Mesothelioma is a cancer of the tissue lining the lungs, heart, or abdominal organs caused by exposure to asbestos. Between the 1940s and 1980s, asbestos was highly popular in thousands of products used in the construction, automobile, ship building, and steam power industries. But not everyone exposed to asbestos develops mesothelioma, and those who do don’t develop symptoms until 15 to 40 years after exposure.
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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