Asbestos Mesothelioma Lawsuits and Compensation

Asbestos Mesothelioma Lawsuits and Compensation

Mesothelioma is an occupational disease caused by exposure to asbestos. Most of the individuals diagnosed with this rare form of cancer are those who worked with the toxic mineral at a variety of occupations including shipbuilding, construction work, welding, insulating, auto repair, oil refinery and chemical plant work, plumbing, and many more. They may have also been exposed at home through do-it-yourself projects. For decades before the U.S. halted all new uses of asbestos, scientists, doctors, and others knew it was toxic, yet it stayed on the market and companies continued to use it.

Though it's been more than 30 years since the government issued guidelines and warnings about asbestos use, the dangerous mineral can still be found in a high percentage of the homes and commercial buildings that were constructed prior to 1980, so exposure is still a real possibility. Furthermore, it sometimes takes up to 50 years after exposure for victims to be diagnosed with mesothelioma cancer because of the disease's long latency period. Hence, those exposed in the 60s and 70s can still be diagnosed with the disease in the near future.

It has been proven that, in many cases, owners or operators of plants, factories, or other businesses that made use of asbestos knew that the mineral was hazardous to the health of their employees yet no moves were taken to remove asbestos or to replace it with a safer material. Furthermore, those who manufactured asbestos-containing materials were also familiar with its hazardous qualities yet continued to make and market them. As a result, many individuals were wrongfully exposed to this toxic material and many were sickened as well.

During the last few decades, countless individuals who were injured by asbestos and developed mesothelioma have filed lawsuits against asbestos manufacturers and/or the owners of the companies responsible for their exposure in order to seek compensation. Treatment for this aggressive form of cancer is expensive and results in extensive medical bills and loss of income. Furthermore, victims of the disease have a right to be compensated for pain and suffering. In addition, they may wish to seek funds that will insure that their families will be secure after they pass away.

Asbestos Cancer and the Law

From the 1930s through the 1970s, tens of thousands of individuals, including union workers, were exposed to asbestos, mostly in the workplace. Those with jobs such as shipbuilder, construction worker, contractor, insulator, welder, oil refinery worker, chemical plant employee, railroad engineer, auto mechanic, and a host of other occupations were regularly exposed to asbestos on the job. As a result, many hardworking individuals developed serious asbestos diseases, including mesothelioma, a tough-to-fight cancer that continues to claim lives.

Those who worked with asbestos were rarely informed that the material was toxic and that their health was being compromised, despite the fact that executives at companies nationwide knew that hazardous asbestos was making their employees sick. Hence, no protection was provided and workers regularly breathed in dangerous asbestos fibers. Years later, many of these individuals would discover they had asbestosis - or worse - mesothelioma cancer.

The willing exposure of people to known toxins such as asbestos is, in the end, a matter of gross negligence. Employers who allowed exposure to this hazardous material were literally stealing the good health of their workers, resulting in the loss of quality of life for many individuals who would eventually be affected by mesothelioma. Furthermore, spouses, children, and other family members would also face the risk of acquiring mesothelioma through secondhand exposure. Those who grew up near asbestos plants or mines may have also suffered from exposure, not recognizing until years later that their close relationship with toxic asbestos would make them gravely ill.

Asbestos Mesothelioma Lawsuit and Litigation Process

Asbestos Mesothelioma Lawsuit and Litigation Process

Even though United States health and safety regulators have set guidelines aimed at protecting workers from the dangers of asbestos, up to 3,000 people a year in this country alone are diagnosed with mesothelioma; worldwide, the numbers are even greater. For those workers and their families, a diagnosis is devastating. It means countless medical treatments, mounting medical bills and additional stress and worry about the future.

For those who have been exposed to asbestos on any level, there are legal remedies that can help victims alleviate some of the financial pressures that come with such an overwhelming diagnosis. Many have already turned to the court system to win financial compensation for their sicknesses.

The Asbestos Mesothelioma Litigation Process

A diagnosis of mesothelioma isn't something that comes quickly or easily. Because the disease symptoms start slowly and develop over time, it is often 20 to 50 years after an initial asbestos exposure that a patient is diagnosed with this devastating disease. Many people who develop mesothelioma do so after working in an industry that had utilized asbestos, including the military and construction work. Even family members of those workers are known to come in contact with asbestos through "household exposure" — that is, when the worker unwittingly brings the dangerous asbestos fibers into the home on work clothes and shoes.

For mesothelioma victims and their families, the litigation process can be difficult. Many states have time limits, called statutes of limitation, for asbestos victims to file lawsuits, so it is important to act soon after a diagnosis. Once you have found a qualified, experienced and knowledgeable attorney, you will be guided through the legal process. That includes discovery, depositions, possible settlement talks, a trial, a verdict and a possible appeal. However, because of the huge number of asbestos-related lawsuits, many never go to trial. They typically quickly reach a settlement.

The first step in any claim will be determining where the asbestos exposure happened and the best route to a legal remedy with the at-fault company or companies. Once you file a formal written complaint in court, your lawsuit begins. The complaint will detail your claims and helps outline your case. After the complaint has been filed, the company or companies that have been sued, called the defendants, have a set period of time to respond. During the next phase, called discovery, both sides work to gather information about your claim. Both sides will be asked to answer sets of written questions, produce evidence and documents and participate in depositions. Often this could take weeks to months. Many times the claimant is asked to participate in a videotaped deposition. You will be asked several questions under oath and it will be videotaped for future viewing. Your attorney will be by your side to help you prepare for the questions and responses and to advise and assist you.

Sometimes before a trial starts, and sometimes in the midst of a trial, the defendant's attorneys may ask to resolve the case for a set sum, called a settlement. Your skilled mesothelioma attorney will negotiate the best deal for you. If no settlement can be reached, the case will go to trial. A trial could take several weeks, but the claimant is often not required to attend. Upon winning the case, the claimant starts receiving payments within several weeks. To date, nearly one million mesothelioma litigation cases have been filed, resulting in millions of dollars in compensation.

Asbestos Mesothelioma Trust Funds

Asbestos Mesothelioma Trust Funds

In the wake of an increasing number of once-solvent companies filing for bankruptcy following asbestos litigation, dozens of trust funds have been established as a way to give restitution to mesothelioma victims. With more than $30 billion in trusts, these accounts have become a major source of compensation for injured mesothelioma victims nationwide.

Mesothelioma is a rare cancer that forms in the chest area and is predominantly caused by exposure to asbestos, a toxic mineral that has fibers that settle in the lungs and eventually leads to cancer. Although asbestos has been used for centuries because of its heat-, fire- and chemical-resistant properties, it was not widely used in the United States until the 1930s. Since then, it's been used in a multitude of workplaces, including shipyards, construction sites, mines and mills. It is also been used in a large amount of products, including plumbing and electrical insulation, automobile brakes and floor and ceiling tiles. Use of this toxic substance skyrocketed during World War II and subsequent military actions. Even though most companies knew early on about asbestos dangers, many did not put measures in place to protect the workers or their families. As a result, hundreds of thousands of people have been injured or died.

Mesothelioma is known to have a 20 to 50 year latency period, so by the 1960s thousands of people were being diagnosed with the disease and courthouses were flooded with claims. In the 1970s, the United States Congress began trying to enact Fairness in Asbestos Injury Resolution bills that would create federally mandated trust funds. The most recent revival of this bill, in 2006, would have allowed for a $140 billion trust fund financed by insurance companies and defendant companies. It would have severely limited a claimants right to pursue financial compensation and would have cleared all asbestos manufacturers from wrongdoing. It also would put an end to individual asbestos litigation. Lawmakers summarily shot it down. No bill was ever created.

Mesothelioma Bankruptcies and Bankruptcy Trusts

Today, 56 bankruptcy trusts have emerged from at-fault companies that have filed for bankruptcy. According to the RAND Corporation, a nonprofit global think thank, the largest 26 trusts have paid out at least $10.9 billion on 2.4 million claims so far. These trust have billions set aside for future claims.

The rules that govern these trusts vary among the companies, which makes the legal process very complex. Further complicating the situation is that payout amounts vary greatly from state to state because of differing statutory laws and court rules. A recent study by RAND showed that bankruptcy trusts are playing a larger role in asbestos-injury compensation, but there is no standard system to coordinate payments.

Because of the complexities that surround these trusts, it is important to have an experienced asbestos attorney by your side. A specialized mesothelioma attorney can maneuver through the complex world of court litigation and bankruptcy trusts to ensure you and your family get just compensation. This compensation should not only pay for current medical bills and treatments, but also must cover household expenses and lost wages. An appropriate compensation will also help fund alternative medical treatments that you might not be otherwise able to afford.

Finding the best Asbestos Mesothelioma Lawyers and Attorneys

Finding the best Asbestos Mesothelioma Lawyers and Attorneys

It's easy to find a mesothelioma attorney. What's not easy is finding one who has the expertise, knowhow, skill and backing to win your case. When it comes to hiring a mesothelioma attorney, you don't want an average attorney; you need an attorney who is skilled in the complexities of asbestos-related law, is current on the latest legal proceedings and can maneuver around a courtroom with skill and finesse. You need an attorney will take your special circumstances under consideration when filing a claim and will treat you like a person, not a court case.

A diagnosis of mesothelioma can be devastating and overwhelming for an entire family. Caused by asbestos exposure, mesothelioma is known to take 20 to 50 years to manifest. And by the time it's diagnosed, the treatment options are often very limited. This leaves families devastated, not just from the emotional despair a terminal illness brings but also the huge financial burden.

It is important to remember that many states have statutes of limitation for filing lawsuits, which only allow patients and their families a set period of time to file a claim following a diagnosis. In some states, that timeframe is as short as one year. That's why it is important to act as soon as possible after a diagnosis.

In searching for your best mesothelioma lawyer, there are certain things to keep in mind:

1. Ask your potential attorney a lot of questions. Don't be afraid to inquire about the attorney's college background and work experience. Find out exactly how many cases the attorney has handled. Make sure your attorney is skilled in the area of asbestos law and the intricacies around it.

2. Determine the outcome of the attorney's cases. It's not good enough just to know your attorney has mesothelioma court experience. You need to be sure those cases were successful. Determine how many cases have gone to trial and find out about out-of-court settlements. Find out how many of the cases are under appeal.

3. Ask about the attorney's availability and openness. It is important to work with an attorney who will have time for you. Find out if they will answer your calls directly or have a colleague answer them.

4. Ensure your case will be take on a contingency basis. Because these case can be expensive to investigate and organization, ensure that you won't have any out-of-pocket expenses. Most qualified attorneys will take your case on a contingency basis, only taking payment if you get a financial settlement.

5. Discuss the possibility of filing a private lawsuit over a class action. Often, private lawsuits have better financial outcomes, but class actions may also have benefits. Talk to the attorney about the pros and cons of both.

Asbestos Mesothelioma Claims

Asbestos Mesothelioma Claims

For decades, asbestos was sought after for its near-magical heat-, chemical- and fire-resistant properties. It was utilized in countless industries, from construction to the military. But when asbestos fibers settle in the lungs, they cause a slow and steady inflammation that can lead numerous deadly diseases including mesothelioma. Today, mesothelioma victims by the thousands are filing claims against the employers who carelessly and crassly put them at risk. Today, many of those victims have received millions of dollars from their claims.

For some mesothelioma victims, filing a claim may be a frightening and overwhelming process; for other victims, it may be liberating and therapeutic. For all of the victims, filing a claim can help pay for huge medical bills and mounting household expenses. Mesothelioma claims can help with lost wages, lost future earnings and overall financial security.

Even though asbestos and asbestos abatement are highly regulated, many workplaces simply ignore federal regulations regarding working with this toxic mineral. Some workers aren't provided with the proper protective gear, including facemasks, to protect from the dangers. Others aren't given the full information about the scope of their work. Others still may suspect possible problems but do what they're told without question because they depend on their jobs to pay the bills. Already, asbestos has claimed more than 200,000 lives in the U.S. and millions more worldwide. Every year, about 3,000 new mesothelioma cases are diagnosed in the United States alone.

Filing a Claim

There are several claim options for injured workers to pursue when seeking financial assistance for injuries. Some do not provide adequate financial help however:

Workers' compensation — In some states, mesothelioma claims are considered an occupation illness and automatically qualify for workers' compensation. However, some state workers' comp systems require the victims to give up the right to sue the employer. And workers' comp often does not offer ample financial gains, leaving the injured worker and family struggling to make ends meet.

Veterans benefits — For the mesothelioma victims who served in the military, there are some compensatory claims options. However, the paperwork to file a claim is known to be complicated and confusing.

Bankruptcy trust — Because so many at-fault companies have since filed for bankruptcy protection and gone out of business after being found negligent, courts required trusts be established for injured workers. Filing a claim against the trust requires documented evidence of an asbestos-related injury. The trustees who manage the asbestos trust and your attorney negotiate an equitable settlement based on the extent of injuries and laws guiding the trust.

Litigation — For many mesothelioma victims, filing a court claim is the most successful route to sufficient financial compensation. Depending on your case and your attorney's expert advice, you may sue the injurious company for personal injury or wrongful death.

Financial Assistance for Mesothelioma Victims

 

No matter the route asbestos victims and their attorneys choose to take, it is important to remember that acting quickly is the key to a successful outcome. Because many states limit the amount of time to file a claim, sometimes just 12 months after the initial mesothelioma diagnosis, it is important to speak to a mesothelioma attorney today.

Asbestos Mesothelioma Settlements

Asbestos Mesothelioma Settlements

With nearly one million mesothelioma victims filing court complaints since the early 1930s, many mesothelioma lawsuits don't wind up in the courtroom; they end up in settlement talks.

Mesothelioma, a disease that is almost exclusively the result of asbestos exposure, is known to strike hard after a 20- to 50-year latency period. Most victims unwitting come in contact with asbestos in the workplace and accidentally bring the dangerous fibers home to contaminate family members as well. In many cases, the employers didn't do enough to protect workers and their families from the deadly asbestos fibers.

With an increasing number of mesothelioma victims coming forward each year, many at-fault companies realize that it's easier and more cost effective to settle a case rather than go through tedious and costly court proceedings. More and more lawsuit settlement talks actually begin shortly after an initial court complaint is filed.

How Much are Settlements Worth?

For most mesothelioma victims, the key question in filing a court complaint is the settlement amount. After all, this sum is expected to help pay for mounting medical bills, household expenses, lost wages and is also aimed at helping family members in the future. This is money that every mesothelioma victim deserves after being forced into a deadly medical situation as a result of corporate greed.

The amount of the settlements varies greatly from patient to patient, from several hundred dollars to several million. Often, settlement terms are kept confidential, but there have been some high-award cases in recent years:

A $43 million settlement was awarded to more than a thousand asbestos victims in a Montana town after it was found that dust from a mine was killing the residents.

A $1.7 million settlement was awarded to a former Buffalo, New York police officer who was exposed to asbestos in city buildings.

A $7.5 million settlement was awarded to a former Marine machinist. He was exposed to asbestos while working in a variety of naval shipyards and submarines.

While it's difficult to predict how each individual case will turn out, settlements have become the norm in mesothelioma cases. Because of this, defendant companies often try to pay a lower sum than is appropriate. That's when it's most important to have an expert attorney on your side who is skilled in asbestos litigation.

The Settlement Process

The asbestos settlement process begins like any other asbestos court case. A skilled mesothelioma attorney will prepare court documents, file them in the appropriate courthouses and prepare the case for a judge and jury. This initial preparation includes taking depositions, researching the defendant company's history and determining the best path for a jury trial.

Sometimes, defendant companies will want to immediately settle, especially if the company has been the focus of other public trials that ended with large jury awards. Often, the initial settlement offer is not adequate and much less than the victim deserves. This is just one example of how an experienced mesothelioma attorney will be helpful. Only an attorney who is skilled in the intricacies of mesothelioma litigation will know what kind of settlement is appropriate.

If no settlement offer is reached immediately, it could easily happen just minutes before a trial is ready to start or even during a trial. Attorneys for both sides will sit down and negotiate a fair financial resolution based on your injuries and the amount of pain and suffering inflicted on you and your family.

Diagnosis of Asbestos Mesothelioma

How is asbestos mesothelioma diagnosed?

Diagnosing mesothelioma is often difficult, because the symptoms are similar to those of a number of other conditions. Diagnosis begins with a review of the patient's medical history, including any history of asbestos exposure. A complete physical examination may be performed, including x-rays of the chest or abdomen and lung function tests. A CT (or CAT) scan or an MRI may also be useful.

A biopsy confirms a diagnosis of mesothelioma. In a biopsy, a surgeon or a medical oncologist removes a sample of tissue for examination under a microscope by a pathologist.

Mesothelioma is described as localized if the cancer is found only on the membrane surface where it originated. It is classified as advanced if it has spread beyond the original membrane surface to other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.