Asbestos Lung Cancer Lawsuits

Lung cancer is the leading cause of cancer death, and asbestos exposure is one of the top reasons people develop this horrendous disease. Asbestos is a naturally occurring mineral that was heavily used in construction, shipbuilding and various other industries in the 20th century due to its durability and heat resistance. However, when asbestos breaks down it releases microscopic fibers that cause cellular damage when inhaled. Decades of research proves asbestos fibers cause genetic changes that develop into malignant lung tumors.

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The Link Between Asbestos and Cancer

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Hundreds of scientific studies have established a clear link between asbestos exposure and lung cancer. Asbestos fibers penetrate lung tissue, causing inflammation and scarring over time. This ongoing damage disrupts cell growth, often leading cells to turn cancerous. The more asbestos someone inhales, the higher their risk of lung cancer. 

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This dose-dependent relationship demonstrates why occupational exposure is so hazardous. Studies show asbestos workers have a 5-fold increased lung cancer risk over the general population. All types of asbestos are carcinogenic, and there is no safe level of exposure.

Asbestos refers to six naturally occurring silicate minerals that form long, thin fibrous crystals. These fibers are strong and flexible enough to be woven, and they are heat resistant and chemically inert. These properties led to asbestos being used in thousands of industrial, construction and household applications. However, asbestos is extremely hazardous when it breaks down because the fibers embed in body tissues when inhaled or swallowed, eventually damaging cells and causing disease. The diseases caused by asbestos fibers include lung cancer, mesothelioma and asbestosis. Because asbestos-related diseases have long latency periods, they were not recognized until decades after widespread asbestos use began in the early 20th century.

Due to its widespread industrial applications, asbestos occupational exposure was extremely common in certain job sites and professions. Any occupations involving construction, shipbuilding, power plants, chemical plants, automotive work or other types of manufacturing were at risk. Veterans were also exposed to asbestos in close quarters on ships and submarines. Some of the jobs with the highest asbestos exposure over the decades include:

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• Construction workers
• Plumbers and pipefitters
• Boilermakers
• Shipbuilders and Navy veterans
• Auto mechanics
• Power plant workers
• Chemical plant employees

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Workers in these fields performed daily tasks that caused asbestos to be released from insulation, flooring, cement products and automotive parts. This led to the inhalation of high concentrations of asbestos over months or years. Family members may also have developed secondhand exposure from fibers brought home on work clothing.

Direct occupational exposure is not the only way people develop asbestos lung cancer and other diseases. Secondhand or indirect exposure occurred disturbingly often among family members and residential neighbors of asbestos workers.

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When workers returned home with asbestos fibers clinging to their clothes, skin and hair, the fibers were dispersed throughout their homes. This ongoing household contamination caused women and children to inhale or ingest the fibers, leading to lung cancer and mesothelioma cases decades later. Even washing a worker's clothes could stir up harmful levels of asbestos.

What makes asbestos exposure so insidious is the long latency period between first exposure and onset of disease. Lung cancer and mesothelioma typically develop 20-50 years after initial asbestos exposure. This time gap means people are often retired by the time symptoms arise, and they struggle to recall distant asbestos encounters from early in their careers.

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The cellular damage occurs silently at first, until enough mutations, scarring and inflammation trigger uncontrolled malignant cell growth. As tumors grow and spread, they cause symptoms like chronic cough, chest pain, wheezing, weight loss and fatigue. By the time asbestos cancer is diagnosed, it is often advanced to later stages.

If you or a loved one has lung cancer from occupational, military or environmental asbestos exposure, you can pursue legal action against the organizations responsible. Filing a lawsuit not only obtains fair compensation to cover medical bills and lost wages, but also holds irresponsible corporations accountable. Companies that manufactured, supplied and utilized asbestos did so fully aware of asbestos health hazards for nearly a century. Yet they still chose profits over human lives and safety, failing to protect employees or consumers adequately. Their negligence and deception must not go unchallenged. Braver Law is ready to fight for the compensation you deserve.

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Braver Law asbestos litigation attorneys will evaluate your exposure history and medical records free of charge to determine if you qualify for an asbestos trust lawsuit or personal injury lawsuit in your state. We will explain your legal options and oversee your case from start to finish. Reach out today to find out how Braver Law can help your family recover compensation and justice.

Each state has unique laws determining the statute of limitations that applies to asbestos injury claims. These laws dictate how long after you develop an asbestos-related disease, or should have known you were sick due to asbestos, you are allowed to file a claim. It gets even more complex in terms of how the rules apply if the victim has passed away. And if any defendants file for bankruptcy protection, that can further impact statutes of limitations; freezing existing claims and requiring submission of proof of claims by preset bar dates. The most effective strategy is to get in touch with an asbestos lawyer as soon as possible to ensure that you maximize your chances of getting compensation in a timely manner.

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With strict time limits and so many variables impacting asbestos claims, it is imperative you contact an asbestos lung cancer law firm as soon as you receive a diagnosis of an asbestos cancer or respiratory disease. Our lung cancer lawyers will conduct extensive research into statutes that affect your specific case. We ensure the necessary forms and documents are submitted well before deadline dates for all potential sources of recovery. Letting deadlines quietly lapse could make you ineligible for hundreds of thousands of dollars in rightful compensation, so partnering with a law firm experienced in meeting these deadlines is key after diagnosis.

Braver Law works on a contingency fee basis which means zero charges or expenses get passed onto your family without your authorization first. We only collect legal fees as a percentage of financial recoveries when we successfully win compensation in your case. If no settlement or verdict payment is obtained for you, then you pay nothing at all to our firm despite all the work involved. This guarantees aligned incentives so our lawyers are highly motivated to maximize your financial compensation.

If you have developed lung cancer or another asbestos disease, three potential sources of financial compensation may be accessible to you: asbestos bankruptcy trust funds, personal injury lawsuits, and pre-trial settlements. Pursuing compensation through all these avenues simultaneously is the best strategy to maximize your total recovery amount. This can best be orchestrated by an experienced asbestos law firm with extensive knowledge of these processes.

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Asbestos Trust Funds

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Asbestos bankruptcy trusts were set up as a result of dozens of companies declaring Chapter 11 bankruptcy due to overwhelming volumes of asbestos lawsuits and liabilities. To stay operable, these companies were mandated to establish victim compensation trusts before emerging from bankruptcy. There are currently 60 asbestos bankruptcy trusts holding over $30 billion in total assets available to victims diagnosed with asbestos related conditions. 

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Each trust has a claims process for submitting medical proof of your illness and records of exposure to their products. If approved, you are awarded tax-free settlement payouts based on disease severity charts. Trust claims are faster and easier to process than lawsuits, paying valid claims from a few months to a couple of years after filing. Combining compensation from multiple companies' trusts can yield substantial cumulative payouts.

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Personal Injury Lawsuits

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Filing a personal injury or wrongful death lawsuit against liable companies provides another avenue for compensation if trust fund recoveries are insufficient relative to your damages. Lawsuits also empower victims to hold defiant corporations publicly accountable at trial through large jury verdicts. Our firm's asbestos litigation lawyers will strategically bring well-evidenced cases before juries in plaintiff-friendly jurisdictions. 

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This can motivate reasonable settlement offers pre-trial. We meticulously present convincing medical causation arguments, exposure records, and testimony from renowned medical experts. Juries continue awarding multi-million verdicts against companies placing profits before human health and safety. If you or your loved one's lung cancer came from asbestos exposure decades ago, lawsuits deliver the best chance at fair and just compensation today.

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Pre-Trial Settlements

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The majority of all civil lawsuits settle out-of-court before reaching a verdict. The litigation pressures companies to offer reasonable settlements or risk exponentially greater jury punishment. Braver Law systematically drives up settlement value in your favor by presenting a formidable case proving clear liability. We leverage precedent case outcomes, medical evidence, testimony, litigation analytics, peer-reviewed research, financial modeling and plaintiff-biased jurisdictions. 

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Strict confidentiality ensures no word of these deals reaches public awareness or damages the value of other clients' ongoing legal matters. For your sake and others, we silently hold corporations accountable through consistently negotiated pre-trial settlements.

For decades asbestos companies valued profits over human lives by concealing clear evidence of lethal health consequences. They suppressed medical research, propagated false safety claims, and continued utilizing asbestos long after viable substitutes existed. This conscious betrayal and dishonest greed rightly warrants substantial punishment.

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Seeking punitive damages through asbestos lawsuits serves to punish unacceptable corporate misconduct and deter future occurrences. Punitive awards get presented to juries after finding a defendant liable. Juries may award punitive damages given evidence showing "clear and convincing" wrongful behavior like:

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• Intentional false statements about asbestos safety
• Concealing inculpatory scientific research
• Failing to warn employees/customers of hazards
• Putting asbestos profits over consumer welfare

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Punitive awards legally cannot seek to enrich plaintiffs, but instead vindicate public interests protecting society. The size of punitive damages correlates to:

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• The degree of reprehensibility of the defendant's actions
• The disparity between actual damages and punitive damages
• Comparison to civil penalties in comparable cases
• Defendant's financial state -- a wealthier company can withstand a larger fine

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Jurisdictions set caps on punitive damages preventing unreasonable awards depriving funds from future victims. But seven and eight-figure punitive awards serve their purpose by inflicting severe financial consequences through shrinking market capitalization, credit downgrades, stock volatility and threats of shareholder derivative lawsuits against management. Our lung cancer attorneys are ready to relentlessly pursue justice for victims wrongly harmed by corporations that valued profits over human health and life.

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Over the decades since widespread asbestos injuries surfaced, dozens of major asbestos corporations declared Chapter 11 bankruptcy due to overwhelming litigation liabilities. However, as a condition of restructuring, these companies were required to establish asbestos injury trusts, aggregating billions in assets to fairly compensate present and future victims. There are currently 60 trusts holding over $30 billion.

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These trusts each have specific eligibility medical criteria and exposure documentation requirements that qualified asbestos injury victims must supply. Upon trust approval, standardized payments are made out based upon the diagnosed disease and severity.  Our asbestos lawyers work to maximize your compensation across a range of potential avenues, including bankruptcy, trust, and lawsuits just to name a few.

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This trust payout pathway typically takes 1-2 years for qualified recipients. Trust claim analysts have less incentive than lawsuits to minimize or delay payments. Standardized trust distribution procedures combined with vast reserves give this option advantages over lengthy litigation. However since most trusts only pay a percentage of historical verdict values for similar injuries, other options may yield far greater compensation. Our lung cancer lawyers simultaneously work trust claim approvals while investigating your additional rights to sue in civil court for full negligent asbestos exposure damages, ensuring you ultimately receive maximal restitution.

If trusts and settlements offer inadequate compensation relative to your suffering, filing personal injury litigation against liable parties may be the best recourse. Our lung cancer lawyers pursue cases where the facts and health tragedies demand courtroom accountability and consequence upon those responsible.

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The litigation process timeline generally spans 12-24 months as follows:

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Investigation (~3 months)

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• Order medical records
• Meet with doctors
• Research exposure sites
• Identify potential defendants

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Pre-trial (~12 months)

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• File complaint
• Discovery motions
• Depositions of plaintiff + experts
• Compel defendants to produce documents

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Trial prep (~6 months)

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• Develop legal arguments
• Prepare experts and witnesses
• Litigation motions
• Settlement negotiations

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Trial (~1-2 months)

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• Jury selection
• Opening statements
• Call witnesses and experts
• Cross examination
• Closing arguments

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Verdict

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• Jury deliberates damages
• Judge enters judgment
• Post-verdict motions

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Appeals process

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This process requires asbestos litigation and lung cancer lawyers familiar with: pertinent case law, previous verdicts, medical nuances, liability discovery, advanced trial skills, trustworthy experts, and much more. Rest assured Braver Law consistently uses the necessary resources and talent required to effectively pursue cases warranting courtroom attention. We stand ready to fight for justice when those you love endure pain and suffering wrongfully inflicted by corporations.

Given costly risks and disruption of full-blown trials, the majority of civil lawsuits settle confidentially before reaching trial. Asbestos manufacturers habitually leverage this reality into delaying earnest settlement talks until late in the pre-trial process, assuming cash-strapped plaintiffs will accept discounted offers.

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However, Braver Law systematically employs proven strategies expediting reasonable settlements benefiting victims. By front-loading case investment and preparing air-tight claims proving clear liability, we motivate proposals years earlier; maximizing the time value of compensation while minimizing legal expenses subtracted.

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We also craft thorough personal profiles humanizing victims as precious individuals vs faceless docket numbers. These inspire compassion and conscience in claims adjusters inclined to justify callousness against stereotyped “ambulance chasers”.

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Through compassionate humanity, precedent education and demonstrating litigation preparedness, Braver Law will handle your asbestos lawsuit settlements delivering substantial restitution years ahead of hopeless trial waits. If settlements still deprive rightful damages for all you have suffered, we will proceed to trial fully able to win maximum compensation verdicts before a jury of your peers. 

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If you or a loved one has suffered due to asbestos exposure, contact the lung cancer layers at Braver Law to get a case evaluation and file a claim.