Mesothelioma and Asbestos Lawsuit

Understanding Mesothelioma and Asbestos Exposure

Mesothelioma is a rare but aggressive form of cancer primarily affecting the lining of the lungs but can also occur in the lining of the abdomen or heart. It manifests through symptoms such as chest pain and shortness of breath, and, in advanced stages, can lead to significant respiratory complications.

Asbestos exposure is a well-known cause of mesothelioma, with the disease often developing decades after the initial exposure. When asbestos fibers are inhaled or ingested, they can become lodged in the mesothelium, a thin layer of tissue covering the internal organs, leading to genetic damage that causes cells to grow uncontrollably.

The correlation between asbestos exposure and mesothelioma has been robustly documented across various studies. Environmental exposure to asbestos, particularly in areas near asbestos mines or processing plants, significantly increases the risk of mesothelioma, as indicated by spatial analysis showing clusters of cases in affected regions. (1)

As the research reveals, this risk is not limited to occupational settings, as non-occupational exposure through contaminated living environments can also lead to mesothelioma. (2) Even minimal contact with asbestos can disrupt cellular processes, leading to mesothelioma after a prolonged latency period. (3)

Filing a Mesothelioma Lawsuit

If you, or someone you know, were exposed to asbestos and have developed mesothelioma, you may be eligible for compensation from lawsuits against manufacturers or asbestos trust funds.

Types of Asbestos Lawsuits and Claims

While class actions and MDLs were employed in cases involving mesothelioma from asbestos exposure in the past, due to the distinct nature of each plaintiff's exposure and medical history, nowadays, filing individually has become the standard practice for seeking compensation.

When you file a lawsuit individually, you bring a personal claim against the entities responsible for your asbestos exposure. This approach allows for personalized legal representation, where the specifics of your case, including the type and extent of your exposure and the resultant health issues, are directly addressed.

This method not only enhances the potential for receiving a settlement or verdict that truly reflects your individual damages but also avoids the dilution of responsibility and compensation often seen in group litigations.

Asbestos Wrongful Death Lawsuits

In instances where mesothelioma results in the untimely death of a loved one, family members may opt to file a wrongful death lawsuit. This legal action allows survivors to seek compensation on behalf of the deceased.

These claims can cover a range of damages, including medical bills incurred during the deceased's illness, funeral expenses, and loss of income, which would have been provided by the deceased.

The suit holds responsible parties accountable for their negligence or wrongful act that led to the exposure and subsequent disease, ensuring that even in death, the rights and dignity of the victim are upheld.

Mesothelioma Lawsuit Eligibility

To be eligible for filing a mesothelioma lawsuit, you need to meet specific criteria, primarily centered around confirming a mesothelioma diagnosis and establishing a direct link to asbestos exposure, that prove your case is valid:

• Diagnosis Confirmation: First, you must have medical proof of your mesothelioma diagnosis. This evidence usually includes biopsy results and medical records detailing your condition.
• Evidence of Asbestos Exposure: You also need to show that your exposure to asbestos is linked to your diagnosis. This might involve gathering employment records, securing witness testimonies, or obtaining expert evaluations about your exposure settings.
• Timely Filing: It’s crucial to file your lawsuit within the legal time limits set by your state, known as the statute of limitations. These deadlines vary but typically range from one to three years from the diagnosis or from the death of a loved one due to mesothelioma.
• Veterans' Claims: If you’re a veteran exposed to asbestos during military service, you may have additional eligibility for compensation through Veterans Affairs, provided you can demonstrate that the exposure happened during your service.

Engaging with a specialized mesothelioma lawyer early can help ensure that you navigate these requirements effectively and strengthen your case for compensation.

The Military or Government as Defendants

In mesothelioma cases related to asbestos exposure, the defendants are typically not the government or military directly. Instead, lawsuits are usually filed against product manufacturers, suppliers, and sometimes employers who used asbestos-containing materials.

Veterans who develop mesothelioma might think their claims should be directed against the military, but the government is generally not liable in these situations. Instead, veterans can seek compensation through VA benefits or by suing the civilian manufacturers of asbestos products that were used in military applications.

This approach recognizes the government's sovereign immunity, which typically protects it from lawsuits, and directs responsibility towards the manufacturers who supplied the asbestos-containing materials.

Settlements and Verdicts

Compensation for mesothelioma cases is influenced by many factors and requires expert analysis and testimonial evidence to establish causation and justify potential settlements through litigation or trust funds.

The Average Value of an Asbestos Mesothelioma Case

The average value of an asbestos mesothelioma case can vary significantly due to several factors, making it difficult to pinpoint a specific amount without considering the unique details of each case.

Generally, mesothelioma settlement amounts often range between $1 million and $1.4 million, while trial verdicts may yield higher compensations, averaging around $2.4 million. However, these figures can fluctuate based on aspects such as the patient’s diagnosis details, the extent of asbestos exposure, and the legal venue​.

Past cases can provide some perspective on the potential compensation amounts. For instance, settlements have reached as high as $13.3 million for specific roles and exposure scenarios, such as plumbers and pipefitters, indicating the high variability in compensation based on individual case factors​.

However, it is important to remember that each mesothelioma case is unique. Factors like the severity of the illness, the cost of medical treatment, lost wages, and the strength of evidence linking asbestos exposure to the diagnosis significantly influence the settlement or verdict amounts.

Due to these variables, it is advisable to consult with a specialized mesothelioma attorney who can provide a more accurate estimation based on the specifics of your case​.

Factors Affecting Mesothelioma Settlements

As we already mentioned, the compensation for mesothelioma cases can vary widely, influenced by a range of factors unique to each case, including:

• Legal Venue: The state or jurisdiction where the lawsuit is filed can influence settlement amounts due to variations in legal processes and precedents.
• Extent of Asbestos Exposure: The duration and intensity of asbestos exposure play a crucial role. Cases involving long-term exposure at high levels typically result in higher settlements.
• Age and Family Circumstances: Younger patients with dependents may receive higher settlements due to the perceived impact on their family's future.
• Lost Wages and Financial Impact: The economic impact, including lost wages, loss of earning capacity, and financial hardships faced by the family due to the illness.
• Company Policies and Asbestos Safety Measures: The level of knowledge and the preventive measures (or lack thereof) taken by the company can influence liability and settlement amounts.
• Number of Defendants: More defendants can increase the potential settlement as multiple parties may be responsible for the asbestos exposure.
• Punitive Damages: In cases where the defendant’s negligence is particularly egregious, courts may award punitive damages to punish the defendant and deter future misconduct.

Given the multitude of factors involved, predicting the exact value of a mesothelioma settlement can be challenging.

Expert Testimony on Causation in Asbestos-Mesothelioma Lawsuits

Expert testimony on causation plays a crucial role in asbestos-mesothelioma lawsuits, especially when it comes to bridging the gap between medical diagnosis and legal compensation.

This type of testimony typically involves medical experts or industrial hygienists who can provide detailed insights into how asbestos exposure led to a specific individual's mesothelioma.Their analyses often cover the nature and duration of asbestos exposure, the presence of asbestos fibers in tissue samples, and the correlation between exposure levels and the development of mesothelioma.

This expert evidence is vital because mesothelioma cases hinge on establishing a clear causal link between exposure and illness, and it strengthens the plaintiff’s position in negotiations or court proceedings, aiming to secure justice and appropriate compensation for their suffering.

Mesothelioma Trust Funds

Mesothelioma trust funds are financial reserves established by bankrupt companies that produced or used asbestos-containing products. These funds are set up during the bankruptcy process under the oversight of the court to ensure that there is compensation available for current and future claimants who develop asbestos-related diseases like mesothelioma.

Many victims turn to these trust funds for compensation because they often provide a faster resolution than traditional litigation. Trust funds have specific criteria and compensation schedules, which are influenced by many of the same factors we discussed earlier.

The existence of mesothelioma trust funds offers an alternative route to compensation, supplementing legal options like individual lawsuits or settlements. They are crucial because they ensure that victims receive compensation even when the responsible company is financially insolvent, maintaining a measure of justice for those impacted by asbestos exposure.

Additional Legal Options

In addition to pursuing compensation through lawsuits, you may also explore additional avenues for reimbursement, and secure the support you deserve for asbestos-related health issues.

Veterans Affairs (VA) Benefits Claims

Veterans Affairs benefits for mesothelioma are a crucial support system for veterans who were exposed to asbestos during their military service and subsequently developed mesothelioma or other asbestos-related diseases.

These benefits are designed to provide financial assistance and medical care for veterans who have been affected by their service-connected exposure to asbestos. They typically include health care, disability compensation, and, in some cases, dependency and indemnity compensation for surviving family members.

To qualify for VA benefits for mesothelioma:

• You must be a veteran who served in any branch of the United States military.
• You must demonstrate that your mesothelioma is linked to asbestos exposure that occurred during your military service.
• You must have been discharged under conditions other than dishonorable. To apply for VA benefits, you need to submit the necessary documentation, including medical records that confirm your mesothelioma diagnosis, and military service records that show your potential exposure to asbestos through the VA’s official website or at a local VA office.

The VA will then review your claim, and reach a decision. If approved, you will receive a rating decision that details the benefits you’re entitled to.

Workers’ Compensation Benefits

Workers' compensation benefits are another vital support system for employees who have been exposed to asbestos in the workplace and subsequently developed mesothelioma or other asbestos-related diseases.

These benefits aim to cover medical expenses, lost wages, and sometimes rehabilitation costs, helping workers cope with the financial implications of their work-related illnesses.

To qualify for workers’ compensation benefits:

• You must be an employee who was exposed to asbestos during the course of your job.
• You need to demonstrate that your mesothelioma diagnosis is directly related to your workplace exposure to asbestos.
• Your claim must be filed within certain time limits after the diagnosis or recognition of mesothelioma as a work-related condition, which varies by state.

To apply for workers’ compensation benefits, you will need to submit the necessary documentation, including medical records that confirm your mesothelioma diagnosis and any relevant evidence that can substantiate your claim of asbestos exposure at work.

You will also need to notify your employer about your diagnosis and file a claim with your state’s workers' compensation board, following specific procedures outlined by state laws.

Once your state's workers' compensation board reviews your case, they will determine eligibility and, if approved, outline the benefits you'll receive for medical expenses, lost wages, and other related costs.