Mesothelioma law

Mesothelioma is one of the most common conditions associated with asbestos exposure. Many people all around the world have been diagnosed with it due to working or living in areas where asbestos exposure was prominent. This has led to the filing of many cases pertaining to mesothelioma law. While these lawsuits are now common, there are still some things that one should keep in mind in order to fully understand what makes a mesothelioma lawsuit and how to go about filing one.

Contents 1 Why file for a mesothelioma lawsuit 2 Types of mesothelioma lawsuits 2.1 Class action mesothelioma lawsuit 2.2 Standard mesothelioma lawsuit 2.3 Wrongful death lawsuit 3 Mesothelioma lawsuit settlements 4 Mesothelioma litigation 4.1 The investigation 4.2 Filing the claim with the courts 4.3 The discovery process 4.4 Trial 4.5 The option of a settlement 5 Hiring a mesothelioma lawyer 5.1 What to look for in a mesothelioma lawyer 5.1.1 The reputation of the law firm 5.1.2 The law firm's standing with the better business bureau 5.1.3 The law firm's knowledge on mesothelioma lawsuits 5.1.4 Mesothelioma cases won by the law firm 5.2 The cost involved with hiring a mesothelioma attorney 6 Mesothelioma law firms 7 References

[edit] Why file for a mesothelioma lawsuit

Mesothelioma is a condition that comes with high medical costs as well as a need for one to change up their lifestyle in order to live with it in an efficient manner. It's not uncommon for people to take money out of their life's savings in order to treat mesothelioma or continue when they're no longer able to work. Mesothelioma law is designed to help provide assistance for asbestos exposure victims by allowing them financial compensation needed due to a diagnosis of mesothelioma.^[1]

Not only would filing a mesothelioma lawsuit help one financially, but it will also hold the companies accountable for putting them in harm's way. The fact is that many companies knew about asbestos and the health risks that it posed. However, a lot of these companies still continued to use it and expose their employees to it. What this caused was an asbestos controversy and it's something that they do need to be held accountable for. Mesothelioma lawsuits have done just this.

[edit] Types of mesothelioma lawsuits

Over the years there have been countless lawsuits filed due to the diagnosis of mesothelioma caused by asbestos exposure. There are 3 common types of mesothelioma lawsuits that help classify the way that they're handled.^[2]

[edit] Class action mesothelioma lawsuit

Class action mesothelioma lawsuits refer to cases where more than one person is involved. Simply put, this is a group of people diagnosed with mesothelioma due to asbestos exposure. When a class action lawsuit is filed, the law firm representing the parties involved will work for the group as a whole rather than one at a time. This may be a good option if one wants to avoid trial and have more of a chance of the defendant proposing a settlement. When a verdict is reached the group will split the award among each other.

Many times a class action lawsuit happens and the prospective individuals involved will receive a written notice that they're part of this case. No response means that you agree to being a part and that you don't want to be taken out of the class action mesothelioma lawsuit. If one wants to pursue the case on their own they need to opt-out at this time.

[edit] Standard mesothelioma lawsuit

A standard mesothelioma lawsuit refers to a case where one party is involved. The party involved must be the one who's been diagnosed with mesothelioma due to asbestos exposure. This is the most common form of mesothelioma lawsuit filed today.

[edit] Wrongful death lawsuit

This type of mesothelioma lawsuit is reserved for those who have lost a family member due to mesothelioma that was caused by asbestos exposure. The laws do vary from state to state as far as classifying a wrongful death due to asbestos exposure.

[edit] Mesothelioma lawsuit settlements

• Shell Oil was faced with a mesothelioma lawsuit filed on behalf of James H. James H. was a roofer who had been employed 2 weeks out of every year (for a period of 10 years) to work on the Shell refinery located in Wood River, Illinois. The tasks that were laid out in front of him included working on the roofs of large tanks used by the refinery. This exposed him to areas where asbestos was being used and Shell Oil didn't make him aware of the dangers that had been associated with asbestos. In fact, Shell Oil was first made aware of the dangers of using asbestos in the 1930s which gave them the knowledge that they held back from this worker. This is what sparked this particular mesothelioma lawsuit that paid James H. a total of $35.1 million.

James H.'s exposure to asbestos led to him being diagnosed with mesothelioma when he reached his 60s. He wasn't able to be cured and this ended up leading to his death. ^[3]

• The Cooney and Conway law firm recounted a case that involved an insulator by the name of Kevin B. who was exposed to asbestos and had been diagnosed with mesothelioma which led to his death. This mesothelioma lawsuit was taken to trial which resulted in an award of $12.3 million. ^[4]

• Hugh W. was an employee in the Johns Manville plant where he became exposed to asbestos that later resulted in a diagnosis of mesothelioma. This case ended up going to trial in the United States District Court for the Northern District of Illinois. The results of this mesothelioma trial resulted in his family reaching a verdict of $4 million. Manville claimed that their bankruptcy filing would void the need to make a payment to the family. Once this claim was made, an appeal had been filed with the United States Court of Appeals for the Second Circuit. This appeal led to the release of the $4 million payment to the family of Hugh W. ^[5]

• John H. was an electrician who filed a lawsuit due to his diagnosis of mesothelioma that was caused by his exposure to asbestos. Shortly before his trial he passed away. The case went on to trial and the jury awarded Mr. H's widow and children a total of $3.5 million. ^[6]

• In 1996, a lawsuit filed by the Cooney and Conway law firm on behalf of Robert P. was the result of exposure to asbestos while installing insulation. Shortly after the trial started, a settlement of over $3 million was agreed to by both parties. ^[7]

• A lawsuit filed against DaimlerChrysler AG in 2006 was the results of a former employee losing his right lung due to mesothelioma that was caused by his exposure to asbestos. The asbestos exposure was caused by relining the brakes of Chrysler vehicles for about 20 years. The result of this case ended up in Chrysler carrying a charge of "reckless disregard for the safety of other" and a payment of $25 million was ordered. ^[8]

• A 71 year old man who was diagnosed with mesothelioma filed a lawsuit against Kerr Corp. Dental Supply Company due to his belief that his condition was caused by handling dental casing tape that was manufactured by them. The dental casing tape that they manufactured was thought to contain asbestos. In the trial he was awarded over $16 million and Todd Shipyards as well as Dentsply Corp. were discovered to play a part in contributing to his diagnosis of mesothelioma as well.^[9]

• A $21 million award was given to a San Francisco, CA woman who was exposed to asbestos while working as in the construction industry remodeling homes. This exposure led to her diagnosis of mesothelioma that occurred 2 years before filing this lawsuit. She had reached settlements with all of the manufacturing companies involved besides Georgia Pacific. It was discovered during the trial that Georgia Pacific manufactured the product containing asbestos even after they were made aware of the health risks that were involved with it. Georgia Pacific ended up having to pay out $7 million (which was included in the overall award total). ^[10]

• A case filed against the Exxon Mobil Corporation by Levy Phillips Konigsberg LLP on behalf of Bonnie Anderson was the result of a diagnosis of peritoneal mesothelioma. Ms. Anderson was exposed to asbestos by her husband's work clothes which brought home asbestos fibers. Neither party was aware that the asbestos was being brought home. She was awarded over $7.5 million when the court came to a conclusion on the case. ^[11]

• A lawsuit filed by the widow of her husband who passed away due to mesothelioma that was cause by his asbestos exposure while working in warehouses that manufactured various auto parts led to one of the biggest mesothelioma awards in the history of the state of New Jersey. A total of $30.3 million was awarded to Susan Buttitta.^[12]

[edit] Mesothelioma litigation

Mesothelioma lawsuits are completed in several stages. This is due to the work involved in preparing the case for court and to ensure that the courts follow each and every step that they're required to follow.^[13]

[edit] The investigation

Each mesothelioma law firm employs an investigator to collect essential data needed to prove your case. The investigation process will include answering question about the claimant's family, current state of health, and employment history.

[edit] Filing the claim with the courts

The law firm handling the mesothelioma case will file a claim against the company that caused the asbestos exposure as well as any companies associated with manufacturing, carrying out distribution, or installing the materials that caused the mesothelioma to develop over time. The companies included in the case will have 1 month to respond to the allegations made by the claimant's law firm.

[edit] The discovery process

The discovery process can be thought of as the time needed for planning the mesothelioma lawsuit. Both sides involved in the case will need to gather subpoenas and any other information that presents their case to the court in the most favorable manner.

[edit] Trial

Once the discovery process is completed, the plaintiff's attorney will move forward towards scheduling a trial with the courts. This is where the case will be presented and a verdict will be rendered.

[edit] The option of a settlement

There are a lot of instances where mesothelioma lawsuits conclude due to a settlement that was reach between both parties in the case. This will eliminate the need for the trial to continue and the case will be considered closed.

One common tactic is that companies will actually claim that they're not responsible for paying the award due to a bankruptcy filing. However, there have been numerous trusts formed to compensate mesothelioma victims. If there is a trust to handle the settlements for asbestos exposure claims one's lawyer would need to take the steps in order to attain the compensation for their client.

[edit] Hiring a mesothelioma lawyer

Hiring a mesothelioma lawyer takes some consideration. The reason for this is that one needs to be able to know that they're in good hands while their mesothelioma case is being presented to the court. There are a few things that you can use as a guideline when selecting one of the many mesothelioma law firms out there to ensure that you make a wise decision. ^[14]

[edit] What to look for in a mesothelioma lawyer

There are a few things that one can do in order to assure that they're making the best choice for a mesothelioma lawyers.

[edit] The reputation of the law firm

The reputation of a law firm can usually be checked with the help of the local Bar Association. Knowing whether or not the law firm is known for upholding high standards is essential to understanding whether or not they'll take the case seriously.

[edit] The law firm's standing with the better business bureau

The Better Business Bureau allows consumers to check on the reputation of companies that they've had with consumers in the past. Choosing a law firm in good standing with the BBB is a good start to weeding out the best from the rest.

[edit] The law firm's knowledge on mesothelioma lawsuits

When one is going through a mesothelioma lawsuit, it's critical that they have someone representing them that has first-hand experience with mesothelioma law and other cases regarding asbestos exposure. In order to assure this, one could check and see what kind of cases the law firm has had in the past and whether or not they're known for bringing in positive results in the world of mesothelioma law.

[edit] Mesothelioma cases won by the law firm

This tells a lot about any attorney that one is considering. If a law firm has had numerous settlements of a great value then the odds are that they can do the same for their future mesothelioma cases. Not only does this tell one how much success they've had, but it will also make them informed about how much experience backs the law firm.

[edit] The cost involved with hiring a mesothelioma attorney

Reputable mesothelioma firms usually charge only when the case is won.^[15] The fee is a percentage based upon the awarded amount. This is important to keep in mind as paying up front can be an expensive venture. Law firms who know they have a chance in representing a mesothelioma case the best shouldn't have any problem waiting for their pay until the case is settled.

[edit] Mesothelioma law firms

[edit] References

1. ↑ http://www.mesorc.com/mesothelioma-lawsuits/legal/filing-a-lawsuit
2. ↑ http://www.mymesorights.com/mesothelioma-lawsuits-settlements.php
3. ↑ http://www.cooneyconway.com/CM/AsbestosLitigation/AsbestosLitigation11.asp
4. ↑ http://www.cooneyconway.com/CM/AsbestosLitigation/AsbestosLitigation11.asp
5. ↑ http://www.cooneyconway.com/CM/AsbestosLitigation/AsbestosLitigation11.asp
6. ↑ http://www.cooneyconway.com/CM/AsbestosLitigation/AsbestosLitigation11.asp
7. ↑ http://www.cooneyconway.com/CM/AsbestosLitigation/AsbestosLitigation11.asp
8. ↑ http://www.lawyershop.com/practice-areas/asbestos-mesothelioma/settlements
9. ↑ http://www.lawyershop.com/practice-areas/asbestos-mesothelioma/settlements
10. ↑ http://www.lawyershop.com/practice-areas/asbestos-mesothelioma/settlements
11. ↑ http://www.lpklaw.com/peritoneal-mesothelioma-compensation-082010.php
12. ↑ http://www.lpklaw.com/newjersey-mesothelioma-verdict.php
13. ↑ http://www.mesolink.org/mesothelioma-lawsuit/filing-a-mesothelioma-lawsuit.html
14. ↑ http://bidsfromlawyers.com/files/HowToAvoid.html
15. ↑ http://www.mesolink.org/mesothelioma-lawsuit/filing-a-mesothelioma-lawsuit.html

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