Tag: Asbestos

Mesothelioma Lawsuit Explained
If you have ever been exposed to asbestos and contracted a serious and deadly illness like mesothelioma or asbestosis because of that exposure, you have legal options for seeking justice and compensation. Contact a mesothelioma lawyer immediately to find out what those options are and to decide which is best for your future and for your family.

As a victim of asbestos exposure you may be able to take advantage of an asbestos trust fund to receive compensation, but for some people an asbestos lawsuit may be a better choice. In some cases an individual may be able to benefit from both. Only a trained and experienced lawyer who has worked on asbestos cases before can help you make the right decision that will give you the best chance of getting justice and getting compensation.

Asbestos-Related Illnesses
Asbestos is a natural mineral that is extremely harmful to human health. It is made up of tiny fibers that easily come loose and enter the air and land on surfaces like dust. Inhaling or ingesting the fibers can lead to internal damage and later illnesses. Mesothelioma, an aggressive and deadly cancer is one of these illnesses.

Exposure to asbestos can also trigger lung cancer, which is not as rare as mesothelioma, but which can be painful and deadly. Asbestosis, also caused by asbestos exposure, is an uncomfortable and progressive lung condition that is incurable. It causes inflammation and scarring in the lungs that makes breathing difficult. No treatments can reverse the damage or cure it.

In some cases asbestos fibers may migrate past the airways and cause damage and illness in other parts of the body. Mesothelioma can form in the lining of the abdominal organs or more rarely around the heart or the testicles. Asbestos exposure most often in the workplace, and thousands of people were put at risk for decades before 1970s regulations were placed on the use of asbestos and training for how to work with this dangerous mineral.

Filing a Mesothelioma Lawsuit
The process of starting a mesothelioma lawsuit is complicated and time-consuming. Know what you’re getting into, and find an experienced lawyer to help you take the right steps along the way. The laws can be confusing and mistakes are easy to make if you don’t have this expert guidance.

Finding an Asbestos or Mesothelioma Lawyer

The first thing to do when filing a mesothelioma lawsuit is to find the right lawyer. You need a law firm or attorney well-versed in the complicated laws regulating asbestos and mesothelioma cases. Laws are different in every state, and the right lawyer will help you make sense of them and take the necessary steps to file and follow through with a lawsuit.

Developing Your Case

Your attorney will begin right away gathering pertinent information to build a case, but the time it takes to get all the necessary documents together depends on each individual and their case. Your lawyer will be able to do some investigative work to determine what company or employer caused the exposure that triggered your illness, but he or she will also need your input. Be prepared to provide your legal team with as much information you can that is relevant to the case.

Response from the Defendant

The defendant will be given a chance respond to the claims you are making once the information has been collected and the lawsuit filed. Defendants are allotted a certain amount of time to respond, typically 30 days from the time they learn of the lawsuit, but this varies state to state.

The Discovery Phase

If the defendant does not respond, you win your case by default, but this occurs only rarely. In most cases the defendant will respond, and this triggers the discovery period. Both your legal team and the defendant’s legal team will investigate and gather more information and evidence. This is done to build a case either to prove or disprove liability.

Most lawsuits filed over asbestos and mesothelioma proceed to a settlement stage. Here your lawyer will represent you in trying to negotiate compensation from the defendant. Only if the settlement cannot be agreed upon will your case go to trial.

Settlement

Most mesothelioma and asbestos cases never go to trial. Lawyers on each side are usually able to reach an agreement  without going through the courts. It takes 18 months on average to reach a settlement agreement, in which both sides determine and agree upon a fair amount of compensation for the victim. The actual time can vary depending on individual factors of a case.

Trial

Trials usually take longer than settlements and can ultimately end in no compensation for the victim. However,  the company or companies who caused your illness can be exposed publicly during a trail, and the award amount when a case goes in favor of the plaintiff is usually higher than in a settlement.

In general, asbestos trials can take anywhere from a year to several years. If you’re extremely ill, however, a judge may speed up the process. Most victims of mesothelioma try to avoid a trial because it is in their best interest to get a resolution as soon as possible.

Appeals

Both sides have the right to appeal following a trial if not satisfied with the outcome. This can hold up the process of getting compensation, but an experienced asbestos attorney understands the appeals process and will work diligently for a positive outcome.

Choosing an Asbestos Lawyer
Selecting the best legal team is essential for increasing your odds of a favorable outcome. You need a lawyer who has actual experience working with asbestos victims. The laws regulating these cases are different in each state and can be complicated. They are different from those that govern other types of personal injury.

Make sure you ask about references and testimonials. You want to see that your lawyer not only has experience, but also a proven track record of winning cases for clients. You want a lawyer that other clients were satisfied with and that makes you feel good about your chances. Also important is to choose someone you feel has your best interests in mind and makes you feel comfortable.

Wrongful Death Lawsuits
Because of the length of the legal process and the aggressive nature of mesothelioma, victims of asbestos exposure don’t always live long enough to see the end of a lawsuit or settlement claim. In these cases, the surviving families may choose to file a wrongful death asbestos lawsuit or continue with the current claim.

A wrongful death suit is a claim that a loved one’s death was caused by negligence on the part of a person or company, in this case likely an employer or manufacturer of materials containing asbestos. This type of lawsuit can provide compensation that helps the family cover outstanding medical bills and funeral expenses, but that also provides for pain and suffering and loss of companionship.

Compensation
The main reason that most people file an asbestos or mesothelioma lawsuit is to receive monetary damages. Getting justice and an acknowledgement from the person or company that made you sick can feel good, but there are real financial costs of living with this disease. Winning compensation means money doesn’t have to be a worry, and you can focus on treatment and family.

If you are seeking compensation for an asbestos illness you can ask for money to cover your medical bills for treatment, any future medical bills you expect to have, and to cover any other costs of ongoing care, including therapy and hospice care. You can also claim compensation for emotional suffering, physical pain and suffering, and other less tangible costs of being ill.

Examples of Successful Mesothelioma Lawsuits
Every case is different, but past lawsuits involving asbestos can give you an idea of what you might expect in your own case. For instance, a large settlement was awarded in a jury trial in Arizona in 2016 over a case of mesothelioma and asbestos exposure in the military.

A retired civilian worker in the U.S. Navy developed mesothelioma and died from it after working in the Norfolk Naval Shipyard. He worked on repair and maintenance of equipment like gaskets and valves that contained asbestos. His lawyers successfully showed that when he died a year after being diagnosed with mesothelioma at the age of 73 it was because of that workplace exposure.

The jury in this wrongful death lawsuit awarded a settlement of $17 million to the family of the deceased worker. The settlement included $9 million in compensation and $8 million in punitive damages. The responsibility for paying the settlement was split between the U.S. Navy and two manufacturing companies that supplied asbestos-containing materials.

In Charleston, South Carolina, multiple plaintiffs are currently making a case against the Charleston Naval Shipyard, which ceased operations 20 years ago. Investigators found that residents near the shipyard were experiencing higher rates of mesothelioma than the nationwide average. About 29 people per year have died in the area because of asbestos exposure.

The unusual nature of the case and the large number of people affected resulted in a new law passed in the state. It allows for expedited hearings. This was supposed to ensure that more victims would get compensation sooner through lawsuits. Victims and their families have been getting compensation, but there are still lags that delay payments by years. Many of the plaintiffs have died before their cases were heard.

By filing an asbestos lawsuit you are making a point to get justice and to hold responsible companies accountable for how they harmed workers. A lawsuit is important for these reasons but also for getting the funding you need to cope with your illness. Be sure that you start your lawsuit with an expert by your side and in a timely manner. Statutes of limitations vary by state but all limit the time you have to make your case.