In a personal injury claim, the injured person receives financial compensation from the liable party for their injury and any related damages or expenses. Hundreds of thousands of mesothelioma cases have been filed since the first U.S. case in 1966, and many of those resulted in victims receiving compensation reaching into six and seven figures.

Proving liability for asbestos exposure and responsibility for a particular victim’s injury, however, can be extremely complicated.  Because mesothelioma doesn’t manifest itself until 15 to 40 years after exposure, gathering evidence decades after the fact can be an almost insurmountable challenge.

That’s why many personal injury law firms have specialized in handling mesothelioma cases exclusively. If you or a loved one have been diagnosed with mesothelioma, be sure to speak only to an attorney with extensive experience assisting mesothelioma victims.  The attorney specializing in mesothelioma has the experience to:

• Evaluate your case and determine your likelihood of prevailing
• Investigate the source of your exposure and determine the companies responsible
• Obtain evidence and establish proof of liability
• File a claim in court or with trust funds established for mesothelioma victims
• Determine fair compensation and negotiate a settlement
• Successfully prosecute a case in court if necessary

Moreover, because the experienced mesothelioma attorney can appreciate the strength of your case, he or she will take the case on a contingency fee basis. That means you pay the attorney nothing unless and until you win your case. When the attorney is successful in obtaining compensation for you, you will typically pay a fee of 30% to 40% of the amount you receive. The exact fee will be specified in the agreement you sign with the attorney before the case begins.

Evaluating your Case

When the attorney has extensive experience in mesothelioma cases, he (or she) can quickly analyze the facts of your situation to determine the likelihood of your obtaining compensation. He will probably also have an idea of how much compensation would be fair in your case, though most attorneys are reluctant to specify any particular amount for obvious reasons.  But because the attorney will be taking your case on a contingency basis – meaning he is paid nothing if he doesn’t win something for you – the fact that he accepts your case at all is a fairly strong indicator that he believes he can obtain a substantial payment for you.

Investigating Who’s Responsible and Obtaining Evidence

This can be one of the most challenging aspects of a mesothelioma claim because the exposure to asbestos happened so long ago.  It is the crucial reason for needing someone with extensive experience.  The law firm that has already handled hundreds of cases has compiled vast amounts of evidence from these prior cases and has agreements with other law firms specializing in mesothelioma to share their information.  Extensive databases have been compiled of companies involved in manufacturing, maintaining, and installing asbestos-containing products, and documentation of their involvement is already on file. Attempting to gather all this detailed evidence from scratch would be prohibitively expensive for any personal injury attorney not having access to such a wealth of existing information.

Filing a Claim

When filing a claim in court is the appropriate course of action, the experienced attorney knows the subtleties of crafting the claim that insure a winning case. 

Sometimes, however, the responsible company has gone through bankruptcy because of the volume of asbestos claims against them. As a result of the bankruptcy settlement, many of these companies formed trust funds to pay the asbestos claims of their victims, and can no longer be sued. The qualified attorney knows all of these trust funds and the ins and outs of filing claims to obtain the maximum permissible compensation.

Negotiating a Settlement

Compared to a lawyer with little experience in mesothelioma cases, the attorney with a track record in negotiating settlements for mesothelioma victims has an advantage in settlement discussions. The opposing attorneys have been defending their clients from mesothelioma claims for many years and can take advantage of an attorney without experience in these cases, possibly resulting in a smaller settlement.

The experienced attorney, on the other hand, has negotiated with asbestos companies before and recognizes the other side’s tactics in trying to minimize your claim.  Your attorney knows the strength of the evidence in your case, and having been successful in previous trials he can convince most opposing attorneys to offer a fair settlement instead of trying the case in court.

Succeeding at Trial

If it becomes necessary to proceed to trial, that’s when you absolutely need an attorney experienced in mesothelioma claims.  In court, your attorney will be facing the asbestos company’s lawyers who have defended their clients in many similar cases.  Against less experienced attorneys, they may have even been able to successfully cloud the claims enough to greatly reduce the compensation in the case.

Your experienced attorney, on the other hand, is seasoned in presenting the evidence in a way that makes the defendant’s liability inescapable, and portrays the amount of compensation requested as eminently fair.

A Valuable (Though Informal) Side Benefit

One final benefit, albeit an informal one, is that the attorney who has worked with hundreds of mesothelioma patients over the years has seen firsthand how their medical treatment affected their comfort and survival.  Though certainly not a doctor, the experienced mesothelioma attorney has no doubt worked with more mesothelioma sufferers than most oncologists, and probably has an awareness of the track record of many specialists and treatment centers. And while no one would suggest taking a lawyer’s opinion over a health professional’s regarding a medical matter, the veteran mesothelioma attorney can at least steer you to the right people and help you ask the right questions.

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Time is important also because victims are frequently not diagnosed until they are in the late stages of the disease, and many will not survive more than a year or two. Though it’s possible to collect compensation for the benefit of the family after the victim succumbs, the amount of compensation can be greater if the lawsuit is settled or won while the victim is able to assist in the case.

Recognizing that they’re up against the clock, many victims’ attorneys will request the court grant an expedited schedule that can lead to concluding the case within one year instead of the more typical two years. Knowing the victim’s poor prognosis, judges will often grant such a request.

The bottom line is that unless an experienced mesothelioma attorney is retained within a few weeks of diagnosis, the mesothelioma victim may not live to see how the case turns out.

The Investigation

In most lawsuits, employers are not named as a responsible party or defendant because they are shielded from employee lawsuits by workers compensation laws. Therefore it’s necessary to determine the companies responsible for manufacturing, installing or maintaining the asbestos-containing products to which the victim was exposed. (There are exceptions in some states, however, for employers who acted with callous disregard for employee health and safety. Your attorney can advise you if your employer is in this category.)

In some cases, the source of exposure may be clear. For example, the Navy veteran whose military service involved maintaining asbestos-insulated boilers and steam pipes aboard ship knows clearly where he was exposed. Experienced mesothelioma attorneys have access to existing data bases cataloging each asbestos company associated with each and every ship in the U.S. Navy. Determining whom to sue in this case is not that difficult.

Some cases, on the other hand, may not be so clear. In the case of the welder who had worked at numerous power plants throughout his career, it may require some sleuthing to determine what asbestos products were in these plants and who the manufacturers and installers were. The process may require obtaining all the victim’s work records, and thoroughly researching asbestos cases from around the country to find links between specific asbestos companies and the victim’s work sites.

Claims Against Bankruptcy Trust Funds

Another issue that may be discovered during the investigation is that one, some, or all of the responsible asbestos companies in the victim’s particular case may have filed for bankruptcy and established trust funds to handle all asbestos-related claims.

Based on a court-approved bankruptcy settlement, such companies can no longer be sued for damages. Any claims for asbestos-related injuries must be submitted to the trust fund and are settled according to pre-established rules. The experienced mesothelioma attorney knows these trust funds and the rules for settling claims efficiently for the maximum permissible amount.

If there are no other responsible companies, then the case ends with the filing and receiving of a settlement from the relevant trust funds.

Filing the Complaint

When the responsible companies have been determined (and they still exist and haven’t created bankruptcy trust funds), the attorneys prepare a complaint naming those companies as defendants and file it in state court. The defendants typically have 30 days to respond. A hearing is then held to discuss motions and establish a schedule. The victim’s attorneys will usually request the expedited schedule at this point. When the schedule is set, the discovery phase begins.

Discovery

During the discovery phase, each side is given the opportunity to question the other, and to gather the evidence from whatever sources it can find. Each side is required to share with the other all the information it intends to bring to trial.

The victim and any witnesses may be asked to give statements regarding their knowledge of the facts of the case. These statements given under oath are called depositions. Depositions are not conducted in a court, but can be taken in any location convenient to all the parties. If the victim is very ill, the deposition can even be taken in the hospital or at the victim’s home.

Settlement Negotiations

In almost every case, the parties will enter negotiations to see if a mutually agreeable financial settlement can be reached without the need for a trial.  By virtue of experience, the victim’s attorney knows in advance what a reasonable settlement should be. If a fair settlement is offered, the victim is advised to accept it. Though every situation is unique, settlements are often in the six and seven figures.

In the event the attorney feels the settlement being offered is not fair, the attorney will discuss with the victim the pros and cons of proceeding to trial. It is then up to the victim to make the decision.  If the victim decides against a trial, then the case is settled for the amount of compensation offered by the defendants.

Upon settlement, the victim irrevocably agrees that the compensation received is satisfactory payment in full for all liability of the defendants and no further claims can be brought.

Trial

If the case is not settled before trial, it then goes before a jury. The victim’s attorney attempts to convince the jury that the victim’s disease was caused by the irresponsible actions of the defendants, and that they owe the victim compensation for the resulting injury.  The defendants’ attorney may attempt to argue that it was not their products that caused the disease or that the defendants acted responsibly and the disease was the result of the victim’s irresponsible actions.

If the victim’s case is legitimate, and the attorney’s investigation was thorough and accurate, the jury will usually decide in the victim’s favor.  That is why most cases are settled before trial.  When the case is not settled, it means the defendants’ believe the victim’s case is flawed or the amount being requested for a settlement is more than a jury would award. 

Before going ahead with the trial, the victim and victim’s attorney should be certain of the strength of the case and the reasonableness of the damages being sought.

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Because of the long time that passes between exposure and diagnosis, many people who were exposed in the 1970s and 1980s are only now learning of their illness. From 2,000 to 3,000 new cases are diagnosed each year and this trend is expected to continue for the next decade or two.

Who is Liable?

In the 1960s, the hazards of asbestos were becoming apparent. In the 1970s, asbestos began to be regulated by the Environmental Protection Agency (EPA), the Occupational Health and Safety Administration (OSHA) and the Consumer Product Safety Commission (CPSC).

Even though the dangers of asbestos exposure were understood by the 1960s, many companies manufacturing or using asbestos products did not take appropriate steps to limit exposure to the hazardous substance until well into the 1980s or 1990s. Hundreds of thousands of successful lawsuits filed by mesothelioma victims since the 1960s have found many of these companies financially liable for their disease by failing to properly control asbestos exposure.

But determining the specific company liable for your exposure may not always be straightforward. If you worked your entire career for the same company where the presence of asbestos has already been established, it’s not much of a mystery who’s responsible for your condition. An example is the pipefitter who worked 35 years in the same power plant and was diagnosed with mesothelioma a few years following retirement.

On the other hand, if you worked for several employers with no clear connection to asbestos or if your exposure was to products in your home, it may take some investigation to determine the source of your exposure and who is liable. An example is the former television reporter who developed mesothelioma in her 60s. She had no known occupational exposure to asbestos. Investigation revealed, however, that the basement laundry room of the building she had lived in for over 30 years contained deteriorating asbestos insulation.

What Compensation Am I Owed?

Mesothelioma victims obviously should have 100% of their medical expenses paid for them. Also, if the illness prevents the victim from working, compensation for lost income is necessary. Compensation for pain and suffering is also appropriate, not only for the victim, but also for the family. If premature death is expected, the victim should receive enough to provide for family support in the victim’s absence. In some cases, the victim may also receive an award of punitive damages to punish the company for its negligent conduct.

While the specifics of every case are unique, the compensation received by most mesothelioma victims reaches into the six or seven figures. 

Because of the disability associated with this illness, mesothelioma sufferers may also qualify for various forms of private or government disability payments. Veterans may qualify for VA disability. When the illness severely impacts the family’s finances, they may also qualify for other forms of financial aid.

How Do I Get Compensation?

Obtaining compensation for mesothelioma requires the services of an attorney, preferably one who specializes in asbestos-related lawsuits.  The qualified attorney knows how to determine the proper responsible party or parties, and if it requires investigation, the attorney will be experienced in locating and examining the necessary records.

Once the responsible company is identified, the attorney files a claim. If the company offers to settle the claim out of court, the experienced attorney knows if the settlement offered is fair under the circumstances. If not, the attorney can negotiate more aggressively or ultimately recommend taking the matter to trial. 

One of the potential difficulties that can arise is if the company responsible for your asbestos exposure has gone bankrupt. Many major corporations faced with thousands of asbestos lawsuits declared bankruptcy, such as Owens Corning and Federal Mogul. These companies are still in business but through bankruptcy they were able to transfer asbestos liability claims to trust funds they established for victims. The experienced attorney knows these cases, and also knows how to prepare a claim for maximum permissible compensation from the fund.

If you need assistance finding an attorney, please contact us using the form at the right.

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The high incidence of mesothelioma cases in past years has led to many lawsuits against employers and manufacturers for exposing workers to asbestos in the workplace even after the health dangers had become known. Payments made to victims have helped to offset medical expenses, lost income and support to the victim’s family, and pain and suffering.

But while civilian mesothelioma victims can in some cases sue their former employers over the harmful working conditions that led to their asbestos exposure, U.S. servicemen are prevented by law from suing the military services. What recourse does the veteran have, then?

First of all, veterans can sue the manufacturers of the asbestos products they were exposed to. But identifying those products and proving exposure may be very difficult. Some law firms specializing in asbestos-related lawsuits have done extensive research, however, to identify exactly what companies supplied what asbestos-containing products found in most of the Navy’s ships. Therefore if you’re a Navy veteran whose asbestos exposure was aboard ship, responsibility for your disease can be traced back to a particular manufacturer or manufacturers.

Second, past lawsuits have resulted in multi-million dollar funds created to pay the claims of mesothelioma victims. For those who qualify, no lawsuit is required to obtain just compensation for asbestos exposure. Any attorney who specializes in mesothelioma cases can guide you through the claim process.

Third, veterans with mesothelioma whose asbestos exposure occurred during military service qualify for VA disability compensation. It’s not a fantastic sum, but it is a monthly income part of which the spouse can continue to receive after the veteran’s death.  Because qualifying for VA disability can be a red-tape nightmare, several non-profit organizations offer professional assistance. Visit the Disabled American Veterans web site or see the VA’s list of recognized organizations for representing veterans’ claims.

If you need assistance finding an attorney, please contact us using the form at the right.

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