Tag: Mesothelioma Lawsuit

Mesothelioma Lawsuit 2020

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After a mesothelioma diagnosis, it is natural for a person to focus only on their health. But if you or a loved one is diagnosed with an asbestos-related disease, you should consider contacting a mesothelioma lawyer immediately.

Mesothelioma is an almost entirely preventable cancer. Many companies who produced, distributed or used asbestos products knew of its dangers and failed to warn their employees. Filing a lawsuit can help those diagnosed with mesothelioma get the compensation they deserve.

A qualified mesothelioma attorney can help you decide whether to pursue a lawsuit and guide you through the process. The right asbestos attorney can help you file your claim before the statute of limitations expires. They will evaluate your case so you can receive the maximum compensation.

Most mesothelioma lawsuits never go to trial because they are settled out of court before the trial takes place.

Primary Types of Mesothelioma Lawsuits

Personal Injury Claims

A person diagnosed with mesothelioma can file a personal injury lawsuit against a company responsible for exposing them to asbestos.

Wrongful Death Claims

If a mesothelioma patient files a lawsuit but passes away before it’s resolved, their loved ones may be able to step in as plaintiffs. Family members may have the option to file their own wrongful death claims. This can provide compensation to assist with medical bills, funeral expenses and loss of income.

Common Questions About Mesothelioma Lawsuits

Q: How Long Does a Mesothelioma Lawsuit Take?

A: The legal process for an asbestos-related lawsuit depends on the health of the plaintiff. If you are in poor health, the entire 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. They will handle each step so you can focus on your health and spend time with your loved ones.

Q: Will I Need to Travel?

A: The location where you file can affect the length of the case process. Your attorney will help you choose the best jurisdiction for your case. It may be necessary to file outside the state where you live. You typically will not need to travel. Mesothelioma attorneys can often handle the entire case process and travel to you when necessary.

Q: How Much Do Mesothelioma Lawyers Charge?

A: Most mesothelioma lawyers work on a contingency fee basis. This means your attorney only gets paid if you agree to a settlement or win your lawsuit. When you settle or win a case, a percentage of the award will be paid to your lawyer. If not, you pay no attorney fees.

Choosing a Mesothelioma Attorney

The first step in a successful filing process is choosing an attorney. If you worked for a large corporation that closed or is bankrupt, funds were likely set aside to help pay medical and related expenses for mesothelioma patients.

A mesothelioma attorney is knowledgeable about these funds and will help you file a claim. In addition, a mesothelioma attorney is familiar with asbestos manufacturers and will determine who is responsible for your suffering.

When you talk to the asbestos attorney, be prepared to discuss past employment, health history and current health status. It is very important to hire a lawyer you feel comfortable talking to.

Mesothelioma Lawsuit Process

While everyone’s case is different, there are certain steps that apply to nearly everyone who files an asbestos-related lawsuit. Your attorney will handle each of these steps and explain the process along the way.

For the most part, mesothelioma lawsuits follow these steps:

Preparation

Your attorney will gather information about your history of asbestos exposure to determine who is responsible for your condition and where to file your lawsuit. You may be eligible to file your lawsuit in more than one jurisdiction.

Filing

Your lawyer must file a written complaint with a court to start the legal process. Your attorney will prepare and file this document. 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 attorney will be familiar with these rules and use this knowledge to help present your claims to the court.

Responses

Each defendant in your lawsuit will receive a copy of your complaint. They will have a certain amount of time — usually 30 days — to respond. Because many years have likely passed since your asbestos exposure, the responsible company could now be a different company or could be bankrupt. It may take some time to locate and provide the appropriate people with your complaint. Your attorney will oversee this process. Defendants rarely admit fault. They most likely will deny your claims and argue that your complaint is not valid or that someone or something else is responsible for your exposure to asbestos. They may even claim that your condition is not related to asbestos exposure. Don’t worry. This is normal. Your attorney will reply to each defendant’s responses.

Discovery

Lawyers on both sides gather information about your allegations, asking the other side to answer written questions, produce documents and participate in depositions. Some of the information will become the evidence used at trial. Discovery may take several months, but if you are very sick, 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. They will demand personal information about you such as your medical history, work history and information about your personal habits. They may also seek information from your loved ones, doctors, co-workers and former co-workers. You probably will need to participate in a videotaped deposition. If so, you will answer questions under oath from the defendant’s lawyer. This process may take a few hours or several days, but it often 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 assist you during the deposition. In addition to helping you respond to discovery requests, your lawyer will make similar demands for information supporting your claim that the defendant negligently exposed you to asbestos.

Settlement

Before a trial starts, a defendant may offer to resolve the case by offering you money. If you decline the settlement offer, it’s possible the defendant will make another offer during trial. Your attorney will negotiate on your behalf. Mesothelioma settlements vary on multiple factors and can influence your decision whether to go to trial.

Trial

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.

Appeal

If you win the trial, the defendant may decide to file an appeal. There is a limited amount of time to file an appeal, usually between 30 and 180 days. 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 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.

What to Expect from Defendant Responses

Once you file your claim, be prepared for defendants to deny fault for your medical condition. They may allege that

– Smoking, drinking or drug use caused your health problems.

– Your family history shows significant health problems among relatives.

– You worked at other places where asbestos was a bigger problem.

– You have not been properly diagnosed by a medical professional.

– The petition was not filed correctly, even if it was filed on time.

– Exposure to asbestos and other toxic substances happened at home or elsewhere, not just at work.

– You do not have the authority to file a wrongful death lawsuit on behalf of the deceased.

– Your medical condition is not related to asbestos exposure.

Don’t take these allegations to heart; just let your attorney handle them. Defendants may also include a settlement request in their response, but this is rare. Companies may be willing to settle right away in order to avoid a lengthy and costly lawsuit. However, this first settlement offer may be very low. Expect to wait until closer to trial, or even during the trial itself, to receive a reasonable offer.

History of Asbestos Litigation
Asbestos litigation is considered the longest-running mass tort in U.S. history, dating to the late 1960s.

1964
Doctors Prove Asbestos Causes Lung Damage & Disease
The medical findings of Drs. Irving J. Selikoff, Jacob Churg and E. Cuyler Hammond proved conclusively that asbestos caused lung damage and disease.

1965
Tort Laws Pave Way for Asbestos Litigation
A 1965 publication by The American Law Institute of the Restatement of the Law of Torts stated in section 402A that anyone “who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is liable for the harm caused by that product to the consumer or end user.” It also explained this would not include unsafe products as long as they were “accompanied by proper directions and warning.” The court decided asbestos manufacturers knew the dangers of asbestos exposure but failed to appropriately warn asbestos workers. This opened the floodgates for asbestos-related lawsuits.

1966
First Asbestos Products Lawsuit Filed
Claude Tomplait was diagnosed with asbestosis in July 1966. Attorney Ward Stephenson filed the first asbestos products lawsuit on Tomplait’s behalf in December 1966. The defendants were 11 manufacturers of asbestos insulation products, including Johns Manville, Fibreboard Paper Products and Owen Corning Fiberglass. The case went to trial on May 12, 1969. The verdict came a week later, and it was in favor of the defendants.

1969
Borel v. Fibreboard Paper Products
In October 1969, Stephenson represented one of Tomplait’s co-workers, Clarence Borel. He developed an advanced case of asbestosis while working in the shipyards and oil refineries along the Texas-Louisiana border. Stephenson once again filed a lawsuit, seeking $1 million in damages, against numerous asbestos manufacturers across the U.S. This time, the result was different.

Borel v. Fibreboard Paper Products Corporation was decided for the plaintiff in 1973 in the amount of $79,436. Unfortunately, Borel never heard its final disposition from the U.S. Court of Appeals, Fifth Circuit. He died of mesothelioma in June 1970.

1980 – Present
Asbestos Tort Litigation Continues to Grow
Buoyed by the success of Borel v. Fibreboard, asbestos workers chose to use tort litigation to obtain compensation for their injuries. Although there is no national registry for asbestos personal injury claims, independent reports show asbestos litigation has grown significantly in the U.S. during the past several decades.

The RAND Institute for Civil Justice began analyzing asbestos litigation in the early 1980s. Approximately 730,000 people in the U.S. filed compensation claims for asbestos-related injuries from the early 1970s through the end of 2002. It cost businesses and insurance companies more than $70 billion.

The total number of companies sued jumped from 300 to 8,400 between 1982 and 2002.

As of 2013, the number of asbestos defendants had grown to more than 10,000 companies. A 2016 report from Kansas City Industrial Council showed there were 4,465 unique filings in 2015. An average of 69 defendant companies were named in each lawsuit.

The highest number of companies named on one complaint was 361, while only 12 lawsuits named one defendant.

Notable Asbestos Lawsuit Verdicts

Hundreds of thousands of people have filed mesothelioma lawsuits to seek compensation from companies that negligently exposed them to asbestos. Compensation from lawsuits helps reduce financial hardships during an illness and provide a more stable future for loved ones.

$250 million
A retired U.S. Steel worker from Indiana won a 2003 mesothelioma trial after alleging U.S. Steel was responsible for exposing him to asbestos insulation for decades. The company was expected to appeal the $250 million verdict, but instead settled out of court for an undisclosed amount.

$115 million
In 1998, a Texas jury awarded $115 million to 21 steelworkers. They developed asbestosis while working around an asbestos-containing grinding wheel at an Alabama steel mill. The grinding wheel manufacturer, Carborundum Company, was ordered to pay $100 million in punitive damages.

$48 million
In 2012, a jury awarded $48 million to construction worker Bobbie Izell. He was exposed to asbestos on construction sites in the 1960s and 1970s and diagnosed with mesothelioma in 2011. Construction remains one of the top professions for asbestos exposure.

$18.6 million
A Dallas County jury awarded $18.6 million in 2014 to the family of a tire builder who died of mesothelioma. The employee was repeatedly exposed to asbestos over 30 years while working with Goodyear Tire & Rubber Co. machines at a plant in Tyler, Texas.

What Should You Expect from a Mesothelioma Lawsuit?

Although most mesothelioma lawsuits follow a similar process, every case is different.

Results depend on your history with asbestos exposure, the state where the lawsuit is filed, your medical history and other factors.

Going to trial is rare. Even if a case does go to court, you may not be required to appear.

Settlements and trial verdicts vary depending on the case. While verdicts may produce more compensation, settlements typically award claimants quicker. This can help pay for cancer treatments and other bills.

An experienced mesothelioma attorney can simplify the process and build your case so you and your family can get the compensation you deserve.

How Long Does A Mesothelioma Lawsuit Take?

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How Long Does a Mesothelioma Lawsuit Take?

Time frames and Expectations

As an asbestos lawsuit claimant, the last thing you want is an unnecessarily lengthy, drawn- out legal process. Whether you’re taking your case to court or reaching a settlement with the companies that harmed you, the sooner you can be compensated for your medical expenses, lost wages, mental and physical anguish, the better.

One of the most important financial decisions you’ll ever make is choosing a mesothelioma attorney who can take the legal action you need to get you the compensation you deserve. There are no set timeframes for when your case will be resolved, but an experienced and trustworthy mesothelioma attorney is your best bet to resolve the matter in your favor as quickly as possible.

What is the Process for a Mesothelioma Settlement?
Asbestos litigation is a unique process, from the date of filing the case to the final judgment. This is because mesothelioma cases tend to have relatively short statutes of limitations (the time in which you’re allowed to file a lawsuit) but long legal procedures.

However, courts generally believe that such cases should be handled with expediency and go forward as quickly as possible, due to the nature of the illness and life expectancy of the claimant. Here are the steps that lead up to your settlement:

Interview and information gathering: First, an attorney will speak with you about your health and confirm your official medical diagnosis. We make this process as simple and stress-free as possible. Our lawyers have spent decades working with those harmed by asbestos and are compassionate people who understand your pain. We will discuss your work history, identify where and when you were exposed and assess the damages caused by your asbestos related illness.

Filing your asbestos claim: Our law firm is located in Oakland, California, which is where we often file our cases. There are laws regarding where you can make your claim, and only when we know the facts can we determine where your suit should be filed. If needed, we’ll recommend the most appropriate attorney in our long-established network of legal specialists in different states with whom we have worked before.

Discovery: Our asbestos law firm will have an opportunity to question the companies responsible for your asbestos exposure in a deposition. Their attorneys will also have the opportunity to question you. During this process both sides will gather information that may be used in court if necessary. In our experience, most asbestos lawsuits end in settlement because the evidence is usually very strong and on our clients’ side.

Reaching a fair settlement: If the companies responsible for your asbestos exposure make settlement offers, we will advise you on whether or not you should accept. This is where having an experienced mesothelioma attorney is essential. Our decades of experience in asbestos litigation ensure that we know a fair mesothelioma settlement amount. Furthermore, we understand the financial impact that fighting your asbestos illness has. We know how much you’ll need to take care of your family, pay your bills and maintain the standard of living you have earned. We also know what we can successfully obtain as compensation for the mental and physical pain that comes with your asbestos-related disease.

Having the wrong attorney evaluate your settlement offer could cost you hundreds of thousands of dollars, possibly even millions.

Asbestos Lawsuits and Statutes of Limitations
Asbestos cases have a statute of limitations, or a “deadline” by which you must file your case. Each state has its own time limit, but in general, it is around one to three years following your original diagnosis. The law relies on “the time from initial diagnosis” because it may take 15-50 years for symptoms of mesothelioma due to asbestos exposure to become present. If a person has passed away due to the illness, a family member can file a wrongful death lawsuit, but the statutes of limitations from the time of death are also about one to three years.

Expediting Your Asbestos Lawsuit

Because of the serious health factors inherent in typical cases involving mesothelioma, the law often allows your asbestos attorney to expedite your case if your health requires it. Since time is of the essence for victims of mesothelioma, the courts tend to speed up the process so the victim can get the compensation and medical help they need.

Life Expectancy and Spousal Benefits

The family of a person who has died as a result of mesothelioma may also be entitled to damages with a wrongful death claim. If someone who is sick passes away during their lawsuit, the estate will be the one with the power to proceed with the case, and the heirs will have ther right to file a wrongful death suit.

If You Have Mesothelioma, Now is the Time to Talk to a Lawyer

If you or a family member is suffering from an asbestos-related illness or has a medical diagnosis of mesothelioma, you should contact a trusted asbestos attorney today. Your lawsuit can prevent others from being harmed, and help set a new standard of behavior for the guilty company. You’ll put yourself in a position to receive compensation for the damage asbestos exposure has done to your well-being and your family. Request a free consultation with Kazan Law today.

What is a Mesothelioma Lawsuit?

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What is a Mesothelioma Lawsuit

Asbestos Exposure Lawsuits

If you have been diagnosed with mesothelioma or lung cancer you may be entitled to compensation through asbestos trust funds or filing a lawsuit against all parties who may be responsible for your asbestos exposure including previous places of employment and products containing asbestos.

It is important to contact us for a confidential case evaluation so that you can begin your investigation and file your asbestos lawsuit immediately.

Our legal team is standing by prepared to assemble all the necessary information to achieve a favorable verdict or settlement, in addition, we will work to recover all asbestos trust funds available to you.

There are state statute of limitations laws which make it urgent for you to file your asbestos exposure lawsuit as soon as possible.

If your case is not filed within the time period set by the state you may be forever barred from pursuing compensation for your asbestos lawsuit.

There is the important evidence needed to prove your asbestos exposure lawsuit which will be gathered for the discovery process the most important of which being a health condition like mesothelioma or lung cancer linked to asbestos exposure.

Verifiable Diagnosis of Asbestos Exposure

Verifiable asbestos exposure includes a pathology report from an experienced professional medical specialist confirming the diagnosis of the presence of mesothelioma or lung cancer cells within your body.

Establishing the Source of Your Asbestos Exposure

The next step is proving the source of your asbestos exposure and establishing a matrix of all parties that may have been responsible for your asbestos exposure.

Your experienced asbestos exposure legal team is experienced to handle any set of circumstances leading up to a verifiable diagnosis of asbestos exposure. Contact us today to receive your free, confidential case evaluation.

Types of Asbestos Exposure Lawsuits

There are multiple types of asbestos exposure lawsuits based on the individual circumstance of the asbestos exposure, Please visit these pages to learn more details about each case type.

Primary Asbestos Exposure Lawsuit

Secondary Asbestos Exposure Lawsuit

Wrongful Death Asbestos Exposure Lawsuit

Class Action Asbestos Exposure Lawsuit

Compensation Obtained Through Asbestos Exposure Lawsuit
The legal team is able to obtain several types of compensation for asbestos exposure victims including:

Past and future medical expenses

Past and future lost wages

Pain and suffering

Emotional distress

Loss of consortium

Travel expenses

Home care

Funeral expenses

Punitive damages

To learn more about how our legal team can obtain compensation for asbestos exposure victims visit our asbestos exposure compensation items page for more information.

Time is Limited, Contact Mesowatch Now
State laws limit the time to file asbestos exposure lawsuits these are known as the statute of limitations.

It is important not to exceed the time legally allowed to file your lawsuit or you may be barred forever from filing a lawsuit to recover for your asbestos exposure injuries.

Please visit Statute of Limitations page here to learn more about your state’s statute of limitations period.

It is also important to contact us immediately since most asbestos exposure cancer take 10-40 years to develop in your body after exposure to asbestos.

The quicker your legal team can begin working on your case will allow for the most effective outcome of your case.

Your legal team will quickly establish which parties are responsible for your injuries, document the evidence, recover from all asbestos trust funds available, and achieve a beyond satisfactory amount of compensation quickly for your asbestos exposure damages.

If you or a loved one have been diagnosed with asbestos-related cancer, contact Mesowatch today. You will begin your case with a free, confidential evaluation and receive immediate assistance.

Our team of asbestos exposure lawyers are available now and will quickly pursue the maximum possible compensation for your losses from all potentially liable parties.

Are Mesothelioma Lawsuit Taxable?

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Are Mesothelioma Lawsuit Settlements Taxable?

Mesothelioma Explained prides itself in advocating for mesothelioma patients and their families. You should know that you are not alone in your fight against mesothelioma cancer.

People who file for a mesothelioma lawsuit settlement with a chance for a significant payout are interested to know if the claim will be taxable. Given the fact that more taxes are paid for a more substantial sum of money, they are concerned about the potential significant amount that may be taken out of this settlement. Fortunately, the majority of these settlements are tax-free, to a certain degree.

Taxation is complicated, and knowledge about what to do and what not to pay tax on can be the most complicated.  Several factors can tell if the victims will have to pay tax on the money they are awarded during a settlement. Severe physical injuries, such as herniated discs and broken bones may qualify under the personal injury statute. On the other hand, less severe injuries, such as cuts, bruises, and muscle strains may also be eligible. Based on the IRS training manual for lawsuits and settlements, people who suffer only emotional can exclude from income the expenses related to the emotional injury.

When a person is awarded damages for acquiring an injury during their work, which resulted in wrongful termination, he will not have to pay tax on the losses but for the wrongful termination. Also, there are two requirements needed to make the financial award at settlement to be tax-free. First, the award has something to be with any form of physical injury, in which illnesses are categorized as bodily injury. The absence of this means that the award will be taxed. Secondly, when at the heart of the damage a wrongful act has been done or failed to do, and that the action is directly responsible for the injury which means that when the victim acquired an injury during a dispute, the award will be taxed. However, if someone else pushed the victim over while in the course of an argument; the award will be free from tax.

Nevertheless, the majority of the people in a mesothelioma lawsuit are awarded punitive damages. The punitive damages are given apart from the actual damages certain situations. Punitive damages are punishment and also an award when the behavior of the defendant has been found to be extremely harmful, yet not usually awarded in the context of the breach of contract dispute.

Punitive damages are always taxable. It’s because punitive damage does not offer compensation for money that the victims have lost or by having to use it or not having the ability to earn it. They are categorized as above and beyond whatever claim would help the victim return to the normal state of life.

There is also the emotional distress that mesothelioma victims are also awarded for. By definition, it’s not a physical injury which means that no matter how distressed they become which leads to becoming ill, the award for this will be taxable. However, if it has a definite relation to a physical injury, then it becomes free from tax.

Get Help from The Best

For people who are facing health issues due to asbestos exposure, they should contact the top mesothelioma attorneys. As experts in this field, they can help the victims through the legal options from a compensation standpoint.

Class Action Lawsuits

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Class Action Lawsuits – Mesothelioma Lawsuit

Class Action Lawsuits

A class action is a lawsuit filed by claimants who sue on behalf of a large group of people who have been similarly harmed by the same defendants. Mesothelioma cases are no longer filed as class actions. Instead, claimants file individual personal injury lawsuits or wrongful death lawsuits.

In 2017 alone, more than 4,000 asbestos lawsuits were filed in the U.S., according to a KCIC industry report. Combining all those lawsuits into a single class action would not be good for the people filing them, because each asbestos-exposure case is so unique.

What Is a Class Action Lawsuit?
A class action lawsuit is a claim in which a group of people collectively bring a complaint to court. These types of lawsuits are filed against a defendant by one or more plaintiffs on behalf of a group of “similarly situated” people.

State and federal courts have their own procedural rules governing class actions. Most agree that the group must share similar injuries caused by shared circumstances that raise the same legal issues.

The court must determine that there are sufficient similarities and that separate lawsuits would be impractical or burdensome. Then it will certify the group as a class and allow them to litigate their case collectively.

Class action lawsuits involving mesothelioma and asbestos began surfacing in the late 1960s. At the time, the public had just become aware of the serious health hazards of asbestos exposure. Since then, judges have resorted to a number of procedural methods to manage asbestos claims that now number in the millions.

History of Mesothelioma and Asbestos Class Actions
U.S. District Court for the Eastern District of Pennsylvania
About 20 years after the first mesothelioma and asbestos class action lawsuits were filed, the number of cases grew to about 20,000.

As awareness increased and doctors diagnosed more people with mesothelioma, the number of claims escalated to 750,000 in another 20 years. Judges were aware of the overwhelming number of claims and the difficulty of managing so many.

In 1991, federal asbestos cases were consolidated in the U.S. District Court for the Eastern District of Pennsylvania for pretrial purposes. Multidistrict asbestos litigation continues to be heard in this court, and is known as MDL 875.

Quick Fact:
Mesothelioma class actions typically are filed against companies that knew the dangers of asbestos exposure but did not inform employees of the risks. Manufacturers and distributors of asbestos-containing products, mining and construction companies and shipbuilders are often named as defendants in these types of class actions.

Georgine v. Amchem Inc.
The presiding judge was expected to facilitate a global settlement between the major asbestos defendants and plaintiffs’ attorneys. That effort failed. A group of asbestos manufacturers and major plaintiff’s firms attempted to negotiate a settlement agreement. Not intending to go to trial, the parties filed a complaint, answer, joint motion to certify a class and a proposed settlement agreement for Georgine v. Amchem Prods., Inc.

Under the proposal in Amchem, the parties would seek to create a class solely for settlement purposes. Claims of unimpaired plaintiffs would be deferred and a payment matrix would be applied to other claims, including future asbestos claims.

The U.S. Supreme Court eventually ruled against class certification. The court ruled that it was inappropriate because the class of claimants was too large and had too many varied interests. In addition, common questions of law and fact did not predominate within the proposed class.

Ortiz v. Fibreboard Corp.
Since Amchem, federal courts have not favored asbestos class actions. In Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999), the Supreme Court ruled against certifying an asbestos class action. State courts have generally been more willing to certify class actions than federal courts. Still, asbestos class actions are not common.

Deciding Whether to Participate in a Class Action
If you are asked to join an asbestos class action, remember that you can choose to join the class or “opt out” so that you can pursue your own lawsuit. You should consider hiring a mesothelioma attorney to advise you on your individual circumstances and legal options.

Out-of-Court Settlements
An out-of-court settlement is likely when a large group of claimants is involved. Any settlement is divided among thousands of claimants. This may be attractive to patients who wish to avoid a trial. But it is difficult to get several plaintiffs and defendants to reach agreement on legal issues. If the parties manage to reach an agreement on a class action settlement, the court must still approve the settlement terms.

Difficulties with Large Plaintiff Numbers
Class action members have less control over their cases than claimants who file separate lawsuits. Lawyers who handle class actions represent the interests of a large number of plaintiffs.

Attorneys for individual lawsuits can focus more closely on their client’s individual issues. Many asbestos claimants prefer to have more control over their cases and opt not to join class actions.

Mesothelioma Lawsuit

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Mesothelioma Lawsuit


How to get started?

If you or someone close to you has been diagnosed with mesothelioma, you have probably heard or read about the possibility of obtaining financial compensation by way of a mesothelioma lawsuit. It can be difficult to navigate the maze of television commercials and websites to figure out how to get the process started.
There are really three simple steps to get started with a mesothelioma lawsuit:
– Presenting proof of a mesothelioma diagnosis;
– Providing information about asbestos exposure; and
– Choosing a highly experienced mesothelioma law firm.
I. Presenting Proof of a Mesothelioma Diagnosis


When contacting a law firm experienced in handling mesothelioma lawsuits, you will first need to present some proof of a mesothelioma diagnosis. The following records can be used to get the process started:

– Pathology report that states “mesothelioma”;
– Oncology medical record that states “mesothelioma”;
– Death certificate that states “mesothelioma” (if person is deceased).
Even though exposure to asbestos increases a person’s risk of developing mesothelioma, a person cannot file a mesothelioma lawsuit unless the person already has proof of a mesothelioma diagnosis. Law firms experienced in handling mesothelioma lawsuits have expertise in ordering medical records that may provide evidence of a mesothelioma diagnosis.
II. Providing Information about Asbestos Exposure
In order to file a mesothelioma lawsuit, the person diagnosed with the disease must have some information that would demonstrate prior exposure to asbestos. Generally, the best source of information as to a person’s asbestos exposure is the memory of the person who was diagnosed with mesothelioma or the person who worked with or around asbestos-containing products. A person can be exposed to asbestos from directly working with asbestos products (direct asbestos exposure), from working in the same area as others working with asbestos products (bystander asbestos exposure) or by laundering contaminated work clothing or otherwise having contact with clothing that is soiled with asbestos dust (take-home exposure). Law firms experienced in handling mesothelioma lawsuit also have documents and other information relating to asbestos exposures that occurred at many work sites where asbestos exposure was common.
III. Choosing a Highly Experienced Mesothelioma Law Firm


A mesothelioma lawsuit is not a simple case. You must have a law firm that is highly experienced in handling these cases. The firm must be knowledgeable about many areas, including: the many different ways that people can be exposed to asbestos, the many different products that contained asbestos, and the medical and scientific issues relating to the diagnosis and causation of mesothelioma.

You should find out information about the firm, including how long they have been handling mesothelioma cases, how many jury verdicts and settlements they have obtained, and whether they have received awards and recognitions for their work in these cases. Once you choose a highly experienced mesothelioma law firm, the firm can take the necessary legal steps to get your lawsuit filed and move the case toward settlement or trial.
Levy Konigsberg LLP has been successfully handling mesothelioma lawsuits for thirty-plus years. The firm’s founder, Stanley Levy, was one of the first lawyers in the Northeastern United States to file cases on behalf of those suffering from mesothelioma. The firm has won landmark jury verdicts in mesothelioma cases including the highest mesothelioma jury verdict ever upheld on appeal in the United States. The firm was recognized in 2013 by the U.S. News & World Report as “Plaintiff’s Product Liability Law Firm of the Year”. The firm also contributes to the fight to cure mesothelioma and has contributed more than $1 million for this cause.
Mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.
Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.
Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.
IMPORTANT: If you or your family member has been diagnosed with mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:
– Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
Obtain maximum compensation in your case by being able to:
Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;
– File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.
NOTE: While our offices are located in the states of New York, New Jersey, and Georgia, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States. You are encouraged to contact us with any questions.

Mesothelioma Lawsuit Attorneys

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Mesothelioma Lawsuit Attorneys

Mesothelioma

Speaking with a mesothelioma law firm is an important step for many. If you’ve been diagnosed with mesothelioma or another asbestos-related disease, you may be entitled to compensation from a company that manufactured and/or sold asbestos-containing products. To find out if you have a case, and how much money you could receive, it’s essential that you discuss your situation with the right mesothelioma law firm.

Budak Adsense Law or request a free legal consultation to learn more about the legal process and our firm’s experience in mesothelioma and asbestos related diseases.

Our Mesothelioma Law Firm’s Experience
Sokolove Law has been fighting for the victims of mesothelioma and asbestos exposure for more than 40 years. We are the first truly national law firm with a licensed attorney in nearly every state. Our Founder Jim Sokolove’s passion and commitment has helped bring justice and compensation to over 5,000 victims of mesothelioma and asbestos-related diseases.

Our nationwide network of mesothelioma law firm attorneys helps provide equal access to our nation’s court system — regardless of a potential victim’s location, income, or race.

Trusted Nationwide for Mesothelioma Legal Services
The national reach of Sokolove Law allows us to help victims in any state, and to maximize the value of their cases and potential settlements.

Our goal is to maximize the compensation that a mesothelioma victim may be entitled to. What makes Sokolove Law unique is that we are not restricted to filing lawsuits in certain states. As a national law firm, we will file wherever a mesothelioma or asbestos-related claim can be best litigated, in order to increase the value of a case.

For more information, we recommend reading: 5 Tips for Finding the Right Mesothelioma Lawyer for You

What You Need to Know About Mesothelioma Law Firms & Mesothelioma Attorneys
A mesothelioma law firm, or a law firm that specializes in asbestos cases, files claims on behalf of those suffering from diseases triggered by asbestos, which includes mesothelioma. These firms develop a deep understanding of the nitty-gritty details involved in bringing justice to the victims and families impacted by these devastating diseases.

“Torts,” as they’re known, or, more commonly, “civil actions,” are part of an extremely complex area of the law. This is the area where asbestos litigation falls. All U.S. states have their own unique statutes, and these statues can vary on things like burden-of-proof, meaning one state’s requirements could be different – or even more demanding – than another’s.

That’s why it’s best to work with an experienced lawyer. Firms like Sokolove Law have for years prioritized keeping up with the latest mesothelioma research and asbestos-related legal developments. Sokolove Law maintains massive databases containing information related to virtually every aspect of the asbestos industry.

Frequently Asked Questions for Mesothelioma Law Firms & Mesothelioma Attorneys
Whenever you’re considering legal action, it’s vital that you interview a potential law firm and check their past experience in mesothelioma claims, settlements and specialized legal experience.

Here are some questions you might ask if you were looking to partner with a mesothelioma law firm:

– How many years of experience does your mesothelioma law firm have?

– Will you take my case on a contingency basis?

– What are the typical outcomes of your mesothelioma cases? Out-of-court settlement? Win? Loss? Appeal?

– Will I be able to speak with members of your law firm as needed? Will my calls be returned promptly and your questions answered clearly?

– How many mesothelioma (not just asbestos) cases or claims has your law firm handled?

– Will my case be handled on an individual basis, or “bundled” with several other similar cases? (This may hurt you if your case is a strong one, but could be helpful with “weaker” cases.)

– Does your mesothelioma law firm have a nationwide network of attorneys and lawyers who will share their research and expertise in order to build a solid case on my behalf?

– Will your law firm be handling my case personally? (At times law firms may refer your case to another firm that may be better suited to help in your situation — often providing you with the services of both their firm and another at no extra cost to you.)

Remember, it’s in your best interest to be comfortable with the mesothelioma law firm and attorneys that handle your case.

Budak Adsense staff of experienced mesothelioma paralegals is here to help you and to answer any questions you might have about filing a mesothelioma lawsuit. Don’t wait — request a free legal consultation today.

How to File a Mesothelioma Lawsuit

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How to File a Mesothelioma Lawsuit

Getting Started with your Asbestos Lawsuit
When people with mesothelioma approach our office about a potential asbestos lawsuit, the first contact is often with our intake department. This starts an information-gathering process. We ask them to provide us with essential information about themselves, their family members, their work history, their exposure to asbestos, and their medical history. We also obtain releases so that we can order employment and medical records.

Usually one of our investigators interviews a potential client, and one of the attorneys will call or visit.

As soon as we have sufficient information, we decide if we can recommend filing suit and if our firm can represent them.

We accept an asbestos lawsuit case if we think there is a reasonable chance of a successful outcome. We need to be confident that we can establish the diagnosis, and that there are defendants who are responsible.

Filing An Asbestos Lawsuit
We usually file our cases in California, but not every person has a case that can be properly filed in California. If we conclude, after reviewing all the facts, that a case should be filed in another state, we call upon the most appropriate attorney in our long-established network of attorneys in different states with whom we have worked before. We make a recommendation to the potential client that we associate with an attorney who practices in the most appropriate jurisdiction for the case. It is very important to file an asbestos case in the right jurisdiction and we believe that this decision should be made at the beginning of the process rather than mid-stream.

When we take on new clients, both parties sign a retainer agreement. This is a contract between the clients and Kazan Law, and sets out the details of our representation, the contingency fee structure, and so on. An attorney from our office meets with the client to go over all aspects of your asbestos lawsuit in detail. (Read more about contingency fees.)

Filing the Asbestos Lawsuit Complaint
The formal start of the case comes when we file the complaint against all companies that we believe are probably responsible for the asbestos exposure. These might include asbestos mining companies, manufacturers, distributors, brokers, insulation contractors, other contractors whose workers used asbestos products (e.g. sheet-metal, joinery, fireproofing) or were responsible for safety (e.g. the prime or general contractor), and the owners of the sites where exposure occurred.

It is obvious that determining which companies to sue is a complex matter. We usually file suit against more than a dozen defendants, and sometimes as many as forty or more. Because we have been handling asbestos cases for over 40 years, we have extensive resources to enable our attorneys to make well-informed decisions about who to sue, and how to go about it. We have a team of seven investigators, an extensive document archive, and a database of records and depositions. We also have cooperative working relationships with many other plaintiffs’ law offices around the country and in Britain, Australia, Canada and other parts of the world.

Our client is known as the plaintiff in the lawsuit – because he (or she) is making the complaint. The companies that the plaintiff sues are called defendants – because they are defending. The defendants have about a month, after receiving the complaint, to respond.

Asbestos Mesothelioma Lawsuit

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Asbestos Mesothelioma Lawsuit

Mesothelioma Lawsuit Explained
If you have ever been exposed to asbestos and contracted a serious and deadly illness like mesothelioma or asbestosis because of that exposure, you have legal options for seeking justice and compensation. Contact a mesothelioma lawyer immediately to find out what those options are and to decide which is best for your future and for your family.

As a victim of asbestos exposure you may be able to take advantage of an asbestos trust fund to receive compensation, but for some people an asbestos lawsuit may be a better choice. In some cases an individual may be able to benefit from both. Only a trained and experienced lawyer who has worked on asbestos cases before can help you make the right decision that will give you the best chance of getting justice and getting compensation.

Asbestos-Related Illnesses
Asbestos is a natural mineral that is extremely harmful to human health. It is made up of tiny fibers that easily come loose and enter the air and land on surfaces like dust. Inhaling or ingesting the fibers can lead to internal damage and later illnesses. Mesothelioma, an aggressive and deadly cancer is one of these illnesses.

Exposure to asbestos can also trigger lung cancer, which is not as rare as mesothelioma, but which can be painful and deadly. Asbestosis, also caused by asbestos exposure, is an uncomfortable and progressive lung condition that is incurable. It causes inflammation and scarring in the lungs that makes breathing difficult. No treatments can reverse the damage or cure it.

In some cases asbestos fibers may migrate past the airways and cause damage and illness in other parts of the body. Mesothelioma can form in the lining of the abdominal organs or more rarely around the heart or the testicles. Asbestos exposure most often in the workplace, and thousands of people were put at risk for decades before 1970s regulations were placed on the use of asbestos and training for how to work with this dangerous mineral.

Filing a Mesothelioma Lawsuit
The process of starting a mesothelioma lawsuit is complicated and time-consuming. Know what you’re getting into, and find an experienced lawyer to help you take the right steps along the way. The laws can be confusing and mistakes are easy to make if you don’t have this expert guidance.

Finding an Asbestos or Mesothelioma Lawyer

The first thing to do when filing a mesothelioma lawsuit is to find the right lawyer. You need a law firm or attorney well-versed in the complicated laws regulating asbestos and mesothelioma cases. Laws are different in every state, and the right lawyer will help you make sense of them and take the necessary steps to file and follow through with a lawsuit.

Developing Your Case

Your attorney will begin right away gathering pertinent information to build a case, but the time it takes to get all the necessary documents together depends on each individual and their case. Your lawyer will be able to do some investigative work to determine what company or employer caused the exposure that triggered your illness, but he or she will also need your input. Be prepared to provide your legal team with as much information you can that is relevant to the case.

Response from the Defendant

The defendant will be given a chance respond to the claims you are making once the information has been collected and the lawsuit filed. Defendants are allotted a certain amount of time to respond, typically 30 days from the time they learn of the lawsuit, but this varies state to state.

The Discovery Phase

If the defendant does not respond, you win your case by default, but this occurs only rarely. In most cases the defendant will respond, and this triggers the discovery period. Both your legal team and the defendant’s legal team will investigate and gather more information and evidence. This is done to build a case either to prove or disprove liability.

Most lawsuits filed over asbestos and mesothelioma proceed to a settlement stage. Here your lawyer will represent you in trying to negotiate compensation from the defendant. Only if the settlement cannot be agreed upon will your case go to trial.

Settlement

Most mesothelioma and asbestos cases never go to trial. Lawyers on each side are usually able to reach an agreement  without going through the courts. It takes 18 months on average to reach a settlement agreement, in which both sides determine and agree upon a fair amount of compensation for the victim. The actual time can vary depending on individual factors of a case.

Trial

Trials usually take longer than settlements and can ultimately end in no compensation for the victim. However,  the company or companies who caused your illness can be exposed publicly during a trail, and the award amount when a case goes in favor of the plaintiff is usually higher than in a settlement.

In general, asbestos trials can take anywhere from a year to several years. If you’re extremely ill, however, a judge may speed up the process. Most victims of mesothelioma try to avoid a trial because it is in their best interest to get a resolution as soon as possible.

Appeals

Both sides have the right to appeal following a trial if not satisfied with the outcome. This can hold up the process of getting compensation, but an experienced asbestos attorney understands the appeals process and will work diligently for a positive outcome.

Choosing an Asbestos Lawyer
Selecting the best legal team is essential for increasing your odds of a favorable outcome. You need a lawyer who has actual experience working with asbestos victims. The laws regulating these cases are different in each state and can be complicated. They are different from those that govern other types of personal injury.

Make sure you ask about references and testimonials. You want to see that your lawyer not only has experience, but also a proven track record of winning cases for clients. You want a lawyer that other clients were satisfied with and that makes you feel good about your chances. Also important is to choose someone you feel has your best interests in mind and makes you feel comfortable.

Wrongful Death Lawsuits
Because of the length of the legal process and the aggressive nature of mesothelioma, victims of asbestos exposure don’t always live long enough to see the end of a lawsuit or settlement claim. In these cases, the surviving families may choose to file a wrongful death asbestos lawsuit or continue with the current claim.

A wrongful death suit is a claim that a loved one’s death was caused by negligence on the part of a person or company, in this case likely an employer or manufacturer of materials containing asbestos. This type of lawsuit can provide compensation that helps the family cover outstanding medical bills and funeral expenses, but that also provides for pain and suffering and loss of companionship.

Compensation
The main reason that most people file an asbestos or mesothelioma lawsuit is to receive monetary damages. Getting justice and an acknowledgement from the person or company that made you sick can feel good, but there are real financial costs of living with this disease. Winning compensation means money doesn’t have to be a worry, and you can focus on treatment and family.

If you are seeking compensation for an asbestos illness you can ask for money to cover your medical bills for treatment, any future medical bills you expect to have, and to cover any other costs of ongoing care, including therapy and hospice care. You can also claim compensation for emotional suffering, physical pain and suffering, and other less tangible costs of being ill.

Examples of Successful Mesothelioma Lawsuits
Every case is different, but past lawsuits involving asbestos can give you an idea of what you might expect in your own case. For instance, a large settlement was awarded in a jury trial in Arizona in 2016 over a case of mesothelioma and asbestos exposure in the military.

A retired civilian worker in the U.S. Navy developed mesothelioma and died from it after working in the Norfolk Naval Shipyard. He worked on repair and maintenance of equipment like gaskets and valves that contained asbestos. His lawyers successfully showed that when he died a year after being diagnosed with mesothelioma at the age of 73 it was because of that workplace exposure.

The jury in this wrongful death lawsuit awarded a settlement of $17 million to the family of the deceased worker. The settlement included $9 million in compensation and $8 million in punitive damages. The responsibility for paying the settlement was split between the U.S. Navy and two manufacturing companies that supplied asbestos-containing materials.

In Charleston, South Carolina, multiple plaintiffs are currently making a case against the Charleston Naval Shipyard, which ceased operations 20 years ago. Investigators found that residents near the shipyard were experiencing higher rates of mesothelioma than the nationwide average. About 29 people per year have died in the area because of asbestos exposure.

The unusual nature of the case and the large number of people affected resulted in a new law passed in the state. It allows for expedited hearings. This was supposed to ensure that more victims would get compensation sooner through lawsuits. Victims and their families have been getting compensation, but there are still lags that delay payments by years. Many of the plaintiffs have died before their cases were heard.

By filing an asbestos lawsuit you are making a point to get justice and to hold responsible companies accountable for how they harmed workers. A lawsuit is important for these reasons but also for getting the funding you need to cope with your illness. Be sure that you start your lawsuit with an expert by your side and in a timely manner. Statutes of limitations vary by state but all limit the time you have to make your case.

How Long Does a Mesothelioma Lawsuit Take?

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How Long Does a Mesothelioma Lawsuit Take?

Time frames and Expectations

As an asbestos lawsuit claimant, the last thing you want is an unnecessarily lengthy, drawn- out legal process. Whether you’re taking your case to court or reaching a settlement with the companies that harmed you, the sooner you can be compensated for your medical expenses, lost wages, mental and physical anguish, the better.

One of the most important financial decisions you’ll ever make is choosing a mesothelioma attorney who can take the legal action you need to get you the compensation you deserve. There are no set timeframes for when your case will be resolved, but an experienced and trustworthy mesothelioma attorney is your best bet to resolve the matter in your favor as quickly as possible.

What is the Process for a Mesothelioma Settlement?
Asbestos litigation is a unique process, from the date of filing the case to the final judgment. This is because mesothelioma cases tend to have relatively short statutes of limitations (the time in which you’re allowed to file a lawsuit) but long legal procedures.

However, courts generally believe that such cases should be handled with expediency and go forward as quickly as possible, due to the nature of the illness and life expectancy of the claimant. Here are the steps that lead up to your settlement:

Interview and information gathering: First, an attorney will speak with you about your health and confirm your official medical diagnosis. We make this process as simple and stress-free as possible. Our lawyers have spent decades working with those harmed by asbestos and are compassionate people who understand your pain. We will discuss your work history, identify where and when you were exposed and assess the damages caused by your asbestos related illness.

Filing your asbestos claim: Our law firm is located in Oakland, California, which is where we often file our cases. There are laws regarding where you can make your claim, and only when we know the facts can we determine where your suit should be filed. If needed, we’ll recommend the most appropriate attorney in our long-established network of legal specialists in different states with whom we have worked before.

Discovery: Our asbestos law firm will have an opportunity to question the companies responsible for your asbestos exposure in a deposition. Their attorneys will also have the opportunity to question you. During this process both sides will gather information that may be used in court if necessary. In our experience, most asbestos lawsuits end in settlement because the evidence is usually very strong and on our clients’ side.

Reaching a fair settlement: If the companies responsible for your asbestos exposure make settlement offers, we will advise you on whether or not you should accept. This is where having an experienced mesothelioma attorney is essential. Our decades of experience in asbestos litigation ensure that we know a fair mesothelioma settlement amount. Furthermore, we understand the financial impact that fighting your asbestos illness has. We know how much you’ll need to take care of your family, pay your bills and maintain the standard of living you have earned. We also know what we can successfully obtain as compensation for the mental and physical pain that comes with your asbestos-related disease.

Having the wrong attorney evaluate your settlement offer could cost you hundreds of thousands of dollars, possibly even millions.

Asbestos Lawsuits and Statutes of Limitations
Asbestos cases have a statute of limitations, or a “deadline” by which you must file your case. Each state has its own time limit, but in general, it is around one to three years following your original diagnosis. The law relies on “the time from initial diagnosis” because it may take 15-50 years for symptoms of mesothelioma due to asbestos exposure to become present. If a person has passed away due to the illness, a family member can file a wrongful death lawsuit, but the statutes of limitations from the time of death are also about one to three years.

Expediting Your Asbestos Lawsuit

Because of the serious health factors inherent in typical cases involving mesothelioma, the law often allows your asbestos attorney to expedite your case if your health requires it. Since time is of the essence for victims of mesothelioma, the courts tend to speed up the process so the victim can get the compensation and medical help they need.

Life Expectancy and Spousal Benefits

The family of a person who has died as a result of mesothelioma may also be entitled to damages with a wrongful death claim. If someone who is sick passes away during their lawsuit, the estate will be the one with the power to proceed with the case, and the heirs will have ther right to file a wrongful death suit.

If You Have Mesothelioma, Now is the Time to Talk to a Lawyer

If you or a family member is suffering from an asbestos-related illness or has a medical diagnosis of mesothelioma, you should contact a trusted asbestos attorney today. Your lawsuit can prevent others from being harmed, and help set a new standard of behavior for the guilty company. You’ll put yourself in a position to receive compensation for the damage asbestos exposure has done to your well-being and your family. Request a free consultation with Kazan Law today.