Mesothelioma Litigation

Asbestos, a mineral material which was used in thousands of industrial and consumer products in the mid-20th Century, can lead to a number of devastating diseases, including cancer called mesothelioma. Since many companies and manufacturers understood the dangers involved in working with asbestos products but continued their use anyway, mesothelioma litigation has become a billion-dollar business. Attorneys now specialize in mesothelioma cases, and many former manufacturers of asbestos-containing products have been forced to declare bankruptcy rather than go through multiple, costly court cases.

Settlements for mesothelioma litigation can reach into the millions of dollars. Part of the reason for such high judgments in mesothelioma litigation is the discovery of documents which proved that asbestos manufacturers had scientific proof, almost 70 years ago, that the inhalation of asbestos could lead to health problems. Furthermore, the asbestos manufacturers intentionally hid this information to protect their business profits, continuing to expose their employees and consumers to asbestos despite the risks.

There are several causes of action that give rise to asbestos/mesothelioma litigation. For example, a person who is exposed to asbestos because of a product he or she came into contact with may have a claim of product liability. Many old homes were constructed using asbestos, and some homeowners have contracted mesothelioma because of their asbestos exposure within the home. If you were employed by an asbestos manufacturer, worked in construction where asbestos was used or worked in a building containing asbestos, you may be able to use a workers' compensation claim. If a loved one died of mesothelioma after being exposed to asbestos and you are an heir to the estate, you may have a wrongful death claim and therefore able to begin mesothelioma litigation on behalf of the estate.

After a diagnosis of mesothelioma, it is imperative to contact an attorney and begin mesothelioma litigation immediately. Every state has laws, called statutes of limitations, which bar a lawsuit after a certain amount of time. The courts have recognized that the symptoms of mesothelioma may take up to 30 or even 50 years to manifest, which means that the diagnosis of mesothelioma may come long after the exposure to asbestos occurred. For that reason, the statute of limitations in mesothelioma litigation begins to run at the time of the mesothelioma diagnosis and not at the time of the actual asbestos exposure. These limits still vary from state to state, however; they can be as brief as one year or as long as six, so contacting an attorney as soon as possible after diagnosis is a good idea in any case.

In recent years, some asbestos manufacturers have filed for bankruptcy, seeking the protection of the Federal Court against their judgment creditors. Therefore, victims of asbestos exposure must seek sound legal advice before beginning mesothelioma litigation. An attorney can help a victim determine the solvency of the proposed defendant and ascertain whether or not others should be held liable for the victim's injuries. An experienced mesothelioma attorney can help victims locate other financial compensation for their injuries, or apply to the bankruptcy trust created to compensate mesothelioma victims.

During mesothelioma litigation, a victim may ask for a variety of damages. The law recognizes that victims of mesothelioma may suffer more than just physical harm from the disease. For that reason, a mesothelioma victim may ask for damages relating to loss of income, emotional distress, medical expenses, future medical care, and pain and suffering. They can even seek punitive damages. Most of the damages awarded a plaintiff in mesothelioma litigation are designed to make the plaintiff whole again. However, under the law punitive damages are designed to punish the defendant and deter their bad behavior in the future. In mesothelioma litigation, punitive damages are awarded to the plaintiff because of the overwhelming evidence that asbestos manufacturers actively sought to hide the known risks of asbestos exposure.

Financial Assistance for Mesothelioma

Financial Assistance for Mesothelioma

There are many different types of financial assistance available for those who have been diagnosed with mesothelioma, rare cancer which occurs in workers who have been exposed to asbestos. Social Security Disability Insurance (SSI); private disability insurance; health insurance; clinical trials; and workers’ compensation benefits are all viable financial assistance for mesothelioma patients. Funds created by private individuals, as well as by corporations, provide money for research into treatment, cures, and prevention. Furthermore, some individuals choose to pursue legal recompense, bringing suit against the manufacturers and employers who may have been responsible for their asbestos exposure.

There are a number of funds and foundations in the private sector, established by mesothelioma sufferers and their families. These organizations raise funds to help those suffering from the disease to pay for treatment, medication, and even living expenses that they cannot otherwise afford. Foundations such as the Mesothelioma Research Foundation of America fund laboratories that work hard to develop, among other things, drugs that can help mesothelioma patients. Among the Foundation’s accomplishments, the Chairman of the Medical Advisory Board is developing a drug called Veglin to help mesothelioma patients; funds for its development and progression through FDA trials towards approval came strictly from the Foundation. Other organizations such as the Mesothelioma Treatment Centers support mesothelioma research, provide patients with both financial and legal assistance, and provide access to the best doctors and patient care for those afflicted with mesothelioma. Mesothelioma is a devastating disease that can take an extensive emotional toll as well as a devastating financial one. The mission of these organizations is to learn as much about mesothelioma as possible and to ease the physical pain, emotional burden and financial drains on those who have been diagnosed with it.

There are government-sponsored programs, such as Social Security Disability Insurance—SSI—that pay benefits to disabled workers, their spouses, and their dependent children. SSI also helps disabled widows, widowers, and adult children of retired or deceased workers by providing benefits to help them through the financial difficulties that come with mesothelioma. To find out more, visit your nearest Social Security office or visit their website, www.ssa.gov.

Private disability insurance is a policy or policies taken out by the patient or the patient’s family, or that the patient obtained through his or her job, whose benefits payout to replace a percentage of the worker’s normal wages when the insured is unable to work. Normally the insurance company requires a medical explanation from the insured’s physician; in the case of mesothelioma, there is usually little resistance to paying out the benefits.

Health insurance policies, both purchased privately or those employer-provided sometimes can help pay for some of the costs associated with mesotheliomas, like diagnostic testing, some treatments, and some prescription medications. The patient should look very closely at his or her health insurance policy because often diagnosis such as mesothelioma and other asbestos-related cancers are explicitly excluded in the policy’s coverage.

Many drug companies, hospitals, researchers, and physicians take part in clinical trials. Sponsors of the trial will usually cover the costs related to the treatment, as well as a few related costs, such as travel costs if the patient has to travel extensively to receive the treatment. Other times, some of the costs of participating in such a clinical trial may be covered in the patient’s health insurance. In this situation, it is also a good idea to discuss your financial situation with one of the representatives from the research team. It may be possible that he or she can discuss the details of health plan coverage as it relates to mesothelioma and its related treatments.

Because mesothelioma is a disease most likely caused by asbestos in the workplace, those whose disease developed on the job or as a direct result of it may be eligible for workers’ compensation benefits. These benefits usually pay for medical expenses and a part of the injured worker’s pay while the worker is disabled. Workers’ compensation benefits are in addition to those you may be owed from the company directly.

mesothelioma lawyer

Mesothelioma Lawsuits

mesothelioma lawyer

If you, or a loved one, has developed mesothelioma because of exposure to asbestos, you may be considering filing a mesothelioma lawsuit. Mesothelioma is a type of cancer which affects the mesothelium, a protective layer of tissue surrounding such important organs as the heart, lungs, and stomach.

Those who develop the disease have been exposed to asbestos, often while performing their job. The disease often does not exhibit symptoms for a long period of time—up to 50 years in some cases—which makes it hard to diagnose in the earlier stages. Another unfortunate hallmark of the disease is that mesothelioma does not respond well to traditional cancer treatment methods.

Mesothelioma is most commonly diagnosed in men between the ages of 60 to 70, due to the high rate of asbestos exposure in traditionally male-dominated fields such as construction, plumbing, shipbuilding, mining, milling and manufacturing. The average mesothelioma patient dies within six to eighteen months of diagnosis, often gasping for breath and experiencing extreme pain.

Others who may develop mesothelioma include the children and spouses of workers who were exposed on the job, because affected workers often carried asbestos fibers and dust in their hair, on their skin, and on their clothes.

Asbestos Exposure and Litigation

The hazards of asbestos to human health have been known for decades, but often the companies which made and used asbestos-containing products conspired to keep their workers in the dark. Adequate protective gear was not provided. The key to winning a mesothelioma lawsuit is in proving that although the defendant companies knew they were putting workers and their families at risk, they did nothing to mitigate this risk.

The long latency period of mesothelioma, as well as the ubiquity of asbestos-containing products, can make establishing liability very difficult. In many asbestos-related lawsuits, there are dozens of defendants, since it is nearly impossible to prove that any one of them manufactured, or did not manufacture, the product which may have been responsible for giving off the asbestos fibers that led to the disease. The complicated nature of most mesothelioma lawsuits will necessitate the services of an experienced attorney.

There are many law firms and lawyers which specialize in fighting these kinds of cases, or which have a dedicated staff and extensive resources. Mesothelioma lawsuits can drag on for years, and can be emotionally draining for the plaintiff and his or her family.

A mesothelioma lawsuit can usually be filed within two years of diagnosis, although the time limit can vary by state. A suit can be filed on your behalf if you were the injured party. On the other hand, if a loved one died from mesothelioma, the executor of the estate of the deceased or a family member can file it. A lawsuit can be filed not only by someone who obtained the disease because of years of exposure to asbestos but also by someone who obtained the disease through contact with an affected person.

A mesothelioma lawsuit can be a way for victims of asbestos disease to recover monies for pain and suffering, loss of income, loss of consortium (marital companionship) and medical expenses. A jury may also award punitive damages.

Most mesothelioma cases are appealed by the defendants, especially if a multi-million dollar verdict was handed down. You attorney will explain all of the potential outcomes of your case to you, and will make sure that you understand the possibilities before you begin the process of bringing suit.