Mesothelioma Lawsuits
Mesothelioma lawsuits are classified into two groups: wrongful death and personal injury. A wrongful death suit occurs when the survivors initiate the mesothelioma lawsuit on the behalf of a deceased victim of malignant mesothelioma. Persons who may bring a wrongful death mesothelioma lawsuit include the spouse, relatives, and/or executor of the estate of the departed individual. In a personal injury mesothelioma lawsuit, the individual diagnosed with malignant mesothelioma is living and initiating the lawsuit on their own behalf.
While asbestos is very useful material it is also a hazardous carcinogen that was used heavily up until 1970 for its many commercial applications. The Clear Air Act regulated Asbestos as one of the first airborne contaminants. By choosing to place business ahead of the health of it workers and public health in general, asbestos product manufacturers can be, and are being held negligent and liable for any asbestos-related health problems caused as a result of their actions.
Wrongful Death Mesothelioma Lawsuit
In most cases, people who have contracted malignant mesothelioma die from this disease. The typical life expectancy of a malignant mesothelioma sufferer can be between four to twenty-four months. A wrongful death lawsuit is filed when there is a fatality that occurs due to the negligence on the part of another person or entity.
In the case of mesothelioma lawsuits, the majority of victims were expose to asbestos at their place of employment. Examples of negligence by companies include:
- Not providing an environmentally safe job site from the hazards of asbestos
- Not posting information on the hazards of asbestos exposure
- Concealing information on the hazards of asbestos
The amount of work necessary to prove wrongful death from asbestos exposure is extensive due to the need to connect the work history of the deceased to the development of malignant mesothelioma. In most cases, the victim may have had a profession, such as a pipe fitter, boilermaker, or insulation installer, that provided a direct contact with asbestos due to the actions of an employer. Testimony from individuals who remember working with the departed, who can supply information necessary to the mesothelioma lawsuit, some of which include work history and product exposure of the claimant, is needed to establish a direct link betweent the exposure and the illness.
In other cases victims can be exposed to quantities of asbestos but not have an asbestos-related profession. Family members of asbestos workers and dry cleaner workers are typical of this catagory. For this wrongful death lawsuit, the link between the asbestos exposure and negligent company can be difficult to prove.
Personal Injury Mesothelioma Lawsuit
Personal injury mesothelioma lawsuits come under a type of law covering any injury done to a person by another person, company, and entity. The injury can be physical or emotional. This lawsuit can be less complicated to establish because the asbestos victim is stil living. The plaintiff in the personal injury mesothelioma lawsuit will provide evidence to their mesothelioma lawyer to support the claims made in the lawsuit, including testimony regarding asbestos exposure. The evidence consists of the same items as wrongful death mesothelioma lawsuits including work history and product exposure.
Lawsuit Compensation
The compensation for wrongful death and personal injury mesothelioma lawsuit will cover the loss of a lifetime of the claimant earnings. Settlements typically also compensate for health care bills, medication expense and funeral arrangements.
Depending on the level of negligence, punitive damage can be awarded for the defendant's actions. In cases of no fatality, lawsuits compensate victims for the asbestos-related disease causing the loss in quality of life or the loss of ability to maintain a profession.
Criminal Law Suits
The International Ban Asbestos Secretarial (IBAS) reports that for decades asbestos companies have literally gotten away with murder. In recent years, courts in Europe and North America have indicated that the time is coming when officers of asbestos companies could go to prison for complicity in the asbestos scandal. In Italy and France, criminal convictions have been handed down which included jail sentences for senior employees of the Eternit Asbestos Group, the Alstom Power Boiler Company and the Trigano Company. Court cases pending in Italy and the United States may result in prison time for senior company officials.
You can see the full article published on the IBAS site called Jailing Asbestos Executives by Laurie Kazan-Allen where she discusses court cases against executives found to have commited "intentional homicide" due to their actions and inactions involving asbestos and their workers.
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.
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