The Mesothelioma Overview
Before delving into the history of mesothelioma lawsuits, it’s important to understand what mesothelioma is. Mesothelioma is a type of cancer that develops in the lining of the lungs, abdomen, or heart. It’s caused by exposure to asbestos, a naturally occurring mineral that was widely used in construction, shipbuilding, and other industries for many years. Mesothelioma can take decades to develop, which means that many people who were exposed to asbestos in the past are only now being diagnosed with this deadly disease.
The Early Days of Asbestos Use
Asbestos was first used by humans more than 4,000 years ago, but it wasn’t until the Industrial Revolution that its use became widespread. Asbestos was used in insulation, fireproofing, and other building materials because it was cheap, durable, and resistant to heat and fire.
However, by the mid-20th century, it became clear that asbestos was also incredibly dangerous. Studies began to link asbestos exposure to lung cancer, asbestosis, and mesothelioma. In the 1970s, the U.S. government began regulating the use of asbestos, but many workers had already been exposed to the mineral for years.
The Emergence of Mesothelioma Lawsuits
As more and more people were diagnosed with mesothelioma, it became clear that many of them had been exposed to asbestos on the job. In the 1970s and 1980s, some of these workers began filing lawsuits against the companies that had exposed them to asbestos.
The first mesothelioma lawsuit was filed in 1966 by Clarence Borel, a former insulation worker who was diagnosed with mesothelioma after years of exposure to asbestos. Borel sued his former employer, Fibreboard Paper Products Corporation, alleging that the company knew about the dangers of asbestos but failed to warn its workers. Borel won his case, and the decision was upheld on appeal.
The Impact of the Borel Case
The Borel case set a precedent for mesothelioma lawsuits, and it paved the way for thousands of other workers to seek compensation for their injuries. In the years that followed, thousands of people filed lawsuits against companies that had exposed them to asbestos, and many of these cases resulted in large settlements or verdicts.
The Continued Need for Mesothelioma Lawsuits
Despite the fact that mesothelioma lawsuits have been filed for decades, there is still a need for them today. Many workers who were exposed to asbestos years ago are only now being diagnosed with mesothelioma, and they need compensation to cover their medical expenses and lost wages. Additionally, mesothelioma lawsuits help to hold companies accountable for their actions and to prevent future harm.
Table: The First Mesothelioma Lawsuit
| Name of Plaintiff | Name of Defendant | Year Filed | Outcome |
|---|---|---|---|
| Clarence Borel | Fibreboard Paper Products Corporation | 1966 | Plaintiff Won |
FAQs
1. Can I file a mesothelioma lawsuit?
Yes, if you have been diagnosed with mesothelioma and you believe that your exposure to asbestos was the cause, you may be able to file a lawsuit against the company or companies responsible for your exposure.
2. How much compensation can I receive from a mesothelioma lawsuit?
The amount of compensation you can receive from a mesothelioma lawsuit can vary depending on many factors, such as the severity of your illness, the companies involved, and the state in which you file your lawsuit. However, some mesothelioma lawsuits have resulted in multi-million dollar settlements or verdicts.
3. Do I need a lawyer to file a mesothelioma lawsuit?
It’s highly recommended that you hire an experienced mesothelioma lawyer to help you file your lawsuit. Mesothelioma lawsuits can be complex, and an experienced lawyer can help you navigate the process and maximize your chances of winning your case.
4. How long does it take to resolve a mesothelioma lawsuit?
The length of time it takes to resolve a mesothelioma lawsuit can vary. Some lawsuits are settled relatively quickly, while others can take years to work their way through the court system. Your lawyer can give you a better idea of how long your case may take.
5. What if the company responsible for my exposure to asbestos is no longer in business?
Even if the company responsible for your exposure to asbestos is no longer in business, you may still be able to file a mesothelioma lawsuit. Your lawyer can help you identify other companies that may be liable for your exposure.
6. Can I file a mesothelioma lawsuit on behalf of a deceased loved one?
Yes, you may be able to file a mesothelioma lawsuit on behalf of a deceased loved one if they died from mesothelioma and you are their spouse, child, or other close relative.
7. What do I need to prove in order to win a mesothelioma lawsuit?
In order to win a mesothelioma lawsuit, you generally need to prove that you were exposed to asbestos, that the company or companies responsible for your exposure were negligent or acted recklessly, and that your exposure to asbestos caused your mesothelioma.
8. What if I was exposed to asbestos in the military?
If you were exposed to asbestos during your military service, you may be able to file a mesothelioma lawsuit against the government. However, the process of filing a lawsuit against the government can be more complex than filing a lawsuit against a private company.
9. Can I file a mesothelioma lawsuit if I signed a waiver or release?
It depends on the specific language of the waiver or release. Some waivers or releases may be enforceable, while others may not be. Your lawyer can review your waiver or release to determine whether it affects your ability to file a mesothelioma lawsuit.
10. What if I was exposed to asbestos outside of work?
If you were exposed to asbestos outside of work, you may still be able to file a mesothelioma lawsuit. For example, if you were exposed to asbestos in your home, you may be able to file a lawsuit against the manufacturer of the asbestos-containing products that were used in your home.
11. Can I file a mesothelioma lawsuit if I was exposed to asbestos many years ago?
Yes, even if you were exposed to asbestos many years ago, you may still be able to file a mesothelioma lawsuit. Mesothelioma can take decades to develop, so even if you were exposed to asbestos many years ago, you may only now be experiencing symptoms of the disease.
12. What if I live in a different state from the company responsible for my exposure?
It may still be possible to file a mesothelioma lawsuit even if you live in a different state from the company responsible for your exposure. Your lawyer can advise you on the best course of action based on the specific details of your case.
13. Do I need to have a biopsy in order to file a mesothelioma lawsuit?
It’s highly recommended that you have a biopsy in order to confirm your diagnosis of mesothelioma before filing a lawsuit. A biopsy can help to establish the extent of your illness and the likely cause.
Conclusion
The first mesothelioma lawsuit was filed in 1966 by Clarence Borel, a former insulation worker who was diagnosed with mesothelioma after years of exposure to asbestos. Since then, thousands of other workers have filed suit against the companies that exposed them to this deadly mineral. Mesothelioma lawsuits have helped to hold companies accountable for their actions and to provide compensation to those who have been harmed by asbestos exposure. If you or a loved one has been diagnosed with mesothelioma, it’s important to speak with an experienced mesothelioma lawyer as soon as possible.
Mesothelioma lawsuits are complex and can take years to resolve, but they can also result in significant compensation for victims and their families. By filing a mesothelioma lawsuit, you can help to ensure that companies are held accountable for their actions and that future generations are protected from the dangers of asbestos exposure.
Closing Disclaimer
This article is not intended as legal advice and does not create an attorney-client relationship. If you have been diagnosed with mesothelioma or believe that you have been exposed to asbestos, it’s important to speak with an experienced mesothelioma lawyer as soon as possible. An experienced lawyer can help you understand your legal options and maximize your chances of receiving compensation for your injuries.
