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.
