🚨 Attention! Mesothelioma is a life-threatening cancer linked to asbestos exposure. Victims of mesothelioma may be entitled to compensation through a lawsuit against asbestos manufacturers, distributors, or suppliers. Read on to learn more about the history of mesothelioma lawsuits and how they can provide justice for victims.
Introduction
Mesothelioma is a rare cancer that affects the lining of the lungs, heart, or abdomen. It is caused by exposure to asbestos, a fibrous mineral that was commonly used in construction, manufacturing, and other industries until the 1980s. Despite the known risks of asbestos, many companies continued to use it, putting workers and their families at risk of mesothelioma and other asbestos-related diseases.
In response to this public health crisis, mesothelioma lawsuits have been filed against companies that exposed workers to asbestos. These lawsuits aim to hold the responsible parties accountable for their actions and provide compensation to victims and their families.
In this article, we will delve deeper into the history of mesothelioma lawsuits, the legal process involved, and the compensation available to victims.
The History of Mesothelioma Lawsuits
Early Cases
The first lawsuits related to mesothelioma were filed in the 1960s. In one notable case, a worker named Claude Tomplait sued his former employer, Johns-Manville, after he was diagnosed with mesothelioma. Tomplait claimed that he had been exposed to asbestos while working for the company and that it had failed to warn him of the dangers of the mineral. The case was eventually settled out of court, but it set a precedent for future mesothelioma lawsuits.
Landmark Case
In 1971, a mesothelioma victim named Clarence Borel filed a lawsuit against his former employer, Fibreboard Paper Products Corporation. The case, known as Borel v. Fibreboard Paper Products Corp., was the first mesothelioma lawsuit to go to trial. Borel claimed that he had been exposed to asbestos while working for the company and that it had failed to provide him with adequate safety equipment or warnings about the risks of asbestos. The jury awarded Borel $79,495 in damages and set the stage for future mesothelioma lawsuits.
Asbestos Bankruptcy
By the 1980s, the number of mesothelioma lawsuits had skyrocketed, and many asbestos manufacturers were facing financial ruin. In response, some companies filed for bankruptcy, setting up trust funds to compensate victims of asbestos exposure. These trust funds have paid out billions of dollars to mesothelioma victims and their families.
Recent Developments
Mesothelioma lawsuits continue to be filed today, with many victims receiving substantial compensation from asbestos manufacturers and their insurers. In recent years, some mesothelioma lawsuits have focused on talc, a mineral that has been linked to mesothelioma and ovarian cancer. These lawsuits allege that companies like Johnson & Johnson knew of the risks of talc but failed to warn consumers.
The Legal Process for Mesothelioma Lawsuits
Filing a Lawsuit
To file a mesothelioma lawsuit, a victim or their family must first find an experienced mesothelioma attorney. The attorney will investigate the victim’s exposure history, gather medical records, and file a lawsuit against the responsible parties. The lawsuit may be filed in state or federal court, depending on the circumstances.
Discovery
Once a lawsuit has been filed, the discovery process begins. This involves both parties exchanging information and evidence related to the case. This can include depositions, medical records, and other documents. Discovery can take several months or even years, depending on the complexity of the case.
Settlement or Trial
After discovery is complete, the case may be settled out of court or go to trial. Most mesothelioma cases are settled before trial, with victims receiving compensation from asbestos manufacturers and their insurers. However, if a settlement cannot be reached, the case will go to trial. A jury will then decide whether the victim is entitled to compensation and how much they should receive.
Appeal
If either party is unhappy with the outcome of the trial, they may appeal the decision. This can lead to additional legal proceedings and delays in compensation for the victim.
Compensation Available to Mesothelioma Victims
Medical Expenses
Mesothelioma treatment can be expensive, often costing hundreds of thousands of dollars. Victims of mesothelioma may be entitled to compensation for their medical expenses, including surgery, chemotherapy, and radiation therapy.
Lost Wages
Mesothelioma can prevent victims from working and supporting their families. Victims may be entitled to compensation for lost wages and future earning potential.
Pain and Suffering
Mesothelioma can be a painful and debilitating disease, causing physical and emotional suffering. Victims may be entitled to compensation for their pain and suffering.
Wrongful Death
If a mesothelioma victim dies before their lawsuit is settled or goes to trial, their family may still be entitled to compensation. This is known as wrongful death compensation and can provide much-needed support to the victim’s loved ones.
Mesothelioma Lawsuit FAQ
What Is the Statute of Limitations for Mesothelioma Lawsuits?
The statute of limitations for mesothelioma lawsuits varies by state but is generally between one and five years from the date of diagnosis or death. It is important to consult with an attorney as soon as possible to ensure that you do not miss the deadline for filing a lawsuit.
Can I File a Mesothelioma Lawsuit on Behalf of a Deceased Family Member?
Yes, you can file a mesothelioma lawsuit on behalf of a deceased family member. This is known as a wrongful death lawsuit and can provide compensation for the victim’s family members.
How Much Does It Cost to File a Mesothelioma Lawsuit?
Most mesothelioma attorneys work on a contingency fee basis, meaning that they only receive payment if the victim receives compensation. The fee is typically a percentage of the compensation received.
Can I File a Mesothelioma Lawsuit if I Am a Smoker?
Yes, you can file a mesothelioma lawsuit even if you are a smoker. However, the compensation you receive may be reduced if smoking is found to have contributed to your mesothelioma.
What Should I Look for in a Mesothelioma Attorney?
You should look for an attorney who has experience with mesothelioma lawsuits, understands the medical and legal aspects of the disease, and has a track record of success in obtaining compensation for their clients.
How Long Does It Take to Receive Compensation from a Mesothelioma Lawsuit?
The length of time it takes to receive compensation from a mesothelioma lawsuit varies depending on the circumstances. Some cases are settled quickly, while others may take years to reach a resolution.
Can I Receive Compensation from Multiple Asbestos Trusts?
Yes, it is possible to receive compensation from multiple asbestos trusts if you were exposed to asbestos from different companies.
How Much Compensation Can I Receive from a Mesothelioma Lawsuit?
The amount of compensation you can receive from a mesothelioma lawsuit depends on several factors, including the severity of your illness, your age, your medical expenses, and your lost wages. Some victims have received millions of dollars in compensation.
Can I Receive Workers’ Compensation for Mesothelioma?
Yes, you may be entitled to workers’ compensation if you were exposed to asbestos while on the job. However, this compensation may not be sufficient to cover all of your medical expenses and lost wages.
Can I File a Mesothelioma Lawsuit if I Was Exposed to Asbestos on the Job Decades Ago?
Yes, you can file a mesothelioma lawsuit even if you were exposed to asbestos decades ago. Mesothelioma can take decades to develop, and the statute of limitations typically starts from the date of diagnosis or death.
Do I Need to Have a Mesothelioma Diagnosis to File a Lawsuit?
Yes, you must have a mesothelioma diagnosis to file a lawsuit. Your attorney will need to obtain your medical records and other evidence to support your claim.
Can I File a Mesothelioma Lawsuit Against My Employer?
It is possible to file a mesothelioma lawsuit against your employer if they knew about the risks of asbestos and failed to provide adequate safety equipment or warnings. However, some states have laws that prevent employees from suing their employers for work-related injuries or illnesses.
Do I Need to Go to Court to Resolve My Mesothelioma Lawsuit?
No, many mesothelioma cases are settled out of court. However, if a settlement cannot be reached, the case will go to trial.
Conclusion
👉 Mesothelioma is a devastating disease that can be traced back to corporate negligence and greed. Mesothelioma lawsuits provide a way for victims to hold companies accountable and receive compensation for their suffering. If you or a loved one has been diagnosed with mesothelioma, it is important to speak with an experienced attorney who can help you navigate the legal process.
👉 We hope this article has provided useful information about the history of mesothelioma lawsuits, the legal process involved, and the compensation available to victims. Remember, mesothelioma lawsuits are not just about money – they are about justice for victims and their families.
👉 If you believe you may have a mesothelioma case, don’t wait – contact an attorney today.
Closing Disclaimer
The information in this article is not legal advice and should not be used as a substitute for consultation with an attorney. Every case is different, and the information in this article may not apply to your specific circumstances. Consult with an experienced mesothelioma attorney to discuss the best course of action for your case.
