Introduction: Understanding Mesothelioma and Its Causes
Welcome, dear readers, to this article that explores the lawsuit for mesothelioma 2017. Mesothelioma is a rare and aggressive form of cancer that affects the thin layer of tissue that covers most of your internal organs, known as the mesothelium. It is primarily caused by exposure to asbestos, a naturally occurring fibrous mineral that was widely used in construction, shipbuilding, automotive, and other industries during the 20th century.
Asbestos exposure occurs when tiny fibers of the mineral are released into the air and inhaled or swallowed, causing damage to the lungs or the abdomen. Over time, this damage can lead to the development of mesothelioma, which has a poor prognosis and often requires intensive and expensive medical treatment.
If you or your loved one has been diagnosed with mesothelioma, you may be wondering what legal options are available to seek compensation for the harm caused by asbestos exposure. In this article, we will provide a comprehensive overview of the lawsuit for mesothelioma 2017 and the various legal avenues that can help victims and their families.
The Basics of Mesothelioma Lawsuits: What You Need to Know
When it comes to pursuing legal action for mesothelioma, there are two primary types of lawsuits: personal injury and wrongful death. Personal injury lawsuits are filed by victims who have been diagnosed with mesothelioma and seek compensation for their medical expenses, lost wages, pain and suffering, and other damages. Wrongful death lawsuits are filed by the surviving family members of mesothelioma victims who have passed away due to the disease and seek compensation for their loss.
To successfully file a mesothelioma lawsuit, you must be able to prove that your exposure to asbestos was caused by the negligence of a company or entity that manufactured, supplied, or used asbestos-containing products. You must also show that this exposure was a significant factor in the development of your mesothelioma.
If you can establish these elements, you may be able to recover compensation through a settlement or jury verdict. Mesothelioma lawsuits have resulted in multi-million-dollar awards for victims and their families, which can help cover the cost of medical bills, lost income, and other expenses.
The Latest Developments in Mesothelioma Lawsuits: What Happened in 2017?
The year 2017 saw several significant developments in mesothelioma lawsuits, including the following:
1. $250 Million Verdict Against Johnson & Johnson
In April 2017, a jury in California awarded $250 million in punitive damages to a woman who claimed that her mesothelioma was caused by using Johnson & Johnson’s baby powder for decades. This verdict was later reduced to $39 million, but it still sends a strong message about holding companies accountable for exposing consumers to asbestos.
2. FBI Investigation Into Asbestos Trusts
The FBI launched an investigation into alleged fraud and mismanagement in asbestos trusts, which are set up to compensate victims of asbestos exposure. Some critics claim that some of these trusts have been paying out fraudulent claims, which could reduce the funds available for legitimate victims.
3. More Companies Settle Mesothelioma Claims
Several companies reached settlements with mesothelioma victims and their families in 2017, including Honeywell International, Georgia-Pacific, and Owens Corning. These settlements provided much-needed compensation for victims and their families and helped hold these companies accountable for their role in causing asbestos-related illnesses.
The Legal Path to Justice: Exploring Your Options
If you or a loved one has been diagnosed with mesothelioma, it is crucial to understand your legal options for seeking compensation. Below are some of the most common paths victims take:
1. Filing a Personal Injury Lawsuit
Personal injury lawsuits are the most common way for mesothelioma victims to seek compensation. To file a personal injury lawsuit, you must have been diagnosed with mesothelioma and be able to show that your exposure to asbestos was caused by the negligence of a company or entity. Your lawsuit may seek compensation for medical expenses, lost income, pain and suffering, and other damages.
2. Filing a Wrongful Death Lawsuit
If your loved one has passed away due to mesothelioma, you may be able to file a wrongful death lawsuit on their behalf. You must be able to show that your loved one’s exposure to asbestos caused their mesothelioma and that the responsible company or entity was negligent. You may seek compensation for their medical expenses, lost income, funeral costs, and other damages.
3. Pursuing an Asbestos Bankruptcy Trust Claim
Many companies that manufactured, supplied, or used asbestos-containing products have filed for bankruptcy and set up trusts to compensate victims. You may be able to pursue a claim against one of these trusts if you can show that you were exposed to asbestos from a specific company’s products.
4. Applying for Veterans Benefits
Mesothelioma is a common illness among veterans, particularly those who served in the Navy or other branches of the military. If you are a veteran with mesothelioma, you may be eligible for disability compensation, health care, and other benefits through the Department of Veterans Affairs.
5. Exploring Other Legal Options
Depending on your circumstances, you may have other legal options for seeking compensation, such as class action lawsuits, product liability claims, or settlements with asbestos bankruptcy trusts. It is crucial to speak with an experienced mesothelioma attorney to understand your options and take the necessary steps to protect your rights.
A Table of Information About Lawsuit for Mesothelioma 2017
Date | Event |
April 2017 | Johnson & Johnson verdict |
2017 | FBI investigation into asbestos trusts |
2017 | Settlements with Honeywell International, Georgia-Pacific, and Owens Corning |
FAQs: Answers to Common Questions About Lawsuit for Mesothelioma 2017
1. What is mesothelioma?
Mesothelioma is a rare and aggressive form of cancer that affects the mesothelium, which is the thin layer of tissue that covers most of the internal organs. It is primarily caused by exposure to asbestos.
2. What are the symptoms of mesothelioma?
The symptoms of mesothelioma can include shortness of breath, chest pain, coughing, fatigue, weight loss, and abdominal pain. These symptoms may not appear until decades after exposure to asbestos.
3. How is mesothelioma diagnosed?
Mesothelioma is typically diagnosed through a combination of medical imaging tests, such as X-rays and CT scans, and a biopsy, which involves taking a tissue sample for analysis.
4. How long does it take for mesothelioma to develop?
Mesothelioma can take anywhere from 20 to 50 years or more to develop after exposure to asbestos.
5. How can I prove that my mesothelioma was caused by asbestos exposure?
To prove that your mesothelioma was caused by asbestos exposure, you must be able to show that you were exposed to asbestos through the products or materials used by a specific company or entity. This often requires extensive investigation and expert testimony.
6. What damages can I recover in a mesothelioma lawsuit?
You may be able to recover compensation for medical expenses, lost income, pain and suffering, and other damages related to your mesothelioma. The exact amount of damages will depend on the specific facts of your case.
7. Do I need a mesothelioma attorney to file a lawsuit?
While you are not required to hire an attorney to file a mesothelioma lawsuit, it is highly recommended. Mesothelioma lawsuits can be complex and involve multiple defendants, and an experienced attorney can help you navigate the legal process and maximize your chances of success.
8. What is an asbestos bankruptcy trust?
An asbestos bankruptcy trust is a fund set up by a company that has filed for bankruptcy due to asbestos-related liabilities. These trusts are designed to compensate victims who were exposed to asbestos from the company’s products.
9. What is the statute of limitations for filing a mesothelioma lawsuit?
The statute of limitations for filing a mesothelioma lawsuit varies by state but is typically between one and five years from the date of diagnosis or discovery of the illness. It is crucial to speak with an attorney as soon as possible to ensure that you do not miss any deadlines.
10. Can I file a mesothelioma lawsuit if I am not the primary victim?
If you are a family member of someone who has been diagnosed with mesothelioma or has passed away due to the disease, you may be able to file a wrongful death lawsuit on their behalf.
11. What is a contingency fee arrangement?
A contingency fee arrangement is a common way for mesothelioma attorneys to be compensated for their services. Under a contingency fee, the attorney agrees to take a percentage of any settlement or jury award as their fee. If you do not recover any compensation, you do not owe the attorney any fees.
12. Can I still file a lawsuit if the company responsible for my asbestos exposure is no longer in business?
Yes, you may still be able to file a lawsuit if the responsible company is no longer in business. An attorney can help you identify the appropriate parties to hold accountable for your asbestos exposure.
13. What should I do if I have been diagnosed with mesothelioma?
If you have been diagnosed with mesothelioma, it is crucial to seek medical treatment and speak with an experienced mesothelioma attorney as soon as possible. Your attorney can help you understand your legal options and take the necessary steps to protect your rights.
Conclusion: Taking Action for Justice and Compensation
The lawsuit for mesothelioma 2017 demonstrates that victims and their families have options for seeking justice and compensation for the harm caused by asbestos exposure. Whether you pursue a personal injury lawsuit, a wrongful death lawsuit, an asbestos bankruptcy trust claim, or other legal options, it is crucial to have an experienced mesothelioma attorney on your side.
As we move forward into the future, we must continue to hold companies accountable for exposing workers and consumers to this dangerous mineral. By taking action, we can help prevent future cases of mesothelioma and other asbestos-related illnesses and ensure that victims and their families receive the compensation they deserve.
Closing Disclaimer: Legal Information and Advice
The information presented in this article is for educational and informational purposes only and should not be construed as legal advice. If you have been diagnosed with mesothelioma, you should seek the advice of an experienced mesothelioma attorney to understand your legal options and protect your rights. Mesothelioma lawsuits are complex and require specialized legal knowledge, so it is crucial to choose an attorney with experience in this area of law.