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Mesothelioma -
Suing For Compensation
Most
Mesothilioma
lawsuits have been filed by
people who have worked in the
past in
environments where they have
been exposed to asbestos, and
who have subsequently developed an
asbestos-related illness such as
asbestosis or mesothelioma. The
purpose of Mesothelioma lawsuits is
to recover financial damages
from the employer responsible
for maintaining the safety of
the workplace, or from some
other company that was negligent
in manufacturing or in
recommending a hazardous
material. Financial damages
usually include the cost of
medical bills, other costs
associated with the disease,
lost wages, and sometimes
compensation for loss in quality
of living or potential for
future earnings.
Mesothelioma
cases usually receive the
highest settlement amounts.
These are typically settled out of
court for about $3 million each.
The History of
Mesothelioma Lawsuits
The first
asbestos products lawsuit took
place in Texas in 1966 when
Johns-Manville, Fibreboard and
Owens-Corning Fiberglas were
sued on behalf of Claude
Tomplait, who was an asbestos worker. Tomplait lost this case, but it
was quickly followed up by
another one in 1969 which was
won and upheld in appeals in
1973. In the late 1970s the
legal battles took on a
different tone. It was found
that asbestos companies were
involved in a conspiracy to
suppress knowledge about the
harmful effects of asbestos. By
1982 punitive damages were being
awarded to sufferers of
asbestos-related diseases, and
many of the major companies
responded by seeking Chapter 11
bankruptcy protection. This
complicated the legal situation
considerably. Things also
changed in the 1980s because
successive waves of new workers
were coming forward with
asbestos-related diseases. These
included workers in construction
companies, asbestos
distributors, and companies
involved with asbestos-related
products such as brake linings
and insulation. Eventually, many
of the major bankrupt asbestos
companies set up settlement
trusts to handle problem cases
separate from the litigation
process. Most lawyers will
simultaneously proceed with
litigation against the companies
while negotiating with the
settlement trusts. Normally,
when a settlement is reached
with the trust it will be for
much less money, and payments
are often spread over many
years.
How do lawyers
proceed with mesothelioma cases?
Most lawyers in
this field will do an
examination of each claim on an
individual basis. Since they
often take on such cases on a
"contingency" basis, they will
usually not take on a case
unless they have a reasonable
chance of winning. This means
that a history of contact with
asbestos is usually not
sufficient to proceed. A person
should have tangible evidence of
the presence of mesothelioma
before a serious case can be
undertaken. The lawyer will look
at all relevant information
including medical records,
family history, work history,
exposure to asbestos. They
normally have to be satisfied of
two things before beginning.
Firstly
there must be a diagnosis of mesothilioma, and
secondly there must be
defendants who can be held
responsible. Once they have
these two things they are
usually prepared to take on the
case.
How are the
lawyers paid?
Most lawyers
work on a contingency basis.
This means they do not get paid
until the case is settled in
their client's favor. A standard
rate is 30% of the gross
settlement. When selecting a
lawyer, be careful of how the
funds are dispersed. Some will
take their 30% and then pay the
legal fees out of the client's
portion. This means they will
actually be getting more than
30% -- sometimes closer to 40 or
50%. Look for a firm that pays
the fees out of the gross
settlement amount. And be sure
that there are no circumstances
in which you will be billed for
costs if your lawyer loses the
case.
Workers'
Compensation or 3rd Party
Litigation
Normally when a
claim is made against an
employer, the case is handled by
Worker's Compensation. In most
jurisdictions this is a "no
fault" insurance system. All
employers must have this kind of
insurance. So when a claim is
made against the system, there
is no need to establish that the
employer was at fault. All the
system has to do is establish
that the employee has been
injured or disabled because of
his or her employment.
A worker's
compensation claim can usually
be finalized within 6 to 12
months.
When filing a
civil lawsuit against a 3rd
party such as a product
manufacturer, the process is
considerably more complicated.
In this case, the lawyers
representing a mesotyelioma
victim will usually name several
defendants, sometimes as many
as 30 or 40 mining companies,
manufacturers, distributors,
brokers, insulation contractors,
general contractors, etc. in an
attempt to spread the damages
over as many parties as possible
and increase the chances of
receiving a sizable settlement.
An experienced
lawyer will attempt to settle
with defendants before actually
going to court. If the case does
get to court and a verdict is
reached it is almost certain to
be appealed. In such cases it
can take years to reach a final
resolution.
If you have been
exposed to asbestos...
If you have been
exposed to asbestos, the best
advice is to have a thorough
medical examination to determine
if you have any signs of
mesothelioma. Should you find
that you do, it
is best to consult with a lawyer
about your situation as soon as
possible.
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