Asbestos Mesothelioma Lawsuits FAQ
Do I have an asbestos-related lawsuit?If you have been diagnosed with mesothelioma, you have an asbestos-related lawsuit. If you have been diagnosed with lung cancer or asbestosis and you work or used to work around asbestos, your disease was probably caused by exposure to asbestos.
A few states also accept asbestos lawsuits filed by people who reasonably expect to develop asbestos-related illnesses.
How do I file a lawsuit for my asbestos-related disease?First, obtain medical proof of your illness and then look for an experienced lawyer. Attorneys experienced in mesothelioma and asbestos litigation will first determine who was responsible for the asbestos exposure at different places and at different times by obtaining relevant information about your work history, medical reports, co-worker interviews, etc. Keep in mind that there is a statute of limitations that varies from state to state. Your attorney can advise you, so act sooner than later. A family member should get in touch with a lawyer if they suspect cancer fatality was related to asbestos exposure. The attorney will then contact a pathologist to review a biopsy of the decedent’s lung tissue in order to make a diagnosis that the death was essentially caused by asbestos exposure.
Without the lung tissue or cytology (which is fluid drawn from the lungs), it is very difficult to make a post-mortem diagnosis of mesothelioma. If someone is diagnosed with lung cancer, however, a B Reader x-ray makes it possible to determine whether a person had underlying asbestosis. And typically if you have lung cancer combined with underlying asbestosis, that is compensable.Who is responsible for asbestos exposure?
Although the dangers of asbestos did not become widely known until the 1980s, many companies and manufacturers knew about these dangers and risks, yet neglected to warn their workers and supplied them with little or no protection.
An experienced mesothelioma lawyer will typically go after 20-30 manufactures. For example, drywall joint compound contains asbestos, so an asbestos lawyer may go after the manufacturer if the victim had been exposed to asbestos in that manner. Many different exposures can contribute to asbestosis. Those targeted in asbestos lawsuits can include:
- Asbestos manufacturers
- Asbestos installers
- Employers, including contractors whose workers used asbestos products, the general contractor (the company or person in charge of construction and safety at a building site), and/or the owner(s) of the sites where exposure occurred
- Landlords
- Leasing agents
- Owners of building that contained asbestos
- Railroads
- Ship owners
Your mesothelioma case will be filed as your own individual legal claim. Some of the companies that produced asbestos-containing products have been granted protection by the courts against individual lawsuits, and your claims against those companies will be subject to the rules these courts have developed. Attorneys from our office would represent you in both types of claims. If you or a loved one is a victim of mesothelioma, you are entitled to financial compensation and we can help.Settling a claim can often be advantageous by allowing compensation sooner, rather than going to a lengthy trial.
How long do I wait before my case comes to trial?
Typically, living mesothelioma victims are able to obtain a trial date within six months of filing their basic information with the court.
What will an asbestos lawsuit cost me?
Mesothelioma lawyers generally work on a contingency fee basis, so you won’t have to pay for the consultation, and if you do decide to file a mesothelioma lawsuit, you won’t have to pay any fees unless you are successful in your claim for compensation. If there is no settlement, you pay nothing.
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