What Are My Legal Rights When Diagnosed With Mesothelioma?

 

 

Building owners, managers, and contractors are usually held accountable if asbestos-containing materials (ACMs) aren’t properly removed from a job site before allowing their employees or residents to frequent the area. It’s also their responsibility to fully inform them of all health risks they can encounter on the job.

Manufacturers of asbestos products can also be liable for damages because asbestos-related cancers can be prevented when the mineral is handled correctly. In most places, a company must inform state authorities and get approval before performing construction, demolition, or renovation projects in an asbestos structure. In the article, we will address common questions to ask yourself or a mesothelioma attorney about the legal process when it comes to your disease.

Should You Hire an Asbestos Attorney for Legal Help?

Despite being banned, asbestos is still found in many capacities, even today. If you’re diagnosed with a type of mesothelioma due to prolonged exposure to asbestos on the job, a legal attorney is a good next step to take. Your lawyer will be able to gather all pertinent information on your behalf and ensure documents are filled out correctly and sent to the right place.

The latency period (time to develop) for mesothelioma can take several decades after exposure for tumors to appear. This makes pinpointing exposure difficult, as it could‘ve happened in several jobs and locations. Your lawyer will be able to better navigate this investigation and narrow it down more efficiently. They’ll also conduct all interviews and meetings with employers, coworkers, doctors, and other individuals to help build an even stronger legal case on your behalf.

If you’re wondering whether to hire a mesothelioma attorney or not, it’s important to understand why you should. An attorney will fight to make sure you receive the highest financial legal compensation available, as they’ll know the intricacies and nuances of these types of litigations. Treatment costs can get expensive, not to mention you’ll likely need to take time off work due to illness, and monetary compensation can go a long way to offset these expenses. Have a lawyer do all the heavy lifting for you so that while you’re sick, you can just focus on treatment.

What Are My Legal Rights?

Occupational asbestos exposure is usually the result of corporate negligence. Some companies have known since the early 1900s about the toxic risks of the mineral yet still utilize it in their products because of its cost-effectiveness. Employees who develop mesothelioma or other illnesses because of this type of exposure are usually entitled to financial compensation for their injuries.

The EPA and other government entities like the World Health Organization and the US Department of Labor have put together multiple sets of asbestos regulations to ensure the safety of the public from negligent exposure to harmful substances. The EPA even went as far as banning the most common form, chrysotile white asbestos in March 2024.

The National Emissions Standards for Hazardous Air Pollutants (NESHAP) puts together a mandatory set of rules for organizations to follow when encountering asbestos hazards. It largely highlights the mandate of adequate asbestos removal from all structures before any projects can commence. Each state also has its own set of laws from Illinois to New York, regarding the proper handling of the mineral and other toxic substances.

How Legal Compensation Can Help

Besides covering the hefty costs of primary treatments and sick leave from work, compensation won from litigation can help enforce the proper handling of asbestos within the negligent company so future workers don’t get exposed.

Other things that legal compensation can help mesothelioma patients with include:

• Caregiver and/ or hospice services
• Clinical trials
• Complementary treatments
• Family support
• Household necessities
• Medications

The type and amount of compensation received from a legal mesothelioma case will vary with each patient and situation. Different mesothelioma attorneys may also have specialized information on the nuances of getting more money in a case. This is why it’s pertinent to find an attorney with ample experience in asbestos litigation.

What to Look for in a Good Mesothelioma Lawyer

Not all asbestos-exposure attorneys are good; knowing what traits to look for when beginning your search and what to ask them when you call can be helpful. Choosing the wrong lawyer at first can cost you months of precious time. A good attorney will excel in:

• Great Communication Skills

There’s a statute of limitations (time limit) on how long the patient has to file a claim after a positive mesothelioma diagnosis. To handle this properly, a lawyer must have good communication skills to navigate your case efficiently. Good communication is also a matter of respect. If an attorney takes weeks to respond, then your time is being wasted.

Do a little research on any attorney you find. Besides a relevant history in asbestos and mesothelioma litigation, you should also search for online reviews and any negative charges or complaints that may have been made in the past.

• Free Case Evaluation Options

Getting legal help on a case evaluation shouldn’t cost you money when you can find an experienced attorney who can do it for free. If a mesothelioma law firm is charging you for an evaluation, move on.

• Clear Price Structure

This falls under transparency and respect and is one of the most important qualities of a good lawyer. A good lawyer is fair, upfront, and honest with you about the fees and pricing, so you don’t get any unexpected charges later on. Ask if your attorney charges by the hour or if it’s a flat fee. So, how much does a lawyer cost? Usually, for mesothelioma, you can find a lawyer who won’t charge you any money unless you win the case.

• Knowledgeable about Mesothelioma and Litigation

When a lawyer has enough experience, they’ll have a lot of specialized knowledge to go with it. It’s also vital for your mesothelioma attorney to understand all the differences in laws in each state and the varying statutes of limitations.

Types of Legal Help Claims and Lawsuits Handled By Mesothelioma Lawyers

If you were diagnosed with cancer from occupational asbestos exposure, you can pursue legal help in multiple ways. The process begins with you or a family member filing a legal help claim either with the assistance of a mesothelioma attorney or alone. Compensation can be obtained by following multiple legal help paths.

Personal Injury Cause By Asbestos

A common legal help option for mesothelioma patients is a personal injury claim for people currently living with the disease and suffering. Compensation from a personal injury claim can cover the costs of treatments, therapies, lost wages, and any other pain attributed to the patient’s condition. As the name ‘personal injury’ implies, this claim encompasses any bodily, mental, and emotional injuries.

Wrongful Death Due to Mesothelioma

In contrast to personal injury lawsuits, the patient’s family files a wrongful death case after the death of a loved one. The entire mesothelioma timeline isn’t easy for family members either. Many support groups, grief help, and helpful resources are available to anyone who’s lost a loved one to the disease. Money attained from wrongful death litigation can cover past medical bills, loss of income or income support, and potentially funeral costs.

Asbestos Trust Funds for Mesothelioma Patients

After many companies got sued for asbestos-related injuries, a law was passed to help the companies who had to file for bankruptcy when paying out injury settlements in court. When a company has enough asbestos claims against them, they have to file for bankruptcy; they could elect to receive bankruptcy protection that can supply asbestos trust funds to pay out future lawsuits.

Mesothelioma and Asbestos Cancer Settlements

A settlement is the potential endpoint of most litigation. If a person is filing a personal injury claim on an organization that doesn’t have an asbestos trust fund in place, that company may make a settlement to pay them off. A settlement is a legally binding agreement between the person filing and the defendant that gives the person legal compensation in exchange for dropping legal charges against the company and not taking the case to court.

Veterans Benefits for Affected Members

Approximately 30 percent of yearly mesothelioma cases are from military veterans. The U.S. military was one of the largest proprietors of asbestos all the way until the early 90s. They largely used the mineral to develop military barracks, uniforms, equipment, tools, tanks, ships, and more.

Generally, veterans’ benefits can be applied to compensate a veteran who was diagnosed with mesothelioma, but if they don’t, the veteran may have to file a personal injury claim instead. Only certain diseases and circumstances will qualify for veterans’ benefits according to the VA.

Workers’ Compensation Due to Exposure

One of the largest social insurance programs in the United States, workers’ compensation originated in 1911 and provides monetary remittance to federal workers who were disabled from an injury attained at work. Litigation is made through the employer and cannot be covered with an asbestos trust.

Workers’ compensation payments can be limited, and employers can sometimes be cleared of any liability. It’s sometimes more helpful to file a separate lawsuit instead of combining workers’ compensation with asbestos litigation.

Past Legal Compensation Asbestos Verdicts

Legal battles over asbestos exposure have led to significant financial compensation for victims of mesothelioma and other related diseases. These verdicts not only provide much-needed financial relief to the affected individuals and their families but also serve as critical precedents that underscore corporate accountability. Here are some notable examples of successful asbestos litigation cases that have granted patients the compensation they deserve for their pain and suffering:

Honeywell International Inc.

Honeywell International Inc. faced a significant lawsuit from an Arkansas brake shop employee who claimed years of asbestos exposure from handling brake-shoe linings. A Little Rock jury awarded the employee $18.5 million. This case is part of a larger pattern of asbestos-related litigation against Honeywell.

The company’s asbestos liabilities date back to its acquisition of Allied Signal, which included the asbestos-related responsibilities of Bendix, a major manufacturer of contaminated brake-shoe linings. In addition to individual lawsuits, Honeywell is currently dealing with a class-action lawsuit from investors who allege that the corporation misrepresented its asbestos liabilities, which amount to over $616 million. This case exemplifies the far-reaching legal and financial consequences of asbestos exposure for large corporations.

Metalclad Insulation Corp.

Metalclad Insulation Corp., known for developing and producing specialty insulation, faced a significant legal challenge from a retired U.S. Navy veteran. The veteran alleged that he was exposed to asbestos during his service, which led to his illness. After a thorough legal battle, the court awarded the veteran and his wife $2.5 million in compensation. This case highlights the severe health risks posed by asbestos exposure in the military and the legal options available for affected veterans and their families.

Paddock Enterprises LLC.

Paddock Enterprises LLC, an affiliate of Owens-Illinois Group Inc.—one of the world’s largest glass container manufacturers—filed for bankruptcy in January 2020. This move was driven by overwhelming debt from thousands of asbestos injury claims. The company, formerly known as Owens-Illinois, has faced extensive litigation over asbestos exposure, spending over $5 billion to address more than 400,000 claims.

These claims were primarily from individuals who suffered harm from asbestos-contaminated pipe coverings and block insulation products sold between 1948 and 1958. This case highlights the enduring impact of asbestos exposure and the significant financial and legal repercussions for companies involved in its production and use.

Get Legal Help and a Case Evaluation

Have you been diagnosed with an illness due to prolonged exposure to asbestos or other hazardous air pollutants? Our experienced asbestos litigation attorneys offer free case evaluations to help you understand your legal options. They will assess your unique situation and recommend the best steps for moving forward with legal help and representation. Don’t navigate this challenging journey alone—reach out today for expert guidance and support.