Mesothelioma Lawsuit After Death - Asbestos Exposure
Mesothelioma is a rare and aggressive form of cancer affecting the tissue lining the lungs, stomach, heart and other vital organs caused by prolonged exposure to asbestos. Between 3800 and 4000 new cases are diagnosed in the United States each year. Life expectancy for the most common form of the disease is only 4-24 months following the onset of symptoms.
Although the link between asbestos and disease has been investigated since the early 20th century, it wasn’t until 1989 that the EPA issued an Asbestos Ban and Phase Out Rule (only to see it overturned two years later.)
As recently as 2008, asbestos has been found in Polk County, when the Polk County Sheriff’s Department uncovered illegal dumping of the material in Winter Haven. In St. Petersburg, a real estate developer was indicted for the illegal handling of thousands of square feet of asbestos in 2010.
While the EPA has established exposure limits for asbestos, the United States is one of the few developed countries where asbestos is not completely banned. Tampa, Lakeland and Winter Haven all may still have asbestos in some locations.
What causes Mesothelioma?
Asbestos is a naturally occurring mineral that was widely used in the construction industry for fireproofing and insulation. It was also commonly used in Navy ships, the ship building industry, and automotive repair. When the asbestos fibers are inhaled or ingested, they can become lodged in the lining of the lungs.
As the fibers build up inside these protective tissues, they can initiate the formation of cancerous cells. Usually, this occurs over a prolonged period of time and is most commonly seen in people who have worked with the carcinogenic material on a day-to-day basis for many years.
Average Asbestos-Related Deaths per Year, By County:
Polk County, Florida : 21
Hillsborough County, Florida: 45
Pinellas County, Florida: 64
One factor that makes mesothelioma particularly deadly is its long latency period, which can span decades. In some cases, as many as 50 years have passed between the initial exposure and the first appearance of symptoms. In men, the average latency period is 47.9 years. In women, the average latency period is 53.3 years. By the time of diagnosis, the disease has usually progressed to such a late stage that treatment is ineffective.
Who might have been affected by Asbestos Exposure?
A common ingredient in ceiling tiles, roofing materials, insulation, flooring and drywall, automotive brakes and clutches; asbestos exposure is high among those who have worked in manufacturing and construction.
Factors that could increase your risk for asbestos exposure include:
Working in an asbestos mine or processing plant
Serving on a military ship
Living near an asbestos mine
Disturbing asbestos materials while renovating an older building
Only in the mid-1970s, when the correlation between asbestos dust inhalation and cancer became undeniable, did the material fall out of favor. Until then, asbestos was also the insulator of choice of the U.S. Navy, which used massive quantities of the material in all of their ships.
Asbestos Exposure in Tampa
Because of it’s popularity in ship building, asbestos exposure cases are more frequently seen in the Tampa Bay area, where the active shipyard repaired many types of ships using asbestos.
Many major corporations who used asbestos in their products knew of the dangers of asbestos in as early as the 1920’s.
Asbestos exposure was most prevalent in the following occupations:
Boiler workers
Chemical plant workers
Construction workers (roofers, plumbers, floor layers, electricians, dry-wallers, and more)
Industrial workers
Insulators
Mechanics
Sailors
Shipyard workers
Are there different types of mesothelioma lawsuits?
Typically, mesothelioma lawsuits fall under personal injury or wrongful death. To file a personal injury case, you must file your claim within four years of your diagnosis. You may qualify for a personal injury lawsuit through either firsthand or secondhand (contact with another who was in contact with asbestos) exposure. You may be able to recover for lost wages, medical expenses (including travel to and from medical treatments) and pain and suffering. If you are bringing a suit on behalf of a lost loved one, you may also be able to recover for funeral expenses and loss of consortium. In some cases, mesothelioma sufferers who have been exposed during work have successfully collected under workers’ comp.
Mesothelioma Lawsuit Death
The Court of Appeals of California recently resolved a contentious mesothelioma lawsuit in which an asbestos company attempted to deny the children of a deceased man the right to pursue wrongful death claims. The case pitted Elementis Chemicals, Inc. against the adult children of Marty Marteney, who died of mesothelioma in January of 2015.
The Marteney’s mesothelioma lawsuit was similar to many others: Marty and his wife Marie filed a claim against Elements, Union Carbide Corporation (UCC), and many other defendants, accusing them of having been involved in the manufacture and marketing of asbestos-containing products that caused his illness. The couple settled with several of the defendants, leaving only Union Carbide and Elementis to litigate their claim, and at trial a jury apportioned a percentage of responsibility to those companies. As per the terms of the settlement with the others (which included language pertaining to wrongful death claims), it was determined what UCC and Elementis owed for both economic damages and noneconomic damages. Elements appealed the ruling, and while the appeal was pending, Marty died. His adult children then filed a wrongful death claim while Marie settled her lawsuit voluntarily. Elementis then appealed, arguing that the adult children were compelled to abide by the terms of the settlements that existed between the companies, Marty, and Marie, as well as on other factors.
Upon review of the case, the court sided with the adult children, focusing on Elementis’ argument that when Marie and Marty had negotiated the terms of their own mesothelioma lawsuit, they were acting as agents for their children: the asbestos company said, “Respondents are of course free to let their mother keep that money, but it belongs to them and Elementis is entitled to the settlement credit.” The court disagreed with the notion that the children could or should recover the funds from their mother, or that the parents having given them cash gifts prior to and after Marty’s death somehow negated their right to file their own lawsuit.
Mesothelioma victims and their families struggle with many unfair elements, and it is always rewarding when the courts are able to treat them thoughtfully and with compassion. If you need information on how to approach any aspect of life with mesothelioma, we are here to help. Call the Patient Advocates at budak-adsense.blogspot.com
Mesothelioma Cases Lawsuit
Budak Adsense, LLC, understand that being diagnosed with an illness such as mesothelioma can dramatically change an individual’s life. A person suffering from mesothelioma may no longer be able to work, while mortgage, utility and food bills pile up. Some mesothelioma patients are also overwhelmed by bills for medical treatment. Sometimes patients cannot pay these bills because they lack adequate insurance coverage; and, on occasion, medical insurance companies will deny payment for experimental treatment.
When a new client contacts our office for legal advice concerning a recent diagnosis of mesothelioma, we consider a variety of legal remedies, including a third party lawsuit, claims against bankrupt asbestos manufacturers and a claim for workers’ compensation benefits. A third party lawsuit is a court case brought against manufacturers and distributors of asbestos-containing products and, in some cases, against land owners, such as utility companies and chemical factories, where occupational exposure to asbestos occurred in the past. The point of a third party lawsuit is to obtain a recovery for the plaintiff’s pain and suffering, lost wages, and other economic damages. We believe that it is important to coordinate the prosecution of a third party lawsuit with other forms of compensation.
Budak Adsense, LLC, we work hard to make sure that our clients receive all of the benefits to which they are entitled under law. The following are a list of benefits that you may be entitled to depending on your situation:
Claims Against Bankrupt Asbestos Manufacturers
Workers’ Compensation Benefits
If you or a loved one has been diagnosed with mesothelioma, lung cancer, or another asbestos-related disease, contact us today for a free case evaluation.
Mesothelioma Lawsuit Attorneys
Mesothelioma
Speaking with a mesothelioma law firm is an important step for many. If you’ve been diagnosed with mesothelioma or another asbestos-related disease, you may be entitled to compensation from a company that manufactured and/or sold asbestos-containing products. To find out if you have a case, and how much money you could receive, it’s essential that you discuss your situation with the right mesothelioma law firm.
Budak Adsense Law or request a free legal consultation to learn more about the legal process and our firm’s experience in mesothelioma and asbestos related diseases.
Our Mesothelioma Law Firm’s Experience
Sokolove Law has been fighting for the victims of mesothelioma and asbestos exposure for more than 40 years. We are the first truly national law firm with a licensed attorney in nearly every state. Our Founder Jim Sokolove’s passion and commitment has helped bring justice and compensation to over 5,000 victims of mesothelioma and asbestos-related diseases.
Our nationwide network of mesothelioma law firm attorneys helps provide equal access to our nation’s court system — regardless of a potential victim’s location, income, or race.
Trusted Nationwide for Mesothelioma Legal Services
The national reach of Sokolove Law allows us to help victims in any state, and to maximize the value of their cases and potential settlements.
Our goal is to maximize the compensation that a mesothelioma victim may be entitled to. What makes Sokolove Law unique is that we are not restricted to filing lawsuits in certain states. As a national law firm, we will file wherever a mesothelioma or asbestos-related claim can be best litigated, in order to increase the value of a case.
For more information, we recommend reading: 5 Tips for Finding the Right Mesothelioma Lawyer for You
What You Need to Know About Mesothelioma Law Firms & Mesothelioma Attorneys
A mesothelioma law firm, or a law firm that specializes in asbestos cases, files claims on behalf of those suffering from diseases triggered by asbestos, which includes mesothelioma. These firms develop a deep understanding of the nitty-gritty details involved in bringing justice to the victims and families impacted by these devastating diseases.
“Torts,” as they’re known, or, more commonly, “civil actions,” are part of an extremely complex area of the law. This is the area where asbestos litigation falls. All U.S. states have their own unique statutes, and these statues can vary on things like burden-of-proof, meaning one state’s requirements could be different – or even more demanding – than another’s.
That’s why it’s best to work with an experienced lawyer. Firms like Sokolove Law have for years prioritized keeping up with the latest mesothelioma research and asbestos-related legal developments. Sokolove Law maintains massive databases containing information related to virtually every aspect of the asbestos industry.
Frequently Asked Questions for Mesothelioma Law Firms & Mesothelioma Attorneys
Whenever you’re considering legal action, it’s vital that you interview a potential law firm and check their past experience in mesothelioma claims, settlements and specialized legal experience.
Here are some questions you might ask if you were looking to partner with a mesothelioma law firm:
– How many years of experience does your mesothelioma law firm have?
– Will you take my case on a contingency basis?
– What are the typical outcomes of your mesothelioma cases? Out-of-court settlement? Win? Loss? Appeal?
– Will I be able to speak with members of your law firm as needed? Will my calls be returned promptly and your questions answered clearly?
– How many mesothelioma (not just asbestos) cases or claims has your law firm handled?
– Will my case be handled on an individual basis, or “bundled” with several other similar cases? (This may hurt you if your case is a strong one, but could be helpful with “weaker” cases.)
– Does your mesothelioma law firm have a nationwide network of attorneys and lawyers who will share their research and expertise in order to build a solid case on my behalf?
– Will your law firm be handling my case personally? (At times law firms may refer your case to another firm that may be better suited to help in your situation — often providing you with the services of both their firm and another at no extra cost to you.)
Remember, it’s in your best interest to be comfortable with the mesothelioma law firm and attorneys that handle your case.
Budak Adsense staff of experienced mesothelioma paralegals is here to help you and to answer any questions you might have about filing a mesothelioma lawsuit. Don’t wait — request a free legal consultation today.
How to File a Mesothelioma Lawsuit
Getting Started with your Asbestos Lawsuit
When people with mesothelioma approach our office about a potential asbestos lawsuit, the first contact is often with our intake department. This starts an information-gathering process. We ask them to provide us with essential information about themselves, their family members, their work history, their exposure to asbestos, and their medical history. We also obtain releases so that we can order employment and medical records.
Usually one of our investigators interviews a potential client, and one of the attorneys will call or visit.
As soon as we have sufficient information, we decide if we can recommend filing suit and if our firm can represent them.
We accept an asbestos lawsuit case if we think there is a reasonable chance of a successful outcome. We need to be confident that we can establish the diagnosis, and that there are defendants who are responsible.
Filing An Asbestos Lawsuit
We usually file our cases in California, but not every person has a case that can be properly filed in California. If we conclude, after reviewing all the facts, that a case should be filed in another state, we call upon the most appropriate attorney in our long-established network of attorneys in different states with whom we have worked before. We make a recommendation to the potential client that we associate with an attorney who practices in the most appropriate jurisdiction for the case. It is very important to file an asbestos case in the right jurisdiction and we believe that this decision should be made at the beginning of the process rather than mid-stream.
When we take on new clients, both parties sign a retainer agreement. This is a contract between the clients and Kazan Law, and sets out the details of our representation, the contingency fee structure, and so on. An attorney from our office meets with the client to go over all aspects of your asbestos lawsuit in detail. (Read more about contingency fees.)
Filing the Asbestos Lawsuit Complaint
The formal start of the case comes when we file the complaint against all companies that we believe are probably responsible for the asbestos exposure. These might include asbestos mining companies, manufacturers, distributors, brokers, insulation contractors, other contractors whose workers used asbestos products (e.g. sheet-metal, joinery, fireproofing) or were responsible for safety (e.g. the prime or general contractor), and the owners of the sites where exposure occurred.
It is obvious that determining which companies to sue is a complex matter. We usually file suit against more than a dozen defendants, and sometimes as many as forty or more. Because we have been handling asbestos cases for over 40 years, we have extensive resources to enable our attorneys to make well-informed decisions about who to sue, and how to go about it. We have a team of seven investigators, an extensive document archive, and a database of records and depositions. We also have cooperative working relationships with many other plaintiffs’ law offices around the country and in Britain, Australia, Canada and other parts of the world.
Our client is known as the plaintiff in the lawsuit – because he (or she) is making the complaint. The companies that the plaintiff sues are called defendants – because they are defending. The defendants have about a month, after receiving the complaint, to respond.
Average Mesothelioma Lawsuit Settlements
Many mesothelioma patients are hesitant to file a lawsuit, fearing their case may take a long time to resolve. However, most mesothelioma claims are settled out of court.
What Are Settlements?
Mesothelioma settlements are awarded to victims of asbestos exposure who developed mesothelioma as a result of the negligent actions of the asbestos manufacturing companies responsible for producing the asbestos parts and products to which the victim was exposed. Settlements are monetary amounts agreed to by both parties to avoid a trial. Because there is a high degree of uncertainty in trials, settlements are a surefire way to receive compensation.
Benefits of Settling
Guaranteed Settlements
Receive a Negotiated Sum
The primary benefit of mesothelioma settlements is receiving an agreed upon sum of money. Going to trial can be risky because the outcome is placed in the hands of a jury, whose opinions may be swayed by the defense counsel.
Timely Trials
Avoid a Lengthy Trial
Trials move slowly, and unfortunately time is not a resource most mesothelioma patients have. Agreeing to settle a suit can significantly expedite the payout process, and that money may provide funding for better treatment.
Privacy
Settle in Private
One of the disadvantages of trials is they are public. Settlements also allow you to keep your compensation private.
How Much Are Settlements Worth?
Settlements vary in amount from case to case and out of court settlements are rarely made public. However, there are several estimates of mesothelioma settlement amounts made through policy research. A report by the Rand Corporation in 2005 found that the overall compensation for mesothelioma lawsuits rose sharply in the 1990s.
Average mesothelioma settlement:
Mesothelioma settlements vary greatly depending on the extent to which a patient came in contact with asbestos. On average, total compensation amounts are estimated to be between about $750,000 and $1 million.
Settlements may be worth even more now. Mesothelioma settlement amounts are decided based on many factors and some of these factors tend to go up in value over time. Medical expenses, lost wages, and debt caused by lost wages have all potentially increased in value since 2007. Also, increasing life expectancies can cause an increase in potential lost wages.
How Are Settlements Determined?
The amount of compensation depends on various factors involved in the negotiation of the settlement with the asbestos companies. Every settlement is different and some factors may be more important than others in negotiating a settlement, but there are certain topics consistently covered in every case.
Factors include:
Medical expenses
Lost wages
Pain and suffering
Asbestos exposure history
Diagnosis
Accumulation of debt from lost wages
Minor children and other dependents
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Settlements Process
A mesothelioma settlement is an agreement made between the patient or patient’s family and the at-fault asbestos manufacturing company. Settlements are amounts agreed to that allow both patients and defendants to avoid going to trial. Most mesothelioma lawsuits progress as if they are going to trial, and there are quite a few steps involved in this process. The steps involved in mesothelioma litigation include discovery of evidence, depositions and pretrial motions.
During this part of the lawsuit process, mesothelioma attorneys attempt to force the hand of the asbestos companies into offering an acceptable settlement. This involves many formalities and negotiations, but both parties usually intend to settle unless there are unusual circumstances. Because of this, an overwhelming majority of all lawsuits, including mesothelioma lawsuits, are settled out of court.
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Should I Take My Case to Trial?
Mesothelioma cases go to trial when the plaintiff and the asbestos company can not settle on the amount of compensation. This is rare, as most mesothelioma cases are resolved out of court because there generally exists a significant amount of evidence in favor of the patient, encouraging asbestos companies to settle.
The primary disadvantages of going to trial are the uncertainty of a jury verdict and the expense and the length of time the process takes, so settlement agreements are sought out the majority of the time. However, every mesothelioma case is different and it could potentially benefit a patient to seek a verdict. Find out the best course of action for you by getting connected to top mesothelioma law firms.
Asbestos Mesothelioma Lawsuit
Mesothelioma Lawsuit Explained
If you have ever been exposed to asbestos and contracted a serious and deadly illness like mesothelioma or asbestosis because of that exposure, you have legal options for seeking justice and compensation. Contact a mesothelioma lawyer immediately to find out what those options are and to decide which is best for your future and for your family.
As a victim of asbestos exposure you may be able to take advantage of an asbestos trust fund to receive compensation, but for some people an asbestos lawsuit may be a better choice. In some cases an individual may be able to benefit from both. Only a trained and experienced lawyer who has worked on asbestos cases before can help you make the right decision that will give you the best chance of getting justice and getting compensation.
Asbestos-Related Illnesses
Asbestos is a natural mineral that is extremely harmful to human health. It is made up of tiny fibers that easily come loose and enter the air and land on surfaces like dust. Inhaling or ingesting the fibers can lead to internal damage and later illnesses. Mesothelioma, an aggressive and deadly cancer is one of these illnesses.
Exposure to asbestos can also trigger lung cancer, which is not as rare as mesothelioma, but which can be painful and deadly. Asbestosis, also caused by asbestos exposure, is an uncomfortable and progressive lung condition that is incurable. It causes inflammation and scarring in the lungs that makes breathing difficult. No treatments can reverse the damage or cure it.
In some cases asbestos fibers may migrate past the airways and cause damage and illness in other parts of the body. Mesothelioma can form in the lining of the abdominal organs or more rarely around the heart or the testicles. Asbestos exposure most often in the workplace, and thousands of people were put at risk for decades before 1970s regulations were placed on the use of asbestos and training for how to work with this dangerous mineral.
Filing a Mesothelioma Lawsuit
The process of starting a mesothelioma lawsuit is complicated and time-consuming. Know what you’re getting into, and find an experienced lawyer to help you take the right steps along the way. The laws can be confusing and mistakes are easy to make if you don’t have this expert guidance.
Finding an Asbestos or Mesothelioma Lawyer
The first thing to do when filing a mesothelioma lawsuit is to find the right lawyer. You need a law firm or attorney well-versed in the complicated laws regulating asbestos and mesothelioma cases. Laws are different in every state, and the right lawyer will help you make sense of them and take the necessary steps to file and follow through with a lawsuit.
Developing Your Case
Your attorney will begin right away gathering pertinent information to build a case, but the time it takes to get all the necessary documents together depends on each individual and their case. Your lawyer will be able to do some investigative work to determine what company or employer caused the exposure that triggered your illness, but he or she will also need your input. Be prepared to provide your legal team with as much information you can that is relevant to the case.
Response from the Defendant
The defendant will be given a chance respond to the claims you are making once the information has been collected and the lawsuit filed. Defendants are allotted a certain amount of time to respond, typically 30 days from the time they learn of the lawsuit, but this varies state to state.
The Discovery Phase
If the defendant does not respond, you win your case by default, but this occurs only rarely. In most cases the defendant will respond, and this triggers the discovery period. Both your legal team and the defendant’s legal team will investigate and gather more information and evidence. This is done to build a case either to prove or disprove liability.
Most lawsuits filed over asbestos and mesothelioma proceed to a settlement stage. Here your lawyer will represent you in trying to negotiate compensation from the defendant. Only if the settlement cannot be agreed upon will your case go to trial.
Settlement
Most mesothelioma and asbestos cases never go to trial. Lawyers on each side are usually able to reach an agreement without going through the courts. It takes 18 months on average to reach a settlement agreement, in which both sides determine and agree upon a fair amount of compensation for the victim. The actual time can vary depending on individual factors of a case.
Trial
Trials usually take longer than settlements and can ultimately end in no compensation for the victim. However, the company or companies who caused your illness can be exposed publicly during a trail, and the award amount when a case goes in favor of the plaintiff is usually higher than in a settlement.
In general, asbestos trials can take anywhere from a year to several years. If you’re extremely ill, however, a judge may speed up the process. Most victims of mesothelioma try to avoid a trial because it is in their best interest to get a resolution as soon as possible.
Appeals
Both sides have the right to appeal following a trial if not satisfied with the outcome. This can hold up the process of getting compensation, but an experienced asbestos attorney understands the appeals process and will work diligently for a positive outcome.
Choosing an Asbestos Lawyer
Selecting the best legal team is essential for increasing your odds of a favorable outcome. You need a lawyer who has actual experience working with asbestos victims. The laws regulating these cases are different in each state and can be complicated. They are different from those that govern other types of personal injury.
Make sure you ask about references and testimonials. You want to see that your lawyer not only has experience, but also a proven track record of winning cases for clients. You want a lawyer that other clients were satisfied with and that makes you feel good about your chances. Also important is to choose someone you feel has your best interests in mind and makes you feel comfortable.
Wrongful Death Lawsuits
Because of the length of the legal process and the aggressive nature of mesothelioma, victims of asbestos exposure don’t always live long enough to see the end of a lawsuit or settlement claim. In these cases, the surviving families may choose to file a wrongful death asbestos lawsuit or continue with the current claim.
A wrongful death suit is a claim that a loved one’s death was caused by negligence on the part of a person or company, in this case likely an employer or manufacturer of materials containing asbestos. This type of lawsuit can provide compensation that helps the family cover outstanding medical bills and funeral expenses, but that also provides for pain and suffering and loss of companionship.
Compensation
The main reason that most people file an asbestos or mesothelioma lawsuit is to receive monetary damages. Getting justice and an acknowledgement from the person or company that made you sick can feel good, but there are real financial costs of living with this disease. Winning compensation means money doesn’t have to be a worry, and you can focus on treatment and family.
If you are seeking compensation for an asbestos illness you can ask for money to cover your medical bills for treatment, any future medical bills you expect to have, and to cover any other costs of ongoing care, including therapy and hospice care. You can also claim compensation for emotional suffering, physical pain and suffering, and other less tangible costs of being ill.
Examples of Successful Mesothelioma Lawsuits
Every case is different, but past lawsuits involving asbestos can give you an idea of what you might expect in your own case. For instance, a large settlement was awarded in a jury trial in Arizona in 2016 over a case of mesothelioma and asbestos exposure in the military.
A retired civilian worker in the U.S. Navy developed mesothelioma and died from it after working in the Norfolk Naval Shipyard. He worked on repair and maintenance of equipment like gaskets and valves that contained asbestos. His lawyers successfully showed that when he died a year after being diagnosed with mesothelioma at the age of 73 it was because of that workplace exposure.
The jury in this wrongful death lawsuit awarded a settlement of $17 million to the family of the deceased worker. The settlement included $9 million in compensation and $8 million in punitive damages. The responsibility for paying the settlement was split between the U.S. Navy and two manufacturing companies that supplied asbestos-containing materials.
In Charleston, South Carolina, multiple plaintiffs are currently making a case against the Charleston Naval Shipyard, which ceased operations 20 years ago. Investigators found that residents near the shipyard were experiencing higher rates of mesothelioma than the nationwide average. About 29 people per year have died in the area because of asbestos exposure.
The unusual nature of the case and the large number of people affected resulted in a new law passed in the state. It allows for expedited hearings. This was supposed to ensure that more victims would get compensation sooner through lawsuits. Victims and their families have been getting compensation, but there are still lags that delay payments by years. Many of the plaintiffs have died before their cases were heard.
By filing an asbestos lawsuit you are making a point to get justice and to hold responsible companies accountable for how they harmed workers. A lawsuit is important for these reasons but also for getting the funding you need to cope with your illness. Be sure that you start your lawsuit with an expert by your side and in a timely manner. Statutes of limitations vary by state but all limit the time you have to make your case.
