A mesothelioma diagnosis changes everything. This aggressive cancer, caused almost exclusively by asbestos exposure, typically appears decades after the initial contact with these deadly fibers. Patients and their families suddenly face devastating medical news, mounting treatment costs, and questions about how this happened and who bears responsibility.
Our friends at Ward & Ward Personal Injury Lawyers discuss how companies knew about asbestos dangers for decades but continued exposing workers anyway. A mesothelioma lawyer can help you trace your exposure history, identify liable parties, and pursue compensation while you focus on treatment and time with loved ones.
The Link Between Asbestos And Mesothelioma
Asbestos is a naturally occurring mineral once praised for its heat resistance and durability. Industries used it extensively in construction, shipbuilding, manufacturing, and countless other applications throughout much of the 20th century. According to the National Cancer Institute, exposure to asbestos causes mesothelioma, lung cancer, and other serious diseases.
The problem is that asbestos fibers, when inhaled or ingested, become trapped in the body. Over time, these fibers cause inflammation and cellular damage that can lead to cancer. The latency period between exposure and diagnosis often spans 20 to 50 years, making it difficult for patients to immediately connect their illness to past workplace conditions.
Common Sources Of Asbestos Exposure
Most mesothelioma cases stem from occupational exposure. Workers in certain industries faced particularly high risks:
- Construction workers who handled insulation, drywall, and roofing materials
- Shipyard workers who built or repaired vessels containing asbestos components
- Industrial plant workers exposed to asbestos in pipes, boilers, and machinery
- Military veterans, especially Navy personnel who served on ships
- Automotive workers who handled brake pads and clutches containing asbestos
- Firefighters who encountered asbestos in burning buildings
Secondary exposure also occurs when workers bring asbestos fibers home on their clothing, exposing family members who handle contaminated garments. Some people developed mesothelioma simply from living near asbestos mines or processing facilities.
Types Of Legal Claims Available
Mesothelioma victims have several legal avenues for seeking compensation. The appropriate path depends on individual circumstances, exposure history, and timing.
Personal Injury Lawsuits
Living patients can file personal injury claims against companies responsible for their asbestos exposure. These lawsuits seek compensation for medical expenses, lost income, pain and suffering, and other damages related to the illness.
Wrongful Death Claims
When mesothelioma proves fatal, surviving family members can pursue wrongful death claims. These cases compensate for the loss of companionship, financial support, and funeral expenses, along with the deceased’s pain and suffering before death.
Asbestos Trust Claims
Many companies that manufactured or used asbestos products have filed for bankruptcy protection. As part of these proceedings, courts required them to establish trust funds specifically for compensating future asbestos victims. More than 60 trusts currently hold billions of dollars for legitimate claims.
Veterans Benefits
Military veterans exposed to asbestos during service may qualify for VA benefits in addition to pursuing claims against manufacturers and other liable parties. These benefits don’t preclude other legal actions.
Identifying Liable Parties
Determining who bears legal responsibility requires investigating your complete exposure history. We help clients reconstruct their work history, identify products containing asbestos they encountered, and trace those products to specific manufacturers and suppliers.
Liable parties often include asbestos product manufacturers, companies that used asbestos in their facilities, premises owners who failed to warn about asbestos hazards, and contractors who negligently handled asbestos materials. Multiple defendants are common in mesothelioma cases because exposure often occurred across different jobs and locations over many years.
The Importance Of Documentation
Building a strong mesothelioma case requires substantial documentation. Medical records confirming the diagnosis and establishing the cancer’s progression are foundational. Employment records showing where you worked and when help establish exposure opportunities.
Product identification matters significantly. Knowing which specific asbestos-containing products you encountered allows us to target the right defendants. Coworker testimony can corroborate your exposure history when company records are incomplete or missing.
Statute Of Limitations Concerns
Time limits for filing mesothelioma claims vary by state. Some jurisdictions start the clock at diagnosis, while others use the date you discovered or reasonably should have discovered the link between your illness and asbestos exposure.
These deadlines typically range from one to six years. Given the time required to investigate exposure history and prepare comprehensive claims, starting the legal process soon after diagnosis protects your rights. Delays can result in losing the ability to pursue compensation entirely.
Compensation Available In Mesothelioma Cases
Successful mesothelioma claims can provide substantial compensation addressing multiple types of damages. Medical expenses for this disease are considerable, including surgery, chemotherapy, radiation, experimental treatments, and palliative care.
Lost wages and reduced earning capacity matter significantly when illness prevents continued employment. Many mesothelioma patients are retired, but their lost years of potential work before early retirement can factor into damages.
Pain and suffering compensation addresses the physical discomfort and emotional distress of living with this devastating diagnosis. Loss of consortium claims compensate spouses for the loss of companionship and support.
Punitive damages may be available when evidence shows companies knowingly exposed workers to asbestos dangers. Internal documents from asbestos companies reveal that many understood the health risks decades before taking action to protect workers.
The Settlement Vs. Trial Decision
Most mesothelioma cases settle before trial. Defendants and their insurers often prefer avoiding the uncertainty and publicity of jury trials. Settlements provide faster compensation, which matters significantly for patients with limited life expectancy.
However, settlement offers don’t always reflect full case value. We evaluate each offer against potential trial outcomes, considering factors like the strength of evidence, jurisdiction, and the client’s health status and preferences.
Why Experience Matters In These Cases
Mesothelioma litigation involves specialized knowledge that general personal injury attorneys may lack. Understanding asbestos product history, industry practices, medical aspects of the disease, and the bankruptcy trust system all require specific experience.
We’ve developed relationships with medical professionals who testify about causation and damages, industrial hygienists who reconstruct exposure scenarios, and other specialists who strengthen these cases. Our familiarity with asbestos-containing products and the companies that made them allows efficient identification of liable parties.
Taking The Next Step
A mesothelioma diagnosis brings overwhelming challenges. You shouldn’t have to face the legal process alone while dealing with treatment and the emotional impact of this disease. Compensation cannot restore your health, but it can ease financial burdens and provide security for your family.
If you or a loved one has been diagnosed with mesothelioma, contact our firm to discuss your legal options. We’ll review your exposure history, explain what compensation may be available, and handle your case with the urgency and attention it deserves.