The US court systems have seen a steady rise in the number of cases brought before them for mesothelioma litigation. Since 1994, this area of law has doubled the amount of civil lawsuits on the court docket. Claims have also increased each year for mesothelioma litigation.
Mesothelioma litigation falls under the category of asbestos litigation. Malignant mesothelioma is a rare cancer whose only known cause is asbestos exposure. Asbestos litigation involves all the different kind of injuries incurred as a result of asbestos exposure.
Asbestos was one of the first airborne contaminants to be regulated as part of the Clean Air Act in 1970. Product manufacturers knew the health hazards associated with asbestos exposure long before the harmful mineral was regulated. Asbestos product manufacturers around the world refused to protect their consumers or employees, despite further evidence of asbestos hazards presented over the years. It has made such companies liable for any asbestos-related health problems caused as a result of their actions.
Asbestos Litigation
There has been a large increase in asbestos litigation in the last 30 years, allowing lawyers and firms to specialize exclusively in asbestos-related cases. Asbestos litigation is premised upon the liability of manufacturers of asbestos and asbestos products, for the harm caused by exposure to these products. It was once thought that asbestos litigation had peaked, but because thirty or more years can pass before the asbestos-related diseases manifest a large number of new cases are filed each year.
Asbestos litigation falls into a category of tort law (civil law) because it provides a remedy to parties injured as a result of asbestos exposure. The law firm or attorney associated with this type of litigation must have an expert understanding of asbestos and asbestos-related diseases. Due to the long latency period between asbestos exposure and contraction of asbestos-related diseases, claimants are often unsure of when, where, and how they came in contact with this dangerous fibrous mineral. Asbestos lawyers are responsible for pinpointing the source of the exposure and brining all liable parties account.
To see the original legal documents, the so-called smoking gun documents, that show the asbestos industry's attempt to hide the danger of asbestos exposure and to not protect their workers, see the Paul & Hanley LLP website.
Mesothelioma Lawsuits
Mesothelioma lawsuits are part of asbestos litigation that began shortly after asbestos was regulated in 1970. These lawsuits provided a way for sufferers of malignant mesothelioma to receive compensation from the parties responsible for their asbestos illness.
The attorney handling a mesothelioma lawsuit case is a specialized asbestos lawyer whose focus is mesothelioma litigation. They must show a link between asbestos exposure and an injury suffered by the victim. Mesothelioma lawyers help determine all parties liable for contracting malignant mesothelioma in addition to locating the source of asbestos exposure. This is a difficult task considering the fact that malignant mesothelioma is a disease that can take anywhere from 30 to 50 years to develop and become symptomatic. While asbestos has been banned in the US for some time, many cases are still showing up because of this long lead time.
Lawsuit Compensation
A number of factors determine the amount of mesothelioma compensation, some of which include medical expenses incurred, pain and suffering, lost wages, state law, and the parties responsible for putting the workers at risk. Studies concluded the eventual cost of litigation would exceed 200 billion dollars in the United States. Settlements out of court are often made to avoid the possibility of high mesothelioma compensation rulings and these settlements often run into the millions of dollars.
Many in the legal industry believe that a global settlement model is needed to ensure future mesothelioma claimants are able to receive compensation for their suffering. Congress is considering the Fairness in Asbestos Injury Resolution Act (FAIR), legislation prompting the establishment of a 140 billion dollars mesothelioma compensation trust through which victims receive resolution for their pain and suffering. The FAIR act has evolved from previous attempts at setting up a trust fund, all of which failed due to the inability of defendant corporations, insurance companies, and claimant attorneys to reach an acceptable compensation structure.
Legal Questions
If you or a loved one has been diagnosed with non-Hodgkin’s Lymphoma (NHL) and think it may be caused by toxic exposure to organic solvents like benzene, and you have legal questions or require legal assistance, contact Paul & Hanley LLP.
Our firm has an outstanding track record of success in cases across the country, and our lawyers are known for their honesty, integrity and compassion. We've built our reputation on toxic tort litigation representing individuals diagnosed with NHL, mesothelioma and other serious diseases with dignity and respect.
We handle a select number of cases at a time and represent workers and families with the extra special attention required for the best possible outcome in each case. We understand your case is unique, so we take the time to get to know you and your family. Contact us today for a free and confidential consultation. We'll discuss your specific case and give you honest answers to your important questions. Our toll free telephone number is 800 933-2244. We look forward to helping you.