Mesothelioma and Asbestos

Have you or a loved one been diagnosed with lung cancer or mesothelioma after exposure to asbestos? In the late 19th century and first half of the 20th century, asbestos was considered an ideal material for use in the construction industry. It was known to be an excellent fire retardant, to have high electrical resistance, and was inexpensive and easy to use.

However, by the middle of the 20th century, it began to become clear that asbestos is extremely dangerous to humans when the fibers become airborne and are inhaled. Asbestos particles are very small and are suspended in the atmosphere. When the extremely sharp fibers enter the lungs, the lungs cannot expel them. Despite strict regulations being put in place around companies using asbestos beginning in the 1970s, remarkably it is still legal to this day.

Lung cancer and mesothelioma are both caused by direct exposure to asbestos, and if you or a loved one have been exposed, you may have a claim for monetary damages.

Mesothelioma

If you or a loved one are suffering from mesothelioma, an asbestos exposure lawsuit may be in order. Mesothelioma is cancer of the mesothelium, a membrane that lines the inside of the body’s cavities, such as the abdomen or chest. Three out of every four cases of mesothelioma disease begin in the chest cavity. Mesothelioma can also begin in the abdominal cavity and around the heart.

Asbestos is the only definitive cause of mesothelioma. When asbestos fibers are inhaled or ingested, they may become embedded in the lining of the lungs, abdomen or heart. Over time, the fibers cause inflammation and scarring. This irritation can eventually lead to the development of mesothelioma tumors. The average life expectancy for a mesothelioma patient is only 18 – 31 months after diagnosis, but prognosis may improve with treatment.

Lung Cancer

People who have had direct exposure to asbestos are at risk of developing asbestos-caused lung cancer. Lung cancer caused by exposure to asbestos has virtually the same symptoms, treatment options, and prognoses as other forms of lung cancer. Most lung cancer in people exposed to asbestos in the workplace occurs at least 15 years after exposure. Workers who smoke have an even greater risk of developing lung cancer as a result of the combination of tobacco use and asbestos exposure. However, just because a person has a history of smoking does not mean they cannot make a successful claim if they were also exposed to asbestos.

Asbestos Lawsuits

Most asbestos lawsuits involve asbestos companies and manufacturers that acted negligently. An asbestos lawsuit does not generally mean suing your former employer or any of the U.S. military branches. People working in a wide variety of professions and trades have been exposed to asbestos, which include, but are in no way limited, to the following:

  • Auto Mechanics
  • Boiler Repairs
  • Building Inspectors
  • Carpenters
  • Construction Workers
  • Electricians
  • Insulation manufacturers
  • Insulators
  • Navy or Shipyard Workers
  • Pipefitters
  • Plasterers
  • Plumbers
  • Railroad Workers
  • Roofers
  • Ship builders
  • Steamfitters
  • Welders
  • Blacksmiths
  • Other Trades

There are many people who have been diagnosed with lung cancer or mesothelioma that have been directly exposed to asbestos without knowing about it. Such people often still have a valid claim. Even if you’re not certain that you were directly exposed to asbestos, we can help you evaluate whether or not you qualify for a claim. Moreover, exposure to asbestos many decades ago can still result in a successful claim. We have clients whose exposure goes back to the 1950s. However, it’s still important to move fast because there are statutes of limitations in place which can sometimes time bar an otherwise valid claim.

Types of Claims

The three types of claims for both lung cancer and mesothelioma cases are trust fund claims, personal injury claims and wrongful death claims. Anyone diagnosed with lung cancer or mesothelioma can file a trust fund or personal injury claim, while only family members can file a wrongful death claim.

Trust Fund Claims

Many negligent asbestos companies established trust funds after going bankrupt. They created asbestos trusts to pay out current and future claims. More than $30 billion is set aside across more than 65 trust funds. Asbestos trust funds provide compensation for asbestos victims and their families. The amount each person receives depends on several factors, including the extent of illness and the total number of people making claims on the individual trusts. Since funds have already been allocated, many of these cases can move through the system quickly. We know that cancer treatment is extremely expensive, and that you need funds from your settlement as soon as possible.

Personal Injury

A person diagnosed with lung cancer or mesothelioma is eligible to file a personal injury lawsuit against the companies responsible for exposing them to asbestos. Asbestos liability is usually based on companies’ failure to warn employees and consumers about the dangers linked to inhaling the toxic mineral.

Wrongful Death Claims

The estate of a deceased lung cancer or mesothelioma patient is eligible to file a wrongful death claim, seeking compensation to cover medical bills, funeral expenses and lost income. Similarly, if a patient files a personal injury lawsuit but passes away before it is resolved, the estate may continue the claim. When compensation is awarded in wrongful death lawsuits, the estate is the recipient.