Los Angeles, CA: A 68-year old man who worked as a painter and handyman from the early 1960s until his diagnosis of asbestos mesothelioma has been awarded $8,465,738 in settlement of his asbestos lawsuit.
In the lawsuit, the plaintiff alleged his exposure to asbestos resulted from working with asbestos-containing products manufactured and supplied by the defendants, Union Carbide and CalPortland. Specifically, the lawsuit claimed that the joint compound and the plastic cement the plaintiff worked with contained asbestos.
Recently diagnosed with pleural malignant asbestos mesothelioma, the plaintiff subsequently underwent an extrapleural pneumonectomy. He and his wife brought suit against the various defendants alleging that the defendants were negligent in failing to warn of the dangers of asbestos contained in their products or sold to others to place in their products.
At the conclusion of the 37-day trial the jury returned its verdict in favor of the plaintiffs and against the defendants. The jury determined that defendants CalPortland and Union Carbide were responsible.
Family of Deceased GM Worker Awarded $3M in Asbestos Lawsuit Settlement
Erie, PA: The family of a former employee at the GM Powertrain facility in the town of Tonawanda, who subsequently died of asbestos disease, has been awarded $3 million by the jury hearing the case.
Gerald Suttner, formerly of Tonawanda, worked at the GM facility repairing vales manufactured by Crane Co. The job involved removing asbestos gaskets, which created asbestos dust Suttner would have inhaled. He did this for 36 years,from 1964 to 1979, when he retired.
Diagnosed in October 2010, Mr. Suttner died just one year later, from pleural mesothelioma, a form of cancer that is caused by asbestos. He was 77.
During the trial, lawyers for the Suttner family called expert witnesses who testified that there is no such thing as safeasbestos exposure and assured the jury that Suttner’s exposure is what led to his diagnosis. The dangers of asbestoshave been known since the early 1900s, and they lawyers made the case that Crane was aware of these dangers since the 1930s. “But the company continued to use asbestos well into the late 1980s without placing warnings on its products,” the law firm’s statement reads.
During his retirement, Suttner helped his wife, Joann, care for their disabled daughter, and served as a volunteer for the Shriners Hospital in Erie, PA, driving children to and from the hospital.
Gerald Suttner, formerly of Tonawanda, worked at the GM facility repairing vales manufactured by Crane Co. The job involved removing asbestos gaskets, which created asbestos dust Suttner would have inhaled. He did this for 36 years,from 1964 to 1979, when he retired.
Diagnosed in October 2010, Mr. Suttner died just one year later, from pleural mesothelioma, a form of cancer that is caused by asbestos. He was 77.
During the trial, lawyers for the Suttner family called expert witnesses who testified that there is no such thing as safeasbestos exposure and assured the jury that Suttner’s exposure is what led to his diagnosis. The dangers of asbestoshave been known since the early 1900s, and they lawyers made the case that Crane was aware of these dangers since the 1930s. “But the company continued to use asbestos well into the late 1980s without placing warnings on its products,” the law firm’s statement reads.
During his retirement, Suttner helped his wife, Joann, care for their disabled daughter, and served as a volunteer for the Shriners Hospital in Erie, PA, driving children to and from the hospital.
Chevron to Pay $40M in Asbestos Class Action Lawsuit
Denver, CO: A$40 million settlement has been reached in an environmental class action brought by northern Colorado landowners against Chevron Corp. The lawsuit alleged asbestos contamination to the land.
The settlement, reached late in January, will see Chevron pay $32.5million in cash to the landowners in the class. It will also pay $7.5million for asbestos cleanup and testing.
The settlement, reached late in January, will see Chevron pay $32.5million in cash to the landowners in the class. It will also pay $7.5million for asbestos cleanup and testing.
Construction Worker Settles Asbestos Lawsuit for $7.5M
Los Angeles, CA: A construction worker who developed a highly aggressive cancer after his exposure to asbestos, has resolved his asbestos lawsuit against the defendant companies for $7.5 million prior to trial. The plaintiff brought suit against several of the companies that manufactured the materials. The defendants severally denied liability.
In the 1970s and 1980s, the plaintiff was a construction worker helping install underground water and sewer lines beneath the Sacramento Valley city of Chico. His job involved working with pipes made from a concrete-asbestoscompound, which he would cut with a gasoline-powered saw. The cutting generated an enormous amount of cement-asbestos dust, which left the plaintiff covered head to toe by the end of the day. The plaintiff was later diagnosed with pleural mesothelioma, an aggressive form of cancer, also rare except where attributable to asbestos exposure.
The plaintiff filed suit in the Superior Court of Los Angeles County, seeking damages on a defective product liability action. The plaintiff sought recovery of medical expenses, lost wages, and non-economic recovery. The defendants named were several companies who manufactured, sold or delivered the asbestos-containing pipes the plaintiff worked with, including Parex USA, Westburne Supply, John K. Bice Co., Los Angeles Rubber, Hajoca Corp., Hanson Permanente Cement, Keenan, Properties, J-M Manufacturing, Certainteed Corp., Ferguson Enterprises, Grinnell Corp., Amcord, Ameron International and Calportland.
In the 1970s and 1980s, the plaintiff was a construction worker helping install underground water and sewer lines beneath the Sacramento Valley city of Chico. His job involved working with pipes made from a concrete-asbestoscompound, which he would cut with a gasoline-powered saw. The cutting generated an enormous amount of cement-asbestos dust, which left the plaintiff covered head to toe by the end of the day. The plaintiff was later diagnosed with pleural mesothelioma, an aggressive form of cancer, also rare except where attributable to asbestos exposure.
The plaintiff filed suit in the Superior Court of Los Angeles County, seeking damages on a defective product liability action. The plaintiff sought recovery of medical expenses, lost wages, and non-economic recovery. The defendants named were several companies who manufactured, sold or delivered the asbestos-containing pipes the plaintiff worked with, including Parex USA, Westburne Supply, John K. Bice Co., Los Angeles Rubber, Hajoca Corp., Hanson Permanente Cement, Keenan, Properties, J-M Manufacturing, Certainteed Corp., Ferguson Enterprises, Grinnell Corp., Amcord, Ameron International and Calportland.
Drywaller Awarded $26.6M in Asbestos Mesothelioma Lawsuit
Asbestos Mesothelioma Lawsuit For $26.6M
San Pedro, Cali: A particular asbestos mesothelioma verdict was achieve in March in the matter of Michael Sutherland, an ex drywaller clinically determined to have mesothelioma, the cancer brought on by asbestos. The L.A. Superior Court that heard the situation returned its judgement awarding $26 million to the victim.
Mike sayd that he performed as a drywaller in north San Diego County all the way back from 1967, while still was attending High School, throughout 1993. Mike worked at numerous residential and business jobsites throughout the construction “boom” which occurred in northern county during the 1970s, at that time the cancer-causing asbestos was found in many construction items including joint substance, fire-rated drywall, stucco, roofing and asbestos concrete pipe.
“With all of the trades taking care of top of each one other looking to finish one work and begin the next, it absolutely was always dusty”.
The Sutherlands’ lawsuit was submitted on June 20, 2012. Over 31 defendants were called in the case. Thesettlements were achieved with numerous defendants just before trial. Stucco company, Highland Stucco plus Lime Products, the sole left over defendant at the trial, argued that various other corporations and even Sutherland himself was responsible for his direct exposure to asbestos. Nevertheless the jury eventually assessed fault on Highland because of its role in disclosing Mr. Sutherland along with other members from the public to the dangerous products.
We were surprised to find out at trial exactly how much asbestos is at stucco,” Mr Sutherland stated, “even although I rarely have worked with all the stuff, I had been exposed to dirt when the plastic bags were dumped within large mixers so when we needed to scrape off parts of over-spray into the houses through windows plus doors.”
Mr Sutherland is grateful to the jury’s award as well as the effort of his genuine team, but might gladly trade all of it for the yield of his wellness. Prior to his particular diagnosis in June 2012, Mike loved his job and realy had no plans for retiring. He additionally continued to engage his life-long love for surfing.
$2.86 Million Settlement Awarded in Asbestos Lawsuit
Within Delaware court offers granted the $2MIL. towards the category of Erina Galliher, exactly who passed away through asbestos mesothelioma. The particular legal action has been submitted towards RT Vanderbilt Within lso are Asbestos Lawsuit Erina Galliher, Number 10C-10-315 (Del. Extremely. Computertomografie., Brand new Fortress Town. ). The particular arrangement could be the biggest asbestos judgement towards just one accused within Delaware within more than a 10 years.
Erina Galliher, associated with Mansfield, Kansas, has been identified as having pleural mesothelioma within Aug the year 2010. This individual passed away several weeks afterwards Feb three or more, last year when justin was sixty two. Whilst operating from Motorised hoist Domestic plumbing Fittings Stock for almost 4 decades, Galliher utilized the talcum powder natural powder polluted along with asbestos materials in order to dirt big conforms associated with basins, bath tubs along with other ceramic fittings. The particular asbestos materials originated from the my own within Gouverneur, NEW YORK, possessed plus managed simply by RT Vanderbilt Business, Incorporation.
Professional accounts throughout the test connected Galliher’s contact with talcum powder dirt that contains asbestos materials. RT Vanderbilt failed to listing the appropriate basic safety caution at the talcum powder natural powder.
Record $190M Awarded in Asbestos Lawsuit
A good asbestos verdict associated with $190 mil continues to be granted inside a lawsuit through 5 men who were subjected to asbestos-tainted companies products throughout their work opportunities as steamfitters, plumbers, plus building employees.
The -panel of recent You are able to Supreme Courtroom jurors discovered the two accused businesses experienced served negligently plus carelessly, after that rendering the verdict really worth an overall total associated with $190 mil, the biggest combined asbestos verdict within New York background. It really is believed that this $60 mil person quantities 2 from the men obtained would be the biggest person amounts granted inside a New York asbestos situation.
Daniel Blouin, a lawyer along with Weitz and Luxenberg, the particular company symbolizing the particular injured parties, said he great group undertaken the situation simply by informing the particular court a tale associated with 5 men just who worked honest work opportunities for many years simply to be paid back along with immense struggling. “We wanted to display the particular court the particular sadness our customers had been and so are going through, ” Blouin said. “And not only in physical form yet mentally. When you are subjected to asbestos plus create mesothelioma, you understand your own destiny. It is a good unbearably heavy problem. ”
Attorneys for the injured parties informed the particular court presently there was not a sum they could provide the men that might be unreasonable. The particular defendants in this case exposed a large number of women and men to some awfully toxic element. Chances are the businesses required the calculated danger within doing this. That will is not the financial debt which can be paid back, the particular lawyers said.
The particular court, coming back the verdict on four p. m. upon July twenty three, discovered each defendants – boiler businesses Cleaver Brooks plus Burnham – at fault within getting did not alert concerning the risks from the asbestos utilized in reference to their products. The particular verdict said each businesses experienced served along with careless overlook for the purpose of human lifetime.
All 5 from the injured parties had been trades-people from your tri-state region.
1 guy, through Toms River, NJ-NEW JERSEY, worked within the 50s plus sixties like a pipefitter within the Brooklyn Navy blue Yard. He was subjected to asbestos every day whilst fitted pipes into the salt-water distilling systems on-board plane carriers such as the USS Constellation plus USS Self-reliance.
Another, through Oyster These types of, NY, worked for almost 3 decades like a plumber, handling dozens of various kinds of items polluted along with asbestos.
A third, associated with Center Village, NY, seemed to be subjected to asbestos working like a plumber within Brooklyn, A queen, plus Rockland Company.
Another guy, through Howard Seaside, NY, was subjected to asbestos at work like a artist plus building employee. He was associated with the particular elimination plus demolition associated with central heating boiler that contains asbestos-laden components.
The final customer, through Kent, CN, furthermore worked with central heating boiler plus boiler components in the course of their work like a steamfitter.
All 5 men created mesothelioma due to asbestos exposure. 3 have passed away associated with problems associated with the condition.
Mesothelioma Lawsuit Settles for $2.1 Million for New Jersey Construction Worker
A 48-year-old New Jersey (NJ) union construction worker, who had his left lung removed after he was diagnosed with occupational mesothelioma cancer, received a $2.1 million settlement from a lawsuit he filed against the manufacturers of the asbestos construction products that eventually led to his death.
The New Jersey law office of Weitz & Luxenberg negotiated the settlement on behalf of the worker’s surviving family – his wife and two children. According to his lawyer: “Almost every construction product used before the 1980s contained asbestos. Back then, manufacturers deliberately omitted health care warnings, and employers rarely provided workers with equipment to protect them against the fatal diseases asbestos causes.”
The construction worker joined his local New Jersey pipefitters’ union as an apprentice in 1978, straight out of high school. Thirty years later he was dead from mesothelioma – the signature asbestos-related disease that claims the lives of hundreds of retired construction workers every year due to the unbridled use of toxic asbestos materials in the U.S. construction industry.
“The only time I started seeing safety masks on the job was about the late 80s,” the construction worker testified during his deposition. “That’s when they started offering me them, by saying, ‘It's dusty, you know. You’re hammering and drilling in the ceilings. It's coming down in your face, put the mask on.’ ”
He died exactly two weeks after the deposition, leaving behind a wife and two sons, aged 8 and 10.
Asbestos is no longer mined in the United States, but it is still imported and used in construction. Websites still sell asbestos-made products to industry contractors. With the enactment of federal regulations to protect workers against occupational asbestos exposure, new construction work is no longer as risky as it used to be.
But renovation work on old buildings still holds certain perils. That’s because large amounts of asbestos materials remain deeply embedded in the infrastructure of most buildings built before 1980. Toxic asbestos exposure occurs when workers disturb these materials inadvertently during renovation and demolition activities.
Most cases of mesothelioma are diagnosed 20 to 40 years after a job-related asbestos exposure. That’s why, despite today’s regulatory protections, researchers at the Centers for Disease Control in Atlanta predict the number of cases of mesothelioma will peak this year in the United States. Currently, some 3,000 cases of mesothelioma are diagnosed in the country every year.
The New Jersey law office of Weitz & Luxenberg negotiated the settlement on behalf of the worker’s surviving family – his wife and two children. According to his lawyer: “Almost every construction product used before the 1980s contained asbestos. Back then, manufacturers deliberately omitted health care warnings, and employers rarely provided workers with equipment to protect them against the fatal diseases asbestos causes.”
The construction worker joined his local New Jersey pipefitters’ union as an apprentice in 1978, straight out of high school. Thirty years later he was dead from mesothelioma – the signature asbestos-related disease that claims the lives of hundreds of retired construction workers every year due to the unbridled use of toxic asbestos materials in the U.S. construction industry.
“The only time I started seeing safety masks on the job was about the late 80s,” the construction worker testified during his deposition. “That’s when they started offering me them, by saying, ‘It's dusty, you know. You’re hammering and drilling in the ceilings. It's coming down in your face, put the mask on.’ ”
He died exactly two weeks after the deposition, leaving behind a wife and two sons, aged 8 and 10.
Asbestos is no longer mined in the United States, but it is still imported and used in construction. Websites still sell asbestos-made products to industry contractors. With the enactment of federal regulations to protect workers against occupational asbestos exposure, new construction work is no longer as risky as it used to be.
But renovation work on old buildings still holds certain perils. That’s because large amounts of asbestos materials remain deeply embedded in the infrastructure of most buildings built before 1980. Toxic asbestos exposure occurs when workers disturb these materials inadvertently during renovation and demolition activities.
Most cases of mesothelioma are diagnosed 20 to 40 years after a job-related asbestos exposure. That’s why, despite today’s regulatory protections, researchers at the Centers for Disease Control in Atlanta predict the number of cases of mesothelioma will peak this year in the United States. Currently, some 3,000 cases of mesothelioma are diagnosed in the country every year.
Court Approves $43 Million Montana Asbestos Settlement
A Montana judge has approved a $43 million settlement for people sickened by exposure to asbestos from a mine, with a large part of that amount to be paid by Warren Buffett’s Berkshire Hathaway, court documents show.
The settlement resolves a lawsuit filed against Montana over asbestos exposure at a W.R. Grace mine. Former miners and their families had accused the state of failing to properly oversee the mine or warn workers of dangers there.
The mine in Libby, Montana, produced vermiculite, used for home insulation, potting soil conditioner and absorbent packing material.
More than 70 percent of the vermiculite used in the country over eight decades came fromLibby — and it was all contaminated by asbestos deposits in the same mine, according to the U.S. Environmental Protection Agency.
Miners originally sued W.R. Grace over their exposure to asbestos, but after the company filed for Chapter 11 bankruptcy in 2001 the workers sued the state for failing to adequately protect them, according to court documents.
About 1,400 people will receive payouts from the settlement approved Sept. 8 by MontanaDistrict Court Judge Jeffrey M. Sherlock, ending a decade-long legal battle.
The deal ends numerous cases and claims against Montana “but expressly reserves their claims against all other responsible parties,” according to the agreement.
Many of the victims of asbestos exposure from the Libby mine are now over 65, and others have since died of asbestos-related diseases such as asbestosis and cancers like mesothelioma, records show.
Because of the decades-long latency associated with asbestos-related diseases, people continue to be diagnosed decades after the mine closed, according to federal health officials.
Montana officials conducted inspections of the mine in the 1950s and later years, but despite knowing the risk to miners from asbestos dust, the state did not adequately warn workers of those dangers, the Montana Supreme Court found in 2004.
To cover the $43 million settlement, the state of Montana is using $26.8 million out of its self-insurance fund.
Montana’s insurers, National Indemnity, Berkshire’s reinsurance unit, and MontanaInsurance Guaranty Association will pay $16.1 million and $100,000 respectively, according to court documents.
Warren Buffet’s Berkshire has been active in taking over asbestos obligations from insurance companies in exchange for huge up-front premiums.
Payments for victims range from $500 to nearly $61,000 each, legal records show.
In a separate order on Sept. 8, Sherlock ordered one-third — or $14.3 million — to be paid out of the $43 million to attorneys for the victims, who worked on contingency.
The W.R. Grace mine in Libby closed in 1990.
In 2008, the company agreed to set up a trust fund to pay victims’ health claims.
Attorneys for the victims and for Montana did not respond to requests for comment.
$1.5M Awarded to Architect with Mesothelioma
1.5$M Mesothelioma Settlements Amounts
May 2013, a excellent architect whose dad was an immigrant to the US coming from Mexico, was clinically diagnosed with asbestos mesothelioma. Immediately after a 4 week trial, a L.A Jury delivered a judgment on July 1 in favor of the architect, presenting him a verdict against Elementis Chemicals, Inc. and Union Carbide Corporation.
Mr. Marteney’s asbestos illness stemmed coming from his direct exposure to workers that used asbestos-containing manufacturing products and automotive components. Union Carbide has been a provider of asbestos fiber in addition to Elementis appeared to be the supplier of Union Carbide’s asbestos all over the West Coast.
Mr. Marteney’s asbestos exposure to it goes way back to his childhood, as soon as his father took the man out of the school and made him operate in his dad’s car shop, in which he handled these kinds of toxic components without any know-how of their danger.
Without having an education and also no knowledge of the man his asbestos exposure, Mr. Marteney enrolled in the military, started a household, and later turned out to be an beginner architect.
At some point Mr. Marteney came back to school and then built a career as a well-liked architect, planning homes for the rich people in Beverly Hills. Unconsciously, all this hard work subjected him to products that contain asbestos products that would definitely later trigger the cancer which would destroy his well-deserved pension. Mr. Marteney is now undergoing therapy for his mesothelioma. He now lives in San Marino, together with his wife.
Mesothelioma Settlement Amounts
It is important to briefly mention that mesothelioma is a statistically rare form of cancer caused by persistent exposure to asbestos. They are cataloged as a fiber used in automotive repairs, shipbuilding and the construction industry. As you may already know, Mesothelioma settlements are, statistically speaking the result most often found when you present a claim of that type. The amounts vary in accord to many factors and I will mention the most important ones next:
- Lost wages.
- Financial costs of medical expenses.
- Mental and physical distress.
- Accumulated bills of different types.
- The claimant’s case strength.
The aforementioned facts are based on statistical research about Mesothelioma Settlements, which are usually private but sometimes this data is shown to the public eye by socially responsible media and transparency advocates. The financial results of thesesettlements range from a few thousand dollars to many millions of dollars since each case is considered as unique.
The victims often develop the disease many decades after their exposure which is why many Mesothelioma settlements are not reached due to premature death and the lack of knowledge of those affected by this particular form of cancer. Many companies neglect the health of their workers in spite of asbestos regulation since the 1970’s which is why they must pay, as stipulated by law, the financial compensation the affected individuals need to deal with the suffering and pain provoked by this premature form of cancer.
Due to this information and facts a new question arises: who is liable for the damaging effects of careless health measures when it comes to handling asbestos? There are many possibilities and I’ll present a list including the most common scenarios:
- Insurance companies.
- Asbestos manufacturers.
- Asbestos companies with installation functions.
- Asbestos victim’s trust funds assuming liability for a particular company’s wrongdoings.
As you can see, there are many elements involved in Mesothelioma Settlements and a careful analysis of a particular situation is the best way to assure justice prevails.
It's virtually impossible to predict how much money will be involved in the settlement of amesothelioma claim without knowing specific details of the claim and the medical history of the plaintiff. But history has shown that an overwhelming majority of the cases never reach the courtroom. Cases usually end in a settlement.
Settlement amounts are often tied to the cost of medical expenses, lost wages, physical and mental distress and bills that accumulate from moving forward with an asbestos-related illness. Of course, they're also linked to the strength of a plaintiff's case, which brings into play the disease diagnosis, the health condition of the plaintiff (or loved one) and the degree of perceived liability on the part of the defendant(s).
For example:
A Buchanan County (Missouri) Circuit Court Judge approved a settlement in 2011 worth $10 million to Nancy Lopez, a Jackson County courthouse employee, who was exposed to the asbestos during a renovation project done by U.S. Engineering Company.
A Montana judge in 2011 approved a $43 million settlement in Libby, Montana. But because the settlement covered more than 1,300 miners and their families, individualsettlements ranged from only $500 to $61,000.
The family of a New Jersey construction worker received a $2.1 million settlement after he died of mesothelioma, but a Navy veteran received settlements totally $461,000 after he developed asbestos-related lung cancer.
A boilermaker in New York received a $3.7 million settlement after developing lung cancer from asbestos exposure, while a building maintenance worker received a $2 millionsettlement after developing mesothelioma.
Exact settlement figures are usually considered private and claimants are often bound by a confidentially agreement, although from time to time settlement amounts to reach the public eye. Those amounts can range from a few thousand dollars to millions of dollars.
According to a recent Mealey's Litigation Report, the average mesothelioma trial award is an estimated $2.4 million. The average mesothelioma settlement is between $1 million and $1.4 million and typically is paid from multiple defendants. Some are considerably higher, others significantly lower. No two cases are alike.
Here are 10 other publicized settlements in mesothelioma cases:
A Pearl Harbor shipyard worker who developed mesothelioma from asbestos exposure received a $9.8 million settlement.
A construction worker who died in his 40's from asbestos exposure received a $9.1 millionsettlement.
A Navy veteran who developed mesothelioma received a $5.8 million settlement.
A 72-year-old Navy veteran received a $4 million settlement after being diagnosed withmesothelioma.
A retired New York boilermaker received a $3,797,083 settlement after forming lung cancer from asbestos exposure.
A building maintenance worker received a $2 million settlement after developingmesothelioma.
A Navy submarine worker who developed mesothelioma received a $1.7 millionsettlement.
The widow of a Navy veteran who developed mesothelioma received a $1.3 millionsettlement.
A New Jersey construction worker received a $2.1 million settlement after dying ofmesothelioma.
A Navy veteran received settlements totaling $461,000 after developing asbestos-related lung cancer.
How to Hire a Mesothelioma Lawyer
How to Hire a Mesothelioma or Asbestos Lawyer
Find a mesothelioma lawyer who can help you win money damages to compensate you for your exposure to asbestos.
Mesothelioma is a disease caused by exposure to asbestos. Mesothelioma victims almost always win money damages if they sue, but the cases can be complicated and a mesothelioma lawyer is usually needed to identify the parties who are liable for the asbestos exposure (asbestos manufacturers, insurance companies, or asbestos victims' trust funds) and begin the lawsuit or settlement process. Because mesothelioma cases are a specialized legal niche it's important to understand how mesothelioma lawyers operate and how to hire a good one. Read on to learn more. (For general information about hiring an attorney, check out Nolo's article Finding a Personal Injury Lawyer)
The Legal Background
People who find out that they are suffering from mesothelioma (often as a result of working with asbestos) usually have an excellent chance of recovering substantial money damages -- either from the company that manufactured or installed the asbestos, or from an asbestos victims' trust fund. But these cases can get complex, especially from a medical standpoint, since mesothelioma often shows up 10 to 40 years after exposure to asbestos. Having an experienced attorney on your side -- especially one with a record of success in mesothelioma cases -- can make all the difference. (To learn more about mesothelioma cases, read Nolo's article Asbestos and Mesothelioma Lawsuits: What to Expect.)
Finding the right mesothelioma lawyer can be key to your case, but it can also take time and effort. If you are not feeling well, make sure you get help from a consumer savvy relative or friend. As discussed below, you'll get the best results if you do careful research as to a lawyer's qualifications and track record and then interview several. You also may need to bargain as to the amount of the contingency fee and other costs.
Ways to Find the Right Mesothelioma Lawyer
Ask former colleagues. If you have been diagnosed with mesothelioma, chances are good that people who you worked with at the time of your exposure also suffer from it and may have already hired a lawyer and filed a lawsuit. If they have achieved a good result through a lawyer they like and respect, this is one good place to start.
Check Nolo's online Lawyer Directory. Some attorneys featured in Nolo's lawyer directory handle mesothelioma cases (full disclosure: lawyers pay a fee to list with Nolo). These attorneys have filled out a detailed profile containing valuable information about their schooling, professional background, legal specialties, and personal attitudes. While there are also a number of other legal directories, we believe Nolo's provides the most consumer friendly information. Go to the Mesothelioma - Asbestos section of Nolo's Lawyer Directory to find a mesothelioma attorney in your area.
Investigate lawyers online. Because mesothelioma cases can be so profitable, many law firms spend big dollars on Internet ads and websites. Just Google mesothelioma lawyer and you'll find a long list. Click on a few ads or websites and you'll see that everyone claims to be the best of the best. How do you cut through all this hype to focus on a short list of hopefully excellent mesothelioma lawyers? We recommend that you carefully read the legal information each lawyer provides. In our experience lawyers who provide well-written, in-depth information demonstrate a superior sensitivity to client needs. By the same token, we distrust lawyers who say little more than "I can get you millions pronto -- trust me."
How to Choose the Right Mesothelioma Lawyer
Check a lawyer's references. A good mesothelioma lawyer should be able to provide you with the name and contact information of a few satisfied clients. Of course, the lawyer will have to get the permission of the client, but this can usually be arranged. Although you'll only be given the names of very satisfied clients, it can still be very helpful to talk to someone who has worked with the lawyer you are considering in a mesothelioma case.
Interview the lawyers. Once you develop a short list of mesothelioma lawyers, contact their offices (again, get help if you are very ill). Request a case evaluation and, if possible, arrange a personal interview. Ask who exactly will manage your case (often a case manager, who is a non-lawyer in larger firms). Find out who you can call or email if you have questions, and how long it will take to get back to you. Anticipating these questions, many law firms will give you a written overview of what to expect. Especially if it's detailed and guarantees that all calls and emails will be returned in 24 hours, this is a good sign.
Negotiate fees with the lawyer. Mesothelioma lawyers charge a contingency fee for their legal representation, plus additional costs to prepare your case. One good approach is to contact several lawyers, making it clear that you'll take your time before signing a fee agreement. Your goal is to find a good quality lawyer who will represent you for 25% to 30% of your recovery, instead of 33% to 40%. But keep in mind that mesothelioma cases can be very complex. If you find an attorney who comes well-recommended and has a lot of experience (and a record of success) representing mesothelioma clients, a few percentage points on a contingency fee probably shouldn't dictate whether or not you hire that attorney.
Find out how are costs handled. A good attorney will deduct costs (things like filing fees and expert witnesses' compensation) off the top of any settlement or award, before the money is divided and the attorney takes their agreed-upon percentage. That way you and the attorney share payment of the costs. And a good attorney will give you receipts showing that all costs incurred were specific to your case -- meaning you're not being saddled with part of the bill for the firm's general operating expenses.
Mesothelioma Lawsuit Process
If you decide to file a lawsuit, your attorney will assist you through the process. While everyone's case is different, there are a number of steps that apply to nearly everyone who files an asbestos-related lawsuit with a mesothelioma attorney. For the most part, mesothelioma lawsuits follow these steps:
A mesothelioma attorney will help you consider your legal options. Your attorney will also gather information about your asbestos exposure and illness to determine who is responsible for your condition and which court to file your lawsuit. You may be eligible to file your lawsuit in more than one court. An asbestos and mesothelioma attorney will be able to use the information gathered earlier in the preparation stage to help you choose the most favorable court for your asbestos lawsuit. For more information Please visit the Case Process page for more information about the case preparation stage.
A mesothelioma attorney will help you consider your legal options. Your attorney will also gather information about your asbestos exposure and illness to determine who is responsible for your condition and which court to file your lawsuit. You may be eligible to file your lawsuit in more than one court. An asbestos and mesothelioma attorney will be able to use the information gathered earlier in the preparation stage to help you choose the most favorable court for your asbestos lawsuit. For more information Please visit the Case Process page for more information about the case preparation stage.
You must file a formal, written complaint with a court to begin your lawsuit. Your attorney will prepare and file this document. In order for your case to move forward, your complaint must follow different court rules on how the document is written and the details it provides about your claim. An experienced asbestos and mesothelioma attorney will be familiar with these rules and the issues that often arise in asbestos lawsuits. Your attorney will use this knowledge to help present your claims to the court.
Each defendant in your lawsuit will also receive a copy of your complaint and have the chance to respond. Remember that many years have likely passed since your asbestos exposure and the company responsible may have been sold or gone bankrupt. It may take some time to locate and provide the appropriate people with your complaint. Your attorney will oversee this process.
Once served with a copy of your complaint, each defendant will have a certain amount of time, usually around 30 days, to respond. Defendants rarely respond by admitting fault. Most likely, they will deny your claims and defend themselves. They may argue that your complaint is not valid or that someone or something else is responsible for your asbestos exposure. They may even claim that your condition is not related to asbestos exposure. Your attorney will reply to each defendant’s responses.
During this stage, lawyers for both sides of the lawsuit will gather information about your claims. Both sides will ask the other side to answer written questions, produce documents, and participate in depositions. Some of the information gathered will become the evidence used at trial. Discovery may take several months, but if you are very ill your attorney can ask the court to speed the process along before your condition worsens.
The defendant’s lawyers will look for evidence that something or someone else caused your illness. As a result, they will demand very personal information about you like your medical history and records, work history, and information about your personal habits. They will also seek information from your loved ones, doctors and co-workers.
You will also need to participate in a videotaped deposition. During the deposition, you will take a sworn oath before answering questions from the defendant’s lawyer. This process may take a few hours or several days, but can be performed from the comfort of your own home.
Your attorney will prepare your responses to any written questions and document requests. Your lawyer will also go over likely deposition questions with you in advance and be present to assist you during the deposition. In addition to helping you respond to discovery requests, your lawyer will also make similar demands to the defendant for information supporting your claim that the defendant negligently exposed you to asbestos.
Before the trial starts, the defendant's lawyers may offer to resolve the case for a set amount of money. If no settlement is reached before trial, the defendant may make a better settlement offer during trial. Your mesothelioma attorney will negotiate for you.
The trial process varies depending on where you file a claim. In many cases, it is not necessary for you to appear in court. If you win and the defendant does not appeal, you will usually start receiving payments a few months after the trial. Please visit the Verdicts page for more information about possible trial outcomes.
If you win after the trial, the defendant may decide to file an appeal. There is a limited amount of time, usually between 30 and 180 days, to file an appeal. This will delay any monetary award, but the defendant will need to post "bond" for the amount awarded while the appeal proceeds. If the defendant loses its appeal, you will start receiving payments. If the appeal is successful, the defendant may end up paying a smaller amount or nothing at all.
An appeals court generally accepts any facts that the trial judge and jury found to be true. Usually the only thing an appeals court decides is whether the trial court correctly applied the law to the case. If a mistake was made that affected the result of the trial, the appeals court may order a new trial. Sometimes the appeals court can just correct the mistake without a new trial, such as when the amount of the award was calculated incorrectly. If your case is appealed, your attorney will be available to explain the process to you.
Mesothelioma Lawsuit
If you think you have a legal claim for illness caused by asbestos exposure, here's what you need to know.
If you or a person you know have an asbestos-induced disease, consider contacting a qualified mesothelioma lawyer immediately. These types of cases are time sensitive and only a lawyer trained in asbestos litigation should help you decide if and when to pursue a lawsuit against a company who may be responsible for exposing you to asbestos. Each state limits the time you have to file a lawsuit after you are diagnosed with mesothelioma cancer. A mesothelioma lawyer can help you file your claim before the statute of limitations expires. In a mesothelioma lawsuit, the attorney will deal with actual filing of the case and then all aspects of it after that. You should expect a routine that consists of the response to the lawsuit; discovery, depositions, settlement discussions, a possible trial, a verdict and a possible appeal. Most asbestos lawsuits never go to trial because they are settled out of court before a trail can take place.
If you've been exposed to asbestos and been diagnosed with mesothelioma, you may ask, "If I file a lawsuit can I expect to recover significant money damages?" The answer is usually "yes." People who discover they are suffering from mesothelioma due to working with asbestos (or, if they are deceased, their spouse) have an excellent chance of achieving substantial money damages, either from the company that manufactured or installed the asbestos, or from an insurance company or asbestos victims' trust fund that has assumed liability for the company. And this is true even if the original manufacturer has long since sold out, closed down, or even gone bankrupt, thanks to the formation of asbestos victims' trust funds.
How Long Do I Have to Sue?
Mesothelioma tends to develop 10 to 40 years after exposure to asbestos. State laws called statutes of limitations usually give people one to five years (depending on the state) from the diagnosis or discovery of mesothelioma to file a lawsuit. But it's important to act promptly, because in a few states, including California, Tennessee, and Louisiana, the statue of limitations is only one year from diagnosis.
If a mesothelioma victim has already died, his or her spouse and other heirs typically have one to three years from the date of death to file a wrongful death action, which can also result in the recovery of substantial money damages.
Mesothelioma victims can't file or join in class actions lawsuits because each person's medical history and prognosis is different, so mesothelioma cases must be filed individually.
How Long Does an Asbestos or Mesothelioma Case Take?
Most asbestos cases are settled before they ever get to a jury (meaning the parties agree outside of court to the amount of money damages the mesothelioma victim will get). If you have gathered all the facts about your medical condition and employment history, and your lawyer runs an efficient office, and there is an easily identifiable payment source -- such as an insurance company or an asbestos victims' trust fund -- you may get your money in less than a year from the date your lawsuit is filed. But in other situations, where the amount of money damages depends on going to trial (or at least threatening to do so), it can take two years or more. Fortunately, the court rules in many states recognize that mesothelioma victims have a short life expectancy and as a result, fast track their lawsuits.
You should know, too, that you may be able to file your lawsuit in more than one state. Your attorney will evaluate your case and help you pick the state that may be most favorable for you.
How Do I Pay My Lawyer?
All mesothelioma cases are handled on a contingency fee arrangement. This means your lawyer charges you no fees up front, but instead receives a percentage of the eventual settlement or money damages you receive as the result of a court judgment, plus any expenses (for things like depositions, copying, and postage) that you agree to pay as part of a written fee agreement. A typical contingency fee is 25% to 40% of money damages you recover. The exact amount depends on several factors, including whether a victims' trust fund places a cap on contingency fees (some allow no more than 25%), whether you settle out of court or go to trial, how much the lawyer wants your case (if the attorney believes your case is certain to win a big settlement or court judgment, you are in a much better bargaining position than if you are likely to receive a lower amount), and how hard you bargain before signing a fee agreement.
Paying For A Mesothelioma Lawsuit
Your attorney will handle each of these steps and explain the process as it goes along. Keep in mind that most mesothelioma lawyers work on a contingency fee basis. This means your attorney only gets paid if you win your lawsuit. When a case is won, a percentage of the settlement will be paid to your lawyer. If a case is not won, you pay no attorney fees.
If you are in poor health, as is often the case in asbestos-related medical situations, the entire legal process can be expedited. If there is no urgency, the process could take several months or longer. In either case, the defendant probably will try to drag out the process. Your attorney will work to resolve your case as quickly as possible. Your mesothelioma attorney will handle each step so you can focus on your health and spend time with your loved ones.
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