Mesothelioma is a rare form of cancer affecting cells in the protective membrane surrounding a majority of the internal organs.
The cells that make up this mesothelium protect these organs by making a special fluid, enabling the organs to move. That’s particularly true with the lungs, it helps the lungs move during breathing. Most people who develop this disease have inhaled or ingested fibers often at their workplace.
In fact, a history of exposure to asbestos is reported in roughly 80 percent of all mesothelioma cases.
Aside from this deadly disease inhalation of the mineral fibers can cause asbestosis and lung cancer. WHO – the World Health Organization estimates that asbestos-related diseases kill over 100,000 people worldwide each year. Visit – Mesothelioma Basics | Mesothelioma | CDC – to learn the basics of mesothelioma.
Asbestos’ popularity grew rapidly in the 19th century, particularly during the Industrial Revolution. It was virtually indestructible, fire-resistant, and used as an insulator. It came to light in the mid 1930’s that exposure to the fibers could cause serious illness. Let’s learn a few facts pertaining to mesothelioma lawsuits.
What You Need to Know About Mesothelioma Lawsuits
Mesothelioma is a deadly and rare cancer caused by asbestos exposure. Asbestos is a toxic mineral favored in the 20th century for construction materials and other products.
Many companies knew the health risks from exposure as soon as the 1930s but failed to disclose this to the public. Because of this, victims may be able to file lawsuits seeking compensation for harm from exposure.
Mesothelioma lawsuits are distinct from other types of personal injury suits, due to the circumstances surrounding the disease and the unique nature of the cancer. These cases require a law firm with exceptional knowledge and experience relating to asbestos and the diseases caused by exposure.
Belluck Law in New Jersey is a reputable and qualified firm dedicated to reviewing mesothelioma claims and discussing an appropriate course of action to ensure you receive the compensation you deserve.
Attorneys like those at Belluck Law LLP are dedicated to letting clients know the facts. Some things you should know includes the following information.
States have unique filing deadlines
Each state has a deadline for filing mesothelioma claims, statute of limitations. While many personal injury claims are treated similarly with the same time limit, mesothelioma claims are distinct. These cases are especially complex if exposure occurs in multiple states.
These cases are common among military veterans or workers transferred frequently while working. A knowledgeable attorney can help determine the best jurisdiction for the case and ensure you meet the timeframes and can file in the right location.
Asbestos trust funds available for victims
Many asbestos companies went bankrupt due to liability from asbestos-related illnesses. Still, that did not absolve them from the responsibility of compensating victims.
These companies were required by law to set up trust funds during bankruptcy proceedings. There are roughly $30 billion in asbestos trust funds available today to support those diagnosed with mesothelioma and other asbestos-related diseases.
Trust fund claims allow victims to receive compensation without directly suing non-operational companies. Each trust fund has distinct eligibility criteria, filing requirements, and payout percentages. This is a reason to seek legal counsel to navigate the processes.
Most mesothelioma cases settle out of court
Roughly 99 percent of mesothelioma lawsuits reach settlement before going to trial. Settlement provides faster compensation, particularly important for the victims dealing with substantial medical expenses.
It further allows them to avoid the uncertainty and stress of a trial while still holding the responsible parties accountable.
Some cases do go to trial, especially if the settlement offer isn’t sufficient to cover the victim’s expenses or negative mental effects. Trials, however, can bring higher compensation despite being time-consuming. You can expect months, possibly years to reach a conclusion.
No attorney fees until you settle or win
Most mesothelioma attorneys work on a contingency fee basis, which means you don’t pay anything upfront. Instead, you only pay if the attorney successfully secures compensation through a settlement offer or a court verdict.
This allows anyone diagnosed with mesothelioma to access quality legal representation without the burden of immediate legal expenses.
Loved ones may qualify for compensation
Loved ones, including spouses and children who have lost someone to mesothelioma may be eligible to file a wrongful death claim, which can cover:
- Medical expenses
- Lost wages
- Funeral costs (if a loved one succumb to an asbestos-related disease)
- Emotional suffering caused by the loss
Specific eligibility criteria for loved ones’ claims vary by state. Some allow only the spouse and kids to file while others include parents and other dependents as eligible. Go here for mesothelioma symptoms, causes, and treatment.
Claims may be valid decades after exposure
Mesothelioma typically develops decades after the initial exposure due to its long latency period. Most states allow victims to file a lawsuit from the date of diagnosis rather than the date of exposure, which is essential for mesothelioma victims. Many claims involve exposure from decades ago.
Even if the workplaces or environments no longer exist, the victims impacted by exposure can still proceed with their legal actions.
Lawsuits may target several parties
Mesothelioma lawsuits can be filed against multiple defendants, including:
- Employers who failed to protect workers from exposure
- Manufactures of asbestos-containing products
- Suppliers who distributed asbestos materials
In most cases, multiple companies can be held liable because victims were exposed to the material from varied products. For instance, a veteran could have been exposed while serving and later in a civilian capacity.
Final Thought
While most reputable attorney like Belluck Law LLP strive for settlement to avoid a lengthy trial for ill clients, many courts grant expedited trials to ensure these victims have their day in court.
Because mesothelioma is aggressive and life-threatening, trial settings are often given priority with some within six months of filing. Other personal injury cases can take as long as a year to resolve.
These are unique and complicated cases, but the right mesothelioma attorney will help you navigate the legal processes and keep you informed until a fair and reasonable settlement is offered, or a successful court verdict is achieved.
