Introduction: The Harsh Reality of Mesothelioma in Pennsylvania
Mesothelioma is a type of cancer that affects the tissue lining of your lungs, abdomen, or heart. The primary cause of mesothelioma is exposure to asbestos fibers. Pennsylvania, being one of the top states with the highest incidence rate of mesothelioma, has recorded around 6,000 deaths in the years spanning from 1999 to 2017. Unfortunately, this rate is only projected to increase.
If you or a loved one is diagnosed with mesothelioma, it is crucial to understand your legal rights and options. In Pennsylvania, mesothelioma lawsuits have resulted in millions of dollars in settlements to compensate victims and their families. This article aims to provide essential information about mesothelioma settlements in Pennsylvania, including how they work and what you can expect.
What is Mesothelioma?
Mesothelioma is a type of cancer caused by inhaling asbestos fibers that can lodge into the lining of the lungs, heart, or abdomen. Asbestos has been widely used in building materials, shipyards, and other industrial settings. Asbestos exposure usually occurs on the job or in the environment, with symptoms often appearing after several decades.
How Mesothelioma Settlements Work
Mesothelioma settlements are financial compensation paid by the companies responsible for exposing victims to asbestos. These settlements are a way for victims and their families to receive compensation for the damages caused by asbestos exposure, including medical expenses, lost income, and pain and suffering.
Mesothelioma settlements can be awarded through two main channels: lawsuits or bankruptcy trust funds.
Mesothelioma Lawsuits in Pennsylvania
Victims or their families can sue the companies responsible for asbestos exposure through a mesothelioma lawsuit. These lawsuits can be filed in state or federal court, depending on the circumstances of the case. In Pennsylvania, mesothelioma lawsuits are usually settled out of court or reach a verdict by a jury.
The amount of money awarded in a mesothelioma settlement depends on various factors, including the severity of the illness, the age of the victim, and the extent of the exposure. Typically, mesothelioma lawsuits in Pennsylvania result in multi-million dollar settlements.
Mesothelioma Bankruptcy Trust Funds
Many companies that used asbestos in the past have filed for bankruptcy, leaving them unable to pay damages through lawsuits. To compensate victims, these companies have set up trust funds to provide financial compensation. To access these funds, victims must file a claim and demonstrate they have been exposed to asbestos from the company’s products or services.
Pennsylvania Mesothelioma Settlement Table
Year |
Case |
Amount Awarded |
2019 |
Johns Manville |
$10 Million |
2018 |
Owens Corning |
$9 Million |
2017 |
W.R. Grace |
$11 Million |
2016 |
Pittsburgh Corning |
$8.5 Million |
2015 |
Babcock & Wilcox |
$12 Million |
2014 |
Rust-Oleum |
$5.5 Million |
Mesothelioma Settlement FAQs
1. Are mesothelioma settlements taxable?
Generally, mesothelioma settlements are not taxable as income. However, you should consult with a tax professional to understand your specific tax situation.
2. How do I start the process of filing a mesothelioma lawsuit?
To file a mesothelioma lawsuit, you should hire an experienced mesothelioma lawyer who can guide you through the process and represent you in court.
3. Can I file a mesothelioma lawsuit on behalf of a deceased loved one?
Yes, you can file a mesothelioma lawsuit on behalf of a deceased loved one if you are a legal representative or executor of their estate.
4. How long do I have to file a mesothelioma lawsuit in Pennsylvania?
The statute of limitations for filing a mesothelioma lawsuit in Pennsylvania is two years from the date of diagnosis or death, whichever comes first.
5. Can I still file a mesothelioma lawsuit if the company that exposed me to asbestos is no longer in business?
Yes, you can still file a mesothelioma lawsuit and receive compensation from the company’s trust fund.
6. What is the average mesothelioma settlement amount in Pennsylvania?
The average settlement amount for mesothelioma in Pennsylvania varies depending on the circumstances of the case. However, settlements can range from a few hundred thousand dollars to multi-million dollar payouts.
7. Can I receive compensation for loss of income and medical expenses?
Yes, mesothelioma settlements can compensate victims and their families for loss of income, medical expenses, and pain and suffering.
8. How long does it take to receive a mesothelioma settlement?
The length of time it takes to receive a mesothelioma settlement depends on the complexity of the case and the willingness of the defendants to settle. In general, mesothelioma settlements can take anywhere from a few months to several years to reach a resolution.
9. Can I negotiate a mesothelioma settlement?
Yes, you can negotiate a mesothelioma settlement with the defendants or their insurance company. However, it is essential to have an experienced mesothelioma lawyer representing you during these negotiations to ensure that you receive fair compensation.
10. Do I need to go to trial for a mesothelioma settlement?
No, most mesothelioma lawsuits in Pennsylvania are settled out of court. However, if a settlement cannot be reached, the case may proceed to trial.
11. Can I receive compensation even if I don’t know which company exposed me to asbestos?
Yes, you can file a claim with multiple defendants, and the court will determine who is liable for your exposure to asbestos.
12. What should I do if I suspect that my workplace has high levels of asbestos?
If you suspect that your workplace has high levels of asbestos, you should contact your employer, and they can arrange for an inspection or removal of the asbestos. You should also seek medical attention if you have been exposed to asbestos.
13. How do I find a mesothelioma lawyer in Pennsylvania?
You can find a mesothelioma lawyer in Pennsylvania by searching online, asking for referrals from friends or family members, or contacting the Pennsylvania Bar Association.
Conclusion: Seeking Justice for Mesothelioma Victims in Pennsylvania
Mesothelioma settlements in Pennsylvania can provide financial compensation to victims and their families for the damages caused by asbestos exposure. If you or a loved one has been diagnosed with mesothelioma, it is essential to seek legal help as soon as possible to understand your options and seek the justice you deserve.
Don’t let the companies responsible for your illness get away with it. Contact an experienced mesothelioma lawyer today to learn more about your legal rights and options. Every day counts when it comes to protecting your future and the well-being of your loved ones.
Closing or Disclaimer: The Importance of Legal Representation
The information provided in this article is for educational and informational purposes only and does not constitute legal advice. If you have been diagnosed with mesothelioma or believe that you have been exposed to asbestos, you should consult with an experienced mesothelioma lawyer to understand your legal rights and options. Seeking legal representation is crucial to ensure that you receive fair compensation for your damages and that justice is served.
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