🚨 Attention New Jersey residents! If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation. Mesothelioma is a rare and aggressive cancer caused by exposure to asbestos, a toxic mineral that was widely used in construction and manufacturing for decades. Due to its long latency period, mesothelioma may not be diagnosed until years or even decades after exposure. As a result, many victims and their families struggle to pay for medical bills, lost wages, and other expenses.
Fortunately, the legal system provides a way for mesothelioma victims to seek justice and hold asbestos companies accountable. In this article, we will explore the process of filing a mesothelioma claim in New Jersey and answer some common questions about this complex and emotional topic.
Introduction: Understanding Mesothelioma Claims
Mesothelioma claims are a type of personal injury lawsuit that seek compensation for damages related to asbestos exposure. To file a mesothelioma claim, the plaintiff (the person who was exposed to asbestos and later diagnosed with mesothelioma) must prove that:
- They were exposed to asbestos, either directly or through secondhand exposure
- The asbestos exposure was caused by the negligence or intentional actions of a company or individual
- The asbestos exposure was a direct cause of the plaintiff’s mesothelioma diagnosis
Proving these elements can be challenging, as mesothelioma cases often involve multiple defendants, complex scientific evidence, and decades-old exposure histories. That’s why it’s crucial to work with an experienced mesothelioma attorney who can help you navigate the legal process and maximize your chances of success.
What is Asbestos?
Asbestos is a naturally occurring mineral that was widely used in the United States from the early 1900s until the late 1970s. It was valued for its durability, heat resistance, and insulation properties, and was commonly found in:
- Construction materials like insulation, roofing, and flooring
- Industrial products like gaskets, brake pads, and machinery parts
- Consumer products like talcum powder, crayons, and hair dryers
Unfortunately, asbestos is also highly toxic and can cause a variety of serious health problems, including mesothelioma, lung cancer, and asbestosis (a chronic lung disease). Even brief exposure to asbestos fibers can be dangerous, as the fibers can become lodged in the lungs and other organs and cause inflammation and scarring over time.
Who is at Risk of Asbestos Exposure?
Anyone who comes into contact with asbestos fibers is at risk of exposure, but certain occupations and industries have a higher risk of asbestos-related diseases. These include:
- Construction workers
- Automotive mechanics
- Shipyard workers
- Industrial workers
- Electricians
- Plumbers
- Firefighters
Even family members of workers who were exposed to asbestos can be at risk due to secondhand exposure, as asbestos fibers can cling to clothing and other materials and be carried home.
What are the Symptoms of Mesothelioma?
Mesothelioma symptoms can vary depending on the type and stage of the cancer, but common signs include:
- Chest pain
- Shortness of breath
- Coughing
- Fatigue
- Loss of appetite
- Weight loss
- Night sweats
If you have been exposed to asbestos and are experiencing these symptoms, it’s important to see a doctor as soon as possible. Early diagnosis and treatment can improve your chances of survival.
What are the Types of Mesothelioma?
Mesothelioma is classified by the location of the cancer within the body. The three main types of mesothelioma are:
- Pleural mesothelioma: affects the lining of the lungs
- Peritoneal mesothelioma: affects the lining of the abdomen
- Pericardial mesothelioma: affects the lining of the heart
Pleural mesothelioma is the most common form of the disease, accounting for about 75% of all cases.
If you have been diagnosed with mesothelioma and believe that your exposure to asbestos was caused by the negligence of a company or individual, you may be eligible to file a mesothelioma claim in New Jersey. The process of filing a claim typically involves the following steps:
- Choose a mesothelioma attorney: Look for an attorney who has experience in handling mesothelioma claims and can provide you with a free consultation.
- Gather evidence: Your attorney will help you gather medical records, employment history, and other evidence to support your claim.
- File the claim: Your attorney will file the claim on your behalf in the appropriate court.
- Discovery: Both sides will exchange information and evidence through a process known as discovery.
- Negotiation: Your attorney will negotiate with the defendant(s) to try to reach a settlement.
- Trial: If a settlement cannot be reached, your case will go to trial and a jury will decide the outcome.
- Collecting compensation: If you win your case or receive a settlement, you will receive compensation for your damages. This may include medical bills, lost wages, pain and suffering, and other expenses.
New Jersey Mesothelioma Claims: What You Need to Know
New Jersey has a long and complicated history with asbestos. The state was home to several major asbestos manufacturers, including Johns-Manville Corporation, which filed for bankruptcy in 1982 due to the high costs of asbestos-related lawsuits.
In 2006, New Jersey passed the Asbestos and Silica Compensation Fairness Act (ASFA), which established a trust fund to provide compensation to mesothelioma victims and their families. The fund is financed by contributions from asbestos companies, and victims can receive up to 65% of their claim value (up to a maximum of $800,000) from the fund.
Do I Qualify for the New Jersey Mesothelioma Trust Fund?
To qualify for the New Jersey mesothelioma trust fund, you must meet the following criteria:
- You have been diagnosed with mesothelioma or another asbestos-related disease
- You were exposed to asbestos in New Jersey or worked for a New Jersey-based company that used asbestos
- You are unable to obtain full compensation from the defendant(s) due to bankruptcy or other reasons
Note that you may also be eligible for other sources of compensation, such as a mesothelioma lawsuit or settlement.
What is the Statute of Limitations for Mesothelioma Claims in New Jersey?
The statute of limitations is the time limit for filing a mesothelioma claim. In New Jersey, the statute of limitations for personal injury claims (including mesothelioma) is two years from the date of diagnosis or from the date that the diagnosis could have been reasonably made. For wrongful death claims, the statute of limitations is two years from the date of death.
It’s crucial to consult with a mesothelioma attorney as soon as possible after your diagnosis to ensure that you do not miss the deadline for filing a claim.
New Jersey Mesothelioma Claims: Table of Information
| Information | Details |
|---|---|
| What is Mesothelioma? | A rare and aggressive cancer caused by exposure to asbestos |
| What are the Symptoms of Mesothelioma? | Chest pain, shortness of breath, coughing, fatigue, and other signs |
| What is the Statute of Limitations for Mesothelioma Claims in NJ? | Two years from the date of diagnosis or from the date that the diagnosis could have been reasonably made |
| What is the New Jersey Mesothelioma Trust Fund? | A fund that provides compensation to mesothelioma victims and their families |
| How Do I File a Mesothelioma Claim in NJ? | Choose an attorney, gather evidence, file the claim, engage in discovery, negotiate, and potentially go to trial |
| What is Asbestos? | A toxic mineral that was widely used in construction and manufacturing |
| Who is at Risk of Asbestos Exposure? | Construction workers, automotive mechanics, shipyard workers, and others who come into contact with asbestos fibers |
| What are the Types of Mesothelioma? | Pleural, peritoneal, and pericardial mesothelioma |
| Do I Qualify for the NJ Mesothelioma Trust Fund? | You must be diagnosed with mesothelioma or another asbestos-related disease, have been exposed to asbestos in NJ or worked for a NJ-based company that used asbestos, and be unable to obtain full compensation from the defendant(s) |
| What are Mesothelioma Claims? | A type of personal injury lawsuit filed by mesothelioma victims to seek compensation for damages related to asbestos exposure |
| What is the ASFA? | The Asbestos and Silica Compensation Fairness Act, a New Jersey law that established the mesothelioma trust fund |
| What is the Risk of Secondhand Asbestos Exposure? | Family members and others who come into contact with asbestos fibers on clothing or other materials may also be at risk of mesothelioma and other diseases |
| What Should I Do if I am Diagnosed with Mesothelioma? | Seek medical treatment, contact an experienced mesothelioma lawyer, and explore your legal and financial options |
New Jersey Mesothelioma Claims: FAQs
The timeframe for receiving compensation from a mesothelioma claim in NJ can vary depending on the specifics of your case. Some cases settle quickly, while others may take several years to resolve.
The amount of compensation you can receive from a mesothelioma claim in NJ depends on a variety of factors, including the severity of your illness, your medical expenses, your lost wages, and other damages. A mesothelioma attorney can give you a better idea of what to expect based on your individual circumstances.
Yes, you can file a mesothelioma claim in the state where you were exposed to asbestos, even if you currently live in another state.
Yes, you can file a wrongful death claim on behalf of a deceased loved one who died from mesothelioma. The statute of limitations and other rules may be different for these types of claims, so it’s important to consult with an attorney as soon as possible.
Many mesothelioma attorneys work on a contingency fee basis, which means they only get paid if you receive compensation for your claim. This can make hiring an attorney more affordable for victims and their families.
Not necessarily. Many mesothelioma claims are settled out of court through negotiations between the parties. However, if a settlement cannot be reached, your case may go to trial.
When choosing a mesothelioma attorney, look for someone who has experience handling these types of cases, a track record of success, and a personalized approach to client care. You should also look for an attorney who offers a free consultation and works on a contingency fee basis.
Conclusion: Seeking Justice for Mesothelioma Victims in New Jersey
Mesothelioma is a devastating disease that can change a person’s life forever. If you or a loved one has been diagnosed with mesothelioma, it’s important to know that you have legal and financial options. By working with an experienced mesothelioma attorney and exploring your options for compensation, you can hold asbestos companies accountable and receive the support you need to move forward.
We hope this article has provided you with valuable information about mesothelioma claims in New Jersey. If you have any further questions or would like to schedule a free consultation with one of our attorneys, please contact us today.
Disclaimer
This article is intended for informational purposes only and should not be construed as legal advice or a substitute for consulting with a licensed attorney. The information contained in this article may be outdated or incomplete, and may not reflect the most current legal developments. The use of this article or any of its contents does not create an attorney-client relationship between the reader and the authors or our law firm. The authors and our law firm expressly disclaim any and all liability in connection with the use or reliance on any information contained in this article.
