Asbestos and Mesothelioma Law
What is Asbestos and Mesothelioma Law?
Asbestos and mesothelioma law covers personal injury litigation brought by victims of a rare cancer, whose condition resulted from exposure to a toxic mineral previously used in the construction and manufacturing industries. These tort actions seek compensation for the medical expenses and suffering of victims. Or, if the victim has passed away, the goal is to compensate family members for the loss of their loved one. In either case, the basis of the suit is the gross negligence of the defendant, for exposing the victim to a substance known to cause disease.
History and Scope of Asbestos Exposure
Asbestos is the name used to describe several natural minerals with physical characteristics making them ideal for all sorts of commercial applications. These minerals are strong, heat resistant, and cheap to produce. Asbestos fibers can be mixed with cement or woven into cloth. Until several decades ago, the material was commonly used to make home ceiling insulation, floor tiles, vehicle brake pads, firefighting suits, and more. The maritime industry also made extensive use of asbestos in the manufacture of civilian and military vessels.
Concerns over the health related impacts of asbestos began during the industrial revolution and continued well into the 20th century. Early cases of illness involved asbestos workers who suffered respiratory problems from breathing the airborne fibers. The first case of mesothelioma traced to asbestos exposure was reported in 1964, and widespread use of asbestos finally ceased in the late 1970s and early 1980s.
Evidence suggests that during the time asbestos health concerns were on the rise, so too was the use of the material, as companies made the strategic decision to increase production and use profits to pay future legal claims. This was possible due to the lengthy amount of time (20 to 50 years) that typically elapses between exposure and the onset of mesothelioma. The reprehensible conduct of asbestos producers, and the devastation mesothelioma inflicts on its victims, have led to mass tort litigation in recent years.
Legal Recourse for Mesothelioma Patients
Financial compensation is available for those diagnosed with mesothelioma. But legal action must be taken quickly, as a number of factors can make obtaining compensation difficult or impossible for victims who delay. For example, all states have enacted “statutes of limitation” that impose time limits for bringing an asbestos-related lawsuit. Statutes of limitation generally run from the time of diagnoses. In a few states, including California, the deadline for filing suit is as short as one year.
Sadly, patients who wait to pursue legal action will also find themselves up against the reality of the short lifespan associated with mesothelioma. Money awarded in these cases is meant to provide an opportunity to seek the best medical treatment possible, and alleviate financial concerns so the victim can concentrate on fighting the disease. If a legal claim is not brought immediately, the proceeds may come too late to directly benefit the victim (although the money can be a means for the victim to provide for the financial security of surviving family members).
Hiring an Attorney and Filing Suit
Once a victim meets with an attorney, the attorney’s law firm will step in and handle nearly all aspects of the case, so the client can concentrate on medical and personal matters. The responsible parties will be identified, as well as any additional sources of funding, such as victim trust accounts set up by asbestos companies that have closed down or gone bankrupt. Suit will be brought either in the state where the client lives, or in another state if doing so will increase the odds of obtaining a large damage award.
The attorneys for both sides of the case will then conduct “discovery.” Discovery is the process of exchanging records and other evidence. During discovery, the client may need to appear and give testimony at a deposition, which will be held nearby for the convenience of a client who is sick and suffering. Representatives for the defendant will also be deposed. This is the opportunity for victim’s lawyer to question the defendant about the case, on the record and under oath.
When discovery is complete, the parties will have the evidence they need to evaluate the value of the plaintiff’s claim. Settlement discussions will then be held, and if a dollar amount can be agreed on, the money will be paid to the plaintiff and the case will be dismissed. If an agreement cannot be reached, the case will go to trial. Often, mesothelioma victims will opt to resolve the matter through settlement, although those who go to trial are routinely rewarded with large, multimillion dollar jury verdicts.
Mesothelioma Lawyers are Standing By
If you or a family member has been diagnosed with mesothelioma as a result of asbestos exposure, you do not need to worry about the cost of seeking justice. Attorneys who specialize in these cases are available to meet with you for free, and to pursue your claim on a contingency basis. Contact a lawyer now to find out more.
Know your Rights!
Articles on HG.org Related to Asbestos and Mesothelioma Law
- Expert Witness Explains Home Asbestos Exposure LiabilityCases of asbestos exposure may be complicated due to how long the material has been in the building, who put it there, why it was there and how the exposure occurred. This means that the responsible party for the claim may not exist any longer, or there could be more than one person or company accountable for the physical injury or damage to the home.
- Asbestos Clean UpBeginning in the 1950s, asbestos was used throughout the United States.
- Asbestos Exposure from Natural DisastersIn Honolulu, Hawaii, individuals recently displaced from their homes due to recent flooding will have to wait two more months to return. This is due to the risk of exposure to asbestos, which broke from safe containment due to the flood.
- Talcum Powder Cancer LawsuitsIn light of the two large sum awards recently settled for talcum powder cancer lawsuits, many women who were diagnosed with ovarian cancer are now asking themselves if the powder they used could be the culprit in their diagnosis. A verdict against Johnson & Johnson awarded $55 million to a woman who was diagnosed with ovarian cancer after using the talcum powder the company produces for her feminine hygiene.
- Construction Workers at Risk of Mesothelioma from Asbestos ExposureConstruction can be one of the most hazardous occupations and the one that sees the most cases of mesothelioma from asbestos exposure.
- Manufacturers of Asbestos-Free Products Could still Face Claims of NegligenceWhen a company manufactures a product containing no asbestos, but knows their product will be used with a product containing asbestos, the courts are considering if they are responsible for issuing a warning to consumers. An example of this is a pump which needs gaskets in order to operate.
- Recent Absestos Removal Violation CaseCertified Environmental Services Inc., a New York asbestos abatement testing company, recently pled guilty in federal court to negligence for releasing asbestos into the atmosphere.
- Asbestos Continues to Enter U.S. PortsThe Environmental Working Group (EWG) Action Fund recently released an analysis of federal trade data that more than eight million pounds of asbestos have entered U.S. ports since 2006.
- Concern about Asbestos in Nation’s SchoolsSenators Edward J. Markey (D-MA) and Barbara Boxer (D-CA) recently focused their attention on the 1986 law created to protect students, teachers, and employees in the United States from asbestos exposure.
- New Drug Delivery System for Mesothelioma TreatmentPemetrexed is the only medication that has been approved by the FDA for the treatment of pleural mesothelioma. Since it was approved in 2004, pemetrexed combined with cisplatin has become standard treatment for mesothelioma patients.
- All Tort and Personal Injury Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Tort and Personal Injury including: animal bites, asbestos mesothelioma, back and neck injury, bicycle accident, birth injury, brain injury, burn injuries, catastrophic injuries, construction accidents, construction injuries, defamation, libel and slander, defective products, industrial injuries, mass tort, negligence, nursing home abuse, pedestrian accident, personal injury, premises liability, product liability, sexual abuse, slip and fall, spinal cord injury, torts, toxic mold, toxic torts, workplace injuries and wrongful death.
Asbestos and Mesothelioma Law — US
- Asbestos Definition - Wikipedia
- Asbestos Exposure and Your Legal Rights
A brief history of asbestos-related law and its current status: what are your rights when you suffer from a disease caused by asbestos exposure?
- Asbestos Hazard Emergency Response - US Code
The Environmental Protection Agency’s rules.
- Asbestos Information Act of 1988
This legislation is intended to facilitate the early identification of the manufacturer or processor of a particular type of asbestos or asbestos-containing material.
- Asbestos Regulation - US Environmental Protection Agency
The U.S. EPA Region 4 conducts inspections throughout the eight southeastern states to evaluate compliance with the Agency's asbestos regulations.
- Asbestos School Hazard Detection and Control - US Code
It is the purpose of this chapter to direct the Secretary of Education to establish a task force to assist States and local educational agencies to ascertain the extent of the danger to the health of school children and employees from asbestos materials in schools.
- Asbestos Trust Fund - US Code
There is established in the Treasury of the United States a trust fund to be known as the “Asbestos Trust Fund”, consisting of such amounts as may be transferred or credited to such Trust Fund as provided in this section.
- Asbestos, Cancer, & Mesothelioma Legal Concerns & Resources
- Federal Agencies and Mesothelioma
The pervasive nature of asbestos use, exposure, and now health maladies - like Mesothelioma - linked with asbestos exposure requires a widespread network of government resources.
- Medical Criteria Requirement for an Asbestos and Mesothelioma Claim
This is the latency, diagnostic, exposure and medical criteria required of an asbestos claim for each of the nine disease levels. Levels I through V include nonmalignant asbestos-related disease or conditions and levels VI through IX include malignant diseases.
- Occupational Safety and Health Standards for Shipyard Employment - Toxic and Hazardous Substances
This section regulates asbestos exposure in all shipyard employment work as defined in 29 CFR part 1915.
- Safety & Help Topics: Asbestos — US Department of Labor
An estimated 1.3 million employees in the construction and general industry face significant asbestos exposure on the job, particularly workers in the construction industry or employees in the manufacture of asbestos products.
Asbestos and Mesothelioma Law — International
- Asbestos and the Law - Wikipedia
- Asbestos Compensation in Europe
- Asbestos Hazards Handbook - UK
- Asbestos Laws in Australia
- Asbestos: The current situation in Europe
- EU Legislation: Asbestos in Products — CBI
- European Asbestos Campaign — European Agency for Safety and Health at Work
- Liability for Asbestos Related Disease in England and Germany
- Nano-Mesothelioma False Alarm - by the Nanotechnology Law Report - Poland