An asbestos mesothelioma lawsuit is a means for a victim to get justice and accountability by way of a multimillion dollar settlement or jury verdict against asbestos manufacturers or an asbestos trust funds. This is compensation for suffering caused to victims and the potential death of the victim. If you or a loved one suffered from the devastating effects of mesothelioma, you have the right to compensation. Victim’s diagnosed with mesothelioma as a result of asbestos exposure can expect to receive lucrative jury awards or asbestos lawsuit settlements that can reach eight figures under certain scenarios. What is a mesothelioma average settlement scenario? The average mesothelioma settlement ranges from 1 million to 2 million dollars. A lucrative settlement or jury award of millions cannot fully compensate for a life that will likely be cut short and the terrible symptoms of mesothelioma. If you are looking to get justice and compensation by way of a mesothelioma lawsuit, contact the best mesothelioma lawsuit lawyer. Thankfully, the abestos mesothelioma lawsuits are not mesothelioma class actions. Individual asbestos lawsuits would have a much higher average mesothelioma settlement than a class action payout. A mesothelioma lawsuit after death can be filed by an attorney for an estate as a wrongful death lawsuit. Loved ones such as a spouse or children of a mesothelioma or cancer decedent may be able to pursue an asbestos lawsuit after a family member’s death. Many people are wondering and are too afraid to ask their lawyers, “what is mesothelioma?”
Please call our 24 hour mesothelioma lawsuits Phone number 24/7 to speak with a lawyer 1-888-735-7881
**This post was updated by an attorney on February 4th, 2023 to provide the most up to date information and updates to mesothelioma victims.
There are two different kinds of mesothelioma lawsuits. If the asbestos victim is alive, it is a personal injury claim. If mesothelioma caused a death then the lawsuit is a wrongful death claim. Mesothelioma victims can seek millions in compensation from asbestos manufacturers as well as asbestos trust funds. The average mesothelioma settlement is 1 million to 1.5 million. The average asbestos lawsuit trial verdict obtained by the best mesothelioma lawyers is between 4.9 million and 12 million. Financial remuneration from an asbestos payout is mostly and usually not taxable pursuant to federal and state tax regulations. However, victims are encouraged to consult with a CPA ot tax attorneys to determine the taxability of a mesothelioma payout settlement.
An asbestos lawsuit is a cause of action pursued by asbestos victims or their estate against the corporations or trust funds that manufactured products which contained asbestos that caused harm to the victim leading to a mesothelioma diagnosis, lung cancer, or asbestosis.
Average mesothelioma settlements
Mesothelioma settlement amounts can be very lucrative ranging from $1,000,000 to $2,000,000 or more. Mesothelioma trial verdicts average between $5.5 million and $12 million. An average asbestos lawyer will get you a below average asbestos settlement amount. The best asbestos law firm will get you top compensation and generational wealth for your family. If you or a loved one has been diagnosed with mesothelioma, first focus on getting world class medical care. Next, hire a high powered law firm who can win a mesothelioma verdict at trial or get a far above average mesothelioma settlement. Mesothelioma lawsuit settlement amounts dont just happen, they are earned and won by the best mesothelioma lawyers in the United States.
Mesothelioma is a deadly type of malignant tumor that affects the lungs. Mesothelioma is a very rare condition and is usually deadly. The disease is associated with asbestos. People with prolonged exposure to asbestos have a greater likelihood of developing the disease. Mesothelioma can be treated like any other disease. There is a 90 percent likelihood that a victim diagnosed with mesothelioma, no matter what stage it is, will not survive past five years. Asbestos exposure has resulted in the longest mass tort lawsuit in United States history. Believe it or not, the lawsuit is still ongoing.
The History of Asbestos
Believe it or not, asbestos use dates back over 5,000 years. It is believed that the bodies of ancient Pharaohs in Egypt were wrapped in asbestos in order to preserve them. There are references to asbestos in Greek history. In fact, the meaning of the word asbestos derives from Greek and it refers to the fact that it resists fire. There is at least some mention of the fact that in ancient times, those who worked mining asbestos became ill with a mysterious disease although there was no documented between asbestos and any specific disease. Some historians were able to hone in on the fact that asbestos caused illnesses of the lungs.
Asbestos continued to be used throughout ancient times and through the Middle Ages. The uses of the substance expanded as things needed to be preserved. However, until the 1800s, use of asbestos was not widespread as it could not be mined efficiently and there was not a sustained need for the product.
Mesothelioma, Asbestos and Health Dangers
This all changed with the advent of the Industrial Revolution. This meant that asbestos was needed for more applications and could be used commercially. Asbestos was needed for many of the new technologies such as turbines and steam engines that required a versatile yet fireproof product. In order to keep up with the growing demand, the asbestos mining industry entered a boom period. New sources were located across the globe and production skyrocketed. Technological advances improved the speed and efficiency of the mining, allowing companies to take more asbestos from the ground.
Asbestos began to be used in the United States in the mid-1850s. The H.W. Johns Manufacturing Company pioneered the use of asbestos in many new applications. As the 19th century drew to a close, asbestos seems to be the perfect accompaniment to the diversifying U.S. economy. Asbestos usage and mining fed each other in a symbiotic relationship. The more uses for asbestos, the more that it was taken from the ground. The more asbestos that was mined, the more that manufacturers found additional uses for it.
When was asbestos banned?
The United States Government has not completely banned asbestos products in the United States. On July 12, 1989, the Environmental Protection Agency set forth a regulation which banned most products that contained asbestos fibers. However, in 1991 this bAn was overruled by the Fifth Circuit Court of Appeals in New Orleans. Because of the legal ruling, the 1989 asbestos rule “only bans new uses of asbestos in products that would be initiated for the first time after 1989 and bans the following specific asbestos-containing products: flooring felt, rollboard, and corrugated, commercial, or specialty paper.” epa However, over 60 countries have issued bans of the asbestos mineral. In 1976, The National Institute for Occupational Safety and Health (NIOSH) was the first United States agency to ask for a ban on asbestos at work sites. This request did not lead to any ban but caused companies to rethink asbestos usage.
Is asbestos banned in any states?
The state of New Jersey banned asbestos in in 2018. This was welcome news to New Jersey mesothelioma lawyers. What were the terms of the New Jersey ban? The law was effective on September 1, 2019 and the NJ law banned the sale or distribution of asbestos containing products. Much to the chagrin of Connecticut mesothelioma attorneys, a similar bill did not pass in Connecticut. Many states have enacted very strict fines for asbestos.
California Asbestos Law
The state of California has enacted laws to lower asbestos exposure in California. In 2007, California legislators agreed to modifications to Title 8. These changes mandate that employers take specific actions to lessen asbestos exposure. California employers must also document asbestos exposure. The CA law also mandates that schools keep asbestos abatement documents for at least 30 years.
Asbestos Laws in New York
New York has quite a lot of asbestos laws. Alarmingly, United States asbestos manufacturing commenced in New York state in the mid-1800s. This resulted in many New York workers developing mesothelioma symptoms as well as asbestosis. New York has enacted legislation to lower exposure to asbestos fibers. This legislation will ensure victims may be able to seek compensation through a settlement or verdict in the New York court system. New York Mesothelioma law firms are very cognizant of the law and will fight to get victims justice and accountability.
Pennsylvania Asbestos Law
At one point in time, Pennsylvania once was one of the top five U.S. states for asbestos litigation. Legislators in Pennsylvania gave autonomy to the Courts to manage asbestos cases. There are set procedures on determining PA mesothelioma lawsuits. Pennsylvania mesothelioma lawyers often bring lawsuits in Pennsylvania state court.
Rhode Island Mesothelioma attorneys
A Providence asbestos law firm will understand how to get you the highest possible mesothelioma settlement in Providence Superior Court. A RI mesothelioma lawyer will know the inner working of rhode Island Courts to get you a possible 8 figure mesothelioma verdict ($10,000,000 million plus). If you have the best Rhode Island mesothelioma lawyer, you should not be seeking an average mesothelioma settlement, you should be seeking the highest compensation possible.
Massachusetts Asbestos law firm
If you are a Massachusetts resident and are a mesothelioma victim, contact a mesothelioma lawyer who is one of the best MA asbestos attorneys in the world. This Boston law firm with top Massachusetts asbestos attorneys will get you way more than the avergae mesothelioma settlement.
Asbestos claims payout
It is crucial that victims are cognizant of the asbestos claims payout process. Nearly all of the best mesothelioma attorneys near me represent clients on a ‘no fee unless we win basis.’ As we have stated numerous times, none of the mesothelioma lawsuits are class action suits. The best mesothelioma law firms will never charge a fee or costs unless they win or settle your claim. Why would you hire a local traffic ticket lawyer a few days out of law school when you could have the best mesothelioma lawyer in the world? The fact that a decent percentage of lawsuits constitute a mesothelioma lawsuit after death, means that the stakes are high and compensation can range into tens of millions of dollars. If you are looking to file an asbestos lawsuit, you should contact us as soon as possible.
What is mesothelioma?
“Malignant mesothelioma (me-zoe-thee-lee-O-muh) is a type of cancer that occurs in the thin layer of tissue that covers the majority of your internal organs (mesothelium). Mesothelioma is an aggressive and deadly form of cancer. Mesothelioma treatments are available, but for many people with mesothelioma, a cure isn’t possible.” Mayo clinic
Asbestos usage in the United States peaked in the 1960s and into the early 1970s. At its peak, total demand in the United States exceeded 800,000 tons. Worldwide, the total usage neared five million tons of the substance. For the reasons that will be described below, usage of asbestos began to decline in the United States in 1973. Worldwide, demand began to recede after 1977. Regulators began to take action curtailing the use of asbestos although it has never fully been outlawed. While asbestos is not banned in the United States, its usage has been severely reduced. As of this writing, 66 countries around the world have banned the use of asbestos.
What Is Asbestos and its Connection to Mesothelioma?
Asbestos is a naturally occurring mineral that is found in the ground. It is a silicate mineral and was thought to have many characteristics that made it versatile and useful. For example, asbestos is able to be incorporated into many different things such as fabrics because its silicate nature makes it adaptable and flexible.
Asbestos is also resistant to heat and it does not corrode. For these reasons, the substance was used in a variety of different building materials. For example, asbestos was commonly found in insulation since it is fibrous yet non-flammable. It was also found in pipes because of its anti-corrosive nature. Asbestos was often thought of as a practically supernatural mineral because of its ability to be used in practically almost anything.
“If you or a loved one mesothelioma….”
However, there has always been some suspicion that asbestos was connected in some way to sickness. There have been anecdotal reports throughout history of lung ailments in people who have been around asbestos. Mesothelioma was not discovered until the mid 1700s when it was realized that the lining of the lungs was susceptible to a tumor. It was not until 1943, when a German study made the first concrete linkage between asbestos and mesothelioma. Still, asbestos continued to be used for decades after that before the science gained more widespread acceptance.
After the German study, there was additional research in South Africa, Great Britain and the United States that further documented the connection between asbestos and mesothelioma. By the conclusion of the 1960s, it was generally accepted that asbestos was the main cause of mesothelioma.
What Is Mesothelioma?
- While many people think of mesothelioma as solely a disease of the lungs, the truth is that it can impact more than just the lungs.
- Mesothelioma is a tumor that is found in tissue.
- This particular tissue can be found lining the heart, lungs, stomach or other organs.
- The thin layer of tissue that mesothelioma can affect lines most of a person’s internal organs.
- When a person inhales asbestos fibers, they collect in the body in the lining of these organs.
What are mesothelioma symptoms?
Symptoms of mesothelioma that you or a loved one may suffer through include:
- Pain in chest
- Coughing that is painful
- “Shortness of breath.
- Unusual lumps of tissue under the skin on your chest.
- Unexplained weight loss.” mayo clinic
Symptoms of Pleural mesothelioma (chest mesothelioma)
- Pain in the chest (side)
- Pain in the lower back
- Hoarseness of voice
- Difficulty breathing, breathlessness, shortness of breath
- Difficulty swallowing (The feeling like food may be stuck))
- Face and arms swelling
Symptoms of Peritoneal mesothelioma:
- Abdominal discomfort as well as pain
- Fluid in the abdomen area
- Swelling of the abdomen area
Mesothelioma takes its name from the mesothelial cells that become inflamed by asbestos fibers. Mesothelial cells are specialized cells that are found in various parts of the body. These cells then combine the tissue that is called mesothelium. This tissue performs an important function in the body. They line the organs and the mesothelial cells produce their own sort of lubricant that allows the organs to move smoothly without friction.
What are the mesothelioma causes?
- Asbestos exposure is the major cause of mesothelioma. Asbestos exposure is responsible for nearly 80 percent of all diagnosis.
- Residing with a person who suffered with asbestos exposure through work could increase a victim’s risk for a mesothelioma diagnosis. The reason for this is becuase particles of asbestos may possibly travel on clothing as well as skin.
- Exposure to radiation such as thorium dioxide. (a radioactive substance) This substance was utilized with X-rays for health condition diagnosis from 1920s to the 1950’s. Exposure to this dangerous substance could greaten the chances of developing mesothelioma.
- A history of mesothelioma in a family could greaten a victim’s likelihood of a cancer diagnosis.
Mesothelioma Statute of Limitations
The statute of limitations for mesothelioma lawsuits usually commences after a victim is diagnosed with mesothelioma. For a mesothelioma wrongful death lawsuit (Mesothelioma lawsuit after death), the time of death is usually the statute of limitations for a wrongful death lawsuit. The statute of limitations is typically between 1-3 years in most states. However the statute of limitations can be between 4-6 years in some states. The best mesothelioma attorney will explain the applicable statute of for your asbestos claim.
A statute of limitations is applicable to a class-action. Thankfully, class action suits are not part of asbestos litigation. Victims can be barred from obtaining compensation if they delay filing a lawsuit. You need to consult with one of the best lawyers for mesothelioma in the United States.
The “discovery rule” is a common law rule that determines when the statute of limitations commences. The typical discovery rule is that the statute of limitations in asbestos claims usually commences when a victim is diagnosed with mesothelioma and at death in wrongful death claims.
How much asbestos exposure causes mesothelioma?
- Rarely does short-term exposure to asbestos lead to a disease
- A one time exposure from a small renovation project will not likely cause mesothelioma.
- Cumulative exposure to asbestos is very problematic. This means frequent short term exposure can lead to mesothelioma.
- Certain Disasters may lead to asbestos-exposure.
What are Asbestos-Related Conditions?
- Mesothelioma: A malignant type of cancer that occurs in the lung linings as well as the abdomen.
- Lung Cancer: Approximately 5% of lung cancer diagnosis are caused by exposure to asbestos.
- Atelectasis: Scarring as well as inflammation causing the pleural lining to fold.
- Diffuse Pleural Thickening: Serious scarring which is thick in the lining of the lungs (pleural).
- Ovarian Cancer: In 2012, the International Agency for Research on Cancer determined that asbestos can result in ovarian cancer.
- Laryngeal Cancer: In 2006, the National Institutes of Health determined that asbestos can lead to laryngeal cancer.
- Pleurisy: Lead to serious inflammation of the pleural lining, Some medical professional describe this as pleuritic pain.
- Asbestosis: This condition leads to inflammation of the lung tissue and scarring of the lung tissue (progressive). This can result in difficulty breathing.
- Pleural Plaques: This a particular area which is fibrous thickening of lung lining.
- Pleural Effusion: Fluid that builds up near the lungs leading difficulty breathing.
Asbestos and mesothelioma
These mesothelial cells grow just like any other cell in the body. This means that abnormal cell growth can cause cancer among the cells just like it can anywhere else in the body. Some of these tumors can be benign, but malignant tumors of these cells are called mesothelioma. Most of the tumors in this area will tend to be malignant.
There are four different types of mesothelioma, depending on where in the body it impacts. The different types of mesothelioma are as follows:
Pleural mesothelioma is the most common form of the disease. About 75 percent of mesothelioma cases are of this variety. This type of mesothelioma occurs when mesothelioma impacts the lungs. This type of mesothelioma is caused almost solely by exposure to asbestos.
Pleural mesothelioma is caused when a person inhales asbestos fibers into their lungs. The fibers then migrate to the pleural tissue, where a tumor then forms. Pleural mesothelioma takes many years to materialize, and the cells will tend to become irritated first, although symptoms of the tumor take a while to become detectable. As with many types of mesothelioma, diagnosis only occurs at a later stage.
If you or a loved one has been diagnosed with mesothelioma…
Eventually, pleural mesothelioma grows into a mass that affects the surrounding lung. This can lead to pleural fluid in the chest cavity. The combination of the tumor surrounding the lung and the fluid in the chest will cause the patient to suffer difficulty breathing. Symptoms of pleural mesothelioma can also include a raspy cough, coughing up blood, difficulty swallowing and shortness of breath. Why are so many people searching, “if you or a loved one mesothelioma?” The reason is people only want the best for themselves and their loved ones who go through the devastating affects of asbestosis.
Pericardial mesothelioma is when the mesothelioma grows in the tissue that surrounds the heart. This is essentially the same as heart cancer. Given the critical function that the heart performs, this is an aggressive type of cancer with a short life expectancy. Most patients will not survive six months after being diagnosed with this form of cancer.
What makes pericardial mesothelioma even more difficult is that it is exceedingly tough to diagnose. Symptoms of this type of mesothelioma resemble heart disease. Since pericardial mesothelioma is so rare, doctors will generally not look for it when diagnosing a patient. This is the one form of mesothelioma that is not always caused by asbestos exposure. Only 25 percent of the patients that are diagnosed with pericardial mesothelioma have had asbestos exposure. In many cases, the cancer is only diagnosed in an autopsy after a patient dies since it is so difficult to diagnose and exceedingly aggressive.
Pericardial mesothelioma accounts for only one to two percent of mesothelioma diagnoses in the United States every year. Given the small number of mesothelioma cases in general, this means that there are a handful of cases in any given year.
Peritoneal mesothelioma is when the disease affects the lining of the abdomen. This type of tumor is also caused by exposure to asbestos. It is not entirely clear how asbestos fibers reach the abdomen, but scientific theories generally believe that the asbestos is ingested. This type of disease is less common than pleural mesothelioma and is more survivable. Roughly half of the patients who are diagnosed with this disease survive five years after diagnosis.
Like other types of mesothelioma, peritoneal mesothelioma is often misdiagnosed at first. Since there are abdominal complications, it is confused for any one of a number of different diseases that affect the abdomen.
The last type of mesothelioma affects the testicles. Testicular mesothelioma is the rarest form of the disease. Survival rates are slightly higher, but not much better than pleural mesothelioma. The average patient will survive roughly two years after the diagnosis of the disease with treatment.
Within these four types of mesothelioma, there are three different cell types. The nature of the cell can determine how resistant the tumor is to treatment. The three different types of cells are epithelial, sarcomatoid and biphasic. The most resistant type of cell is sarcomatoid. These cells are extremely aggressive and do not respond well to treatment. Epithelial cells comprise about three-quarters of all mesothelioma cases. These cells are more responsive to treatment, although the disease remains highly dangerous regardless.
Mesothelioma is more often diagnosed in older patients than in younger ones. The average age when one is diagnosed is around 72 years of age. This is for several reasons. It is more likely that older people would have been exposed to asbestos since it is used less often these days. Those who were working in the 1960s and 1970s are much more likely to have spent extensive time breathing in the fibers or otherwise internalizing it into their bodies. In addition, it takes many years for mesothelioma to develop after the exposure to asbestos. It is not uncommon for the disease to develop forty of more years after one has been around the substance.
Notable verdicts and settlements
- In 2018, the family of a California auto mechanic, received a $630,000 settlement for a wrongful death claim from lung cancer that was related to asbestos. The loved ones of the decedent alleged that the victim was diagnosed with lung cancer caused by contact with brakes, clutches and gaskets that contained asbestos.
- In 2017, a New York jury delivered a hard fought victory for an auto mechanic for $75 million. The victim asserted that the mesothelioma diagnosis resulted from utilizing asbestos gaskets in car engines.
- In 2006, a New York jury awarded a former police officer a $25 million payout. The victim asserted that his mesothelioma diagnosis resulted from contact with automobile brakes.
- In 2003, a steel company was hit with a $250 million verdict in favor of a spouse of steel worker who died as a result of mesothelioma.
- In 2014, A jury in Texas awarded $18.6 million to the family of a deceased who worked at a Goodyear tire factory for 30 years. The victim died as a result of exposure to asbestos-containing machinery parts as well as pipe insulation.
Asbestos and Mesothelioma Around the World
A growing number of countries are banning asbestos worldwide. The countries that have banned asbestos have seen their rates of mesothelioma drop as new cases of the disease have declined. The first countries to outlaw the use of asbestos were in Scandinavia in the early 1980s. The U.S. tried to ban asbestos not long after that but was unsuccessful due to the courts. One of the most recent countries to institute a ban was Colombia. The South American country had tried unsuccessfully over a 12-year timespan to pass a ban on the substance. After seven previous tries, the legislature was finally successful. Asbestos will be illegal in the country starting in 2021.
Asbestos usage in products in the past
In the era where asbestos was prevalent, the dangerous mineral was part of over 3,000 different products. Companies utilized asbestos for insulation products for the construction industry. Asbestos was also widely used in the shipbuilding industry as well as its use in industrial manufacturing.
Hundreds of types of building materials were manufactured using asbestos. Types of materials include:
- Attic and wall insulation which contain vermiculite
- ceiling tiles,
- joint compounds,
- roofing materials.
- Vinyl floor tiles
- Roofing shingles
- Siding shingles
- Textured paint from walls
- Patching compounds in walls as well as ceiling
- Walls and floors near wood-burning stoves shielded with asbestos paper, millboard, or cement sheets
- Hot water and steam pipes that are coated with material containing asbestos material or covered with asbestos blanket or tape
Even now, this type of building product has a real likilihood to release fibers which are toxic through the air when a building is being renovated or a building demolition is occuring. Asbestos is well known to be spun into numerous textile related products like: rope, cloth and garments.
Wrongful Death Lawsuit
A deceased mesothelioma patient’s estate may pursue a wrongful death lawsuit seeking substantial compensation for the decedent’s medical and hospital bills, cost of funeral, other damages as well as lost income. In the event a mesothelioma victim filed a personal injury lawsuit but passed away prior to a settlement or a verdict, the estate could pursue a mesothelioma wrongful death lawsuit. Any damages from a death lawsuit are either paid to the estate or go to survivors pursuant to state law.
Shipyards were infamous for asbestos exposure
Sadly, Shipyard employees and shipyard workers often put in place asbestos insulation were known to wear protective gloves and protective aprons that contained asbestos. The automotive industry is a sector that, to this day, uses asbestos materials. Numerous car parts like gaskets as well as brake pads, might still be made of a limited amount of asbestos.
Asbestos mesothelioma lawsuit
In Great Britain, the death rate from mesothelioma has been on the rise in recent years. In 2017, over 2,500 people died from the disease. The death rate is expected to rise slightly before generally falling after 2020. Asbestos was heavily used in Great Britain for many years and the country has a similar number of deaths to the United States even though the population is much smaller. In fact, not only does Great Britain have the highest rate of mesothelioma in Europe, but it also has the highest age-adjusted mortality rate in the world.
Mesothelioma is not limited to just the United States. Estimates of the number of deaths each year from the disease worldwide range from 38,000 to 43,000. Asbestos is also used heavily in China, but there are no ready statistics about the rate of mesothelioma in the country. However, the rate is believed to be relatively low for the number of tons that are used in the country each year.
Asbestos Litigation History
Asbestos has been known as the largest mass tort in American history. Legal liability from exposure to asbestos has completely bankrupted many companies while many other businesses have had to pay out multi-million dollar verdicts and settlements to those who were sickened by the substance.
Asbestos litigation has been around for nearly a century, even before mesothelioma was conclusively tied to asbestos exposure. The first asbestos litigation was brought in the United States in the 1920s. The same attorney filed 15 different asbestos lawsuits, but early victims of asbestos related illnesses were not able to obtain compensation for their injuries.
Many of the dangers of asbestos remained hidden from the public for decades. As a result, there were not many lawsuits filed with regard to mesothelioma from asbestos. However, changes to federal class action lawsuit rule allowed for an increase in the number of lawsuits at the end of the 1960s.
Much of the early litigation was against the miners and manufacturers of asbestos. For example Johns Manville Corporation was closely associated with asbestos in the United States as one of the largest companies that did an extensive asbestos-based business. Johns Manville was the defendant in thousands of asbestos claims from the 1960s through the 1980s. The company was allegedly aware of the connection between asbestos and mesothelioma but suppressed the report in order to keep using the dangerous product. Eventually, the company was able to seek bankruptcy protection as federal bankruptcy rules were changed to allow those with significant asbestos liability to preemptively file for bankruptcy.
One of the major early asbestos cases that set the tone for later litigation was the case of Borel v. Fireboard Paper Products Corporation. In this case, the jury issued a landmark decision that served as a precedent for decades. The plaintiff in this case was a man by the name of Clarence Borel. He had worked for decades at shipyards and refineries as an insulator. In this job, he was exposed to asbestos that was prominently contained in the insulation with which he worked every day.
The Borel case was an example of a successful use of product liability laws to target the companies that made the products that contained asbestos. The lawsuit argued that asbestos manufacturers should be strictly liable for the harm that their products caused. In other words, if someone was sickened by a product containing asbestos, it would be the end of the case and the maker would be responsible with no further questions asked. The court established the precedent of strict liability for asbestos manufacturers although the family of the plaintiff did not receive much in the way of compensation.
If you or a loved one has been diagnosed with mesothelioma
If you or a loved one was diagnosed with mesothelioma, your first concern should be insuring the best medical treatment available. You should also retain a high powered law firm who is one of the best asbestos law firms in the United States. The best mesothelioma lawyers will help you get a multimillion dollar settlement or verdict to hold the asbestos manufacturers accountable.
What is Mesothelioma peritoneum?
Peritoneal mesothelioma is the second most prevalent form of mesothelioma. It is a very rare type of cancer. Peritoneal mesothelioma is a cancer that impacts the peritoneum. The peritoneum is a membrane that lines the abdominal cavity as well as the abdominal organs. Exposure to asbestos is the main cause of Mesothelioma peritoneum. Sadly, there is no cure to Peritoneal mesothelioma. However, there are numerous types of care such as:
- palliative care
These types of care may improve the quality of life of the victim as well as the potential prognosis.
What is a peritoneum?
A peritoneum is actually a membrane. It lines the organs and abdominal cavity, similar to a liver and intestines. “Your peritoneum is a membrane that lines the inside of your abdomen and pelvis (parietal layer). It also covers many of your organs inside (visceral layer). The space in between these layers is called your peritoneal cavity. Folds of tissue form double layers, including your omentum, which hangs down the front of your abdomen, and your mesentery in the back.” Cleveland clinic
Types of compensation
We will diligently pursue the following types of payouts for victims such as:
- disfigurement resulting from injury.
- loss of a normal life.
- shortened life expectancy.
- pain and suffering.
- emotional distress
- punitive damages
- lost wages
- loss of earning capacity
- loss of enjoyment of life
- medical and hospital bill reimbursement
- loss of consortium
- wrongful death statutory damages
Mesothelioma class action lawsuit
Victims should avoid mesothelioma class action lawsuits. Class action only profit lawyers and victims will get little to nothing. The best mesothelioma lawyers will file individual lawsuits seeking multimillion dollar asbestos settlements. Mesothelioma litigation is for high powered deep pocket law firms who know how to win multimillion dollar settlements and 8 figure jury verdicts. The best mesothelioma attorneys will have the resources and cachet to scare the defendants to pay millions to innocent victims. if a lawyer is trying to convince you to join a mesothelioma class action suit, run for the hills from this attorney.
Victims can be thankful that Mesothelioma lawsuits are not Mesothelioma class action lawsuits. A mesothelioma class action lawsuit which could also be desrcibed as “mesothelioma litigation” does not benefit the victims.
Average mesothelioma settlement
The average mesothelioma settlement can be millions of dollars. “The average mesothelioma settlement is between $1 million and $1.4 million. The average mesothelioma trial verdict is $2.4 million. An asbestos settlement provides guaranteed compensation and is usually not taxable under federal law.” Mesothelioma
Almost five decades later, asbestos and mesothelioma cases are still being filed today as new cases of the disease are still being diagnosed even after the use of asbestos has been reduced. The costs of asbestos lawsuits now are into the hundreds of billions of dollars.
Even the companies who have gone bankrupt as a result of asbestos litigation were not able to escape their liability. As part of their bankruptcy, these companies were required to set aside trust funds to pay out asbestos claims. Decades later, these trust funds are still paying claimants for their injuries from asbestos, and this includes mesothelioma lawsuits and claims. If you are seeking a mesothelioma settlement or a jury trial contact us.
What Are Mesothelioma Settlements and Jury Verdicts?
Asbestos settlements and mesothelioma jury verdicts are two potential means of a victim being awarded compensation by way of a mesothelioma lawsuit. Victims and their family members or spouse may be able to pursue a claim. There are numerous variances between a negotiated mesothelioma settlement and a jury verdict. Settlements and verdicts each have separate pros and cons.
- Mesothelioma settlement: In a settlement, a manufacturer of asbestos reaches an agreement to compensate a victim with a negotiated amount. In exchange for the negotiated settlement, the asbestos victim signs a release of claims, promising never to see compensation again from that manufacturer. The amount of the settlement is negotiated between the victim’s lawyer and the asbestos manufacturer.
Pro’s of a mesothelioma settlement before a jury trial:
- Funds are expedited and the victims’ loved ones
- Settlement funds are guaranteed to be paid
- No risk of losing at trial
- No risk of a lengthy appeal
- May have tax benefits
- Average mesothelioma settlement is from 1 million to 1.5 million
Con’s of a mesothelioma settlement:
- If you settle you may lose millions of dollars because an average mesothelioma verdict amount is usually from 5 million to 10 million.
- Never getting a sense of justice and accountability through a jury verdict.
Pro’s of a trial
- The average mesothelioma trial verdict is over 5 million dollars
- If you win you can get justice and accountability
- You get your day in Court
Con’s of a trial
- If you lose the trial, you may get no compensation
- trials are expensive
- It sometimes takes years to get a trial and if there is an appeal it could take numerous years to get compensation
- You may get a miserly jury who awards you a small verdict.
- An appeal Court could overturn any verdict.
What Is a Mesothelioma Trust Fund?
Numerous asbestos manufacturers have filed for Chapter 11 bankruptcy protection. These manufacturers have established asbestos trust funds. Many of the best asbestos lawyers refer to these funds as “mesothelioma trust funds.” These trust funds were set up to compensate victims in the future for the complications caused by asbestos exposure.
If you have a tragic mesothelioma diagnosis, you will require top notch medical treatment and need help paying for your expenses. You will also need to provide financial help to your spouse, children and family. We help asbestos victims and their loved ones obtain mesothelioma compensation via lawsuits, settlements and trust fund claims.
The $30 Billion Trust Can Provide Justice and Accountability
The negligent asbestos manufacturers have set aside thirty billion dollars to compensate victims with mesothelioma diagnosis, lung cancer, as well as other asbestos-related diseases. The manufacturers profited from asbestos containing products and now should be responsible to compensate innocent victims from the harm caused by cancer and mesothelioma.
How Much money is left in Asbestos Trust Funds?
As of December 2022, there are approximately 60 operating asbestos trust funds for which attorneys file claims for compensation. Many victims wonder, how much money is left in the mesothelioma fund? There is currently approximately 30 billion remaining in these asbestos trust funds. These funds are set aside to compensate future claimants. Asbestos trust funds have paid out claims of over $21 billion commencing in the 80’s. Between 2006 and 2012, these funds paid out 15 billion. These trust funds are still very much needed because of the latency period of a mesothelioma diagnosis. Future claimsasserted by the best mesothelioma law firms can be processed in the next several decades.
Industries associated with asbestos exposure
- Automotive Repair Shops (auto mechanics)
- Industrial workers
- Aircraft mechanics
- oil refining
- Chemical Plants
- hvac workers
- Chloralkali Plants
- Construction Sites
- Metal Works
- Boiler workers
- Power Plants
Occupations involving asbestos exposure:
- aircraft mechanics
- Chemical plant workers
- First responders
- auto mechanics,
- Cement Plant workers
- chloralkali workers,
- oilfield brake mechanics and many other occupations remain at risk.
- Merchant mariners
- Machine operators
- paper mill workers
- Mine workers
- Railroad workers
- metal workers
- teachers working at old schools
- textile mill workers
- sheet metal workers
- Plumbers & Pipefitters
- Masons & Bricklayers
- Carpenters & Joiners
- Tile setters
- Operating Engineers
- Heat & Frost Insulators & Asbestos Workers Union
- Bricklayer and Allied Craftworkers / BAC
- Steamfitters and Pipefitters
Industrial employees in certain commercial industries where asbestos fiber was integrated into various products prior to safety measures being implemented could have developed asbestos related disease. This specifically includes insulation workers, ship yard laborers, roofing contractors (roofers) and workers and other industrial workers. Even people who did not have direct contact with asbestos could be at risk. Children, spouses and family members who were exposed to asbestos laden work clothing could have also been at risk.
Utility Workers laboring in the operation and maintenance of utility companies were subject to exposure to asbestos. Utility giants who have quasi monopolies are infamous for hundreds of miles of steam piping insulated with asbestos. Boilers which were numerous stories high which were connected to feedwater heaters, pumps, conveyors, condensers, turbine-generators, and auxiliary equipment, contained and were insulated with asbestos products.
workers and employees visiting or working in such warehouses and facilities were in danger of severe asbestos exposure. There was tremendous risk when ongoing repairs, maintenance, overhaul, and conversion was taking place. The danger was even worse when new units were constructed. Asbestos dust and fiber from asbestos products which were utilized to insulate, assemble, seal, and line piping and industrial equipment was easily carried through the plant by drafts, convection created by the hot equipment, and the fact that only metal grating and not solid flooring separated the elevations of these huge structures. Utility workers involved in maintenance of sub-stations, underground cable and steam lines also risked exposure to asbestos products.
Industrial Shipyard Workers
Employees who labored in shipyards during World War II or in the post-war years were at great risk of exposure to asbestos. The new construction, overhaul, and repair of Navy, Merchant and other ships caused friable asbestos products to be present in the confined spaces, and engine and boiler rooms of ships resulting in asbestos exposure to all trades working in these areas.
Building and Construction Trades
Construction and building trade workers were exposed to hazardous asbestos. It was even problematic and dangerous when asbestos products were being utilized by other workers working nearby, during the construction, renovation, and repair of various industrial, commercial, military, education, governmental, and other industrial job sites. Mechanical systems, including piping, duct work and equipment, were assembled with, sealed with and/or insulated with asbestos products. Structural steel and decking were fireproofed and sound proofed with asbestos sprays. Components of walls, roofing, electrical wiring and flooring contained asbestos through the 1970’s and, in some cases, even later.
Workers at Refineries, Chemical Plants, Pharmaceutical, Food, and Beverage Plants
These industries often utilize high temperature/high pressure processes and required lots of steam and process pipelines, which in and prior to the 1970’s meant piping, vessels, tanks, reactors, heat exchangers, boilers, roasters, ovens, driers, furnaces, pumps and other equipment insulated, assembled, and/or sealed with asbestos products. Those involved in maintenance, repair, construction, and turnaround of the production units risked exposure to asbestos products, as well as workers in the vicinity of these operations.
Auto and Truck Brake & Clutch Mechanics
Mechanics involved in servicing automobiles and/or truck brakes and clutches may have been exposed to asbestos dust leading to asbestos related diseases.
Residential, industrial Plumbing & Heating Contractors and Oil Burner Service providers
Mechanics who were involved in the plumbing and heating business may have been exposed to asbestos. Also, workers involved in oil burner installation and service, may have been exposed to asbestos. This even includes residential plumbing and heating. Residential furnaces, hot water heaters and boilers installed up through the 1970’s were usually assembled, sealed, and/or insulated with asbestos products as was the attendant piping.
Certain Union Members in danger of mesothelioma symptoms:
- United Steel Workers
- Chemical & Atomic Workers/OCAW
- Independent Chemical Workers Union GMP
Workers in Metal Refining Operations, Foundries, and Steel Mills
It is not only workers involved in heavy industry working with insulated pipelines, boilers and other related equipment who were exposed to asbestos. Industrial workers in metal refineries, foundries, and steel mills may have also been exposed to the high temperature refractory linings of furnaces, smelters, launders, ladles, and similar equipment, some of which were composed of asbestos products, which were frequently in need of replacement and repair. In addition, asbestos gloves, leggings, and aprons were worn by workers near molten metals. Asbestos cloth and blankets were used to moderate the cooling of metal castings.
Asbestos Trust Funds:
- Bankruptcy Court set up these funds to pay future claimants.
- Mesothelioma victims are not limited to filing with one trust fund and can seek a mesothelioma payout from numerous trust funds.
- Funds are not limited to asbestos payouts related to mesothelioma and can payout for asbestos-related diseases, as well.
It is crucial that victims seek a very experienced asbestos lawyer at the best mesothelioma law firm in the United States. The best mesothelioma lawyer will be knowledgeable in getting the most compensation from the trust funds.
Huge suppliers of products that contain asbestos include:
- Johns Manville,
- National Gypsum Company and
- Armstrong World Industries.
Numerous corporations complicit in the manufacturing and refining chemical utilized asbestos at their plants
Johns Manville was not the only major manufacturer of asbestos other companies:
- Raybestos-Manhattan Co.
- National Gypsum Corporation
- Owens Corning/ Fibreboard Corp.
- W.R. Grace & Co.
- Celotex Corp.
Corporation that were involved in manufactured products which contained ssbestos:
- A.B.B. Lummus Global Inc.
- AC & S
- A.P. Green Industries
- Abex Corporation
- Amatex Corporation
- Armstrong World Industries
- Babcock & Wilcox
- Bell Asbestos Mines
- Bestwall Gypsum
- Borg Warner Company
- Burnham Holdings
- C.E. Thurston & Sons
- CertainTeed Corporation
- Combustion Engineering
- Congoleum Corporation
- Crown Cork and Seal
- Daimler Chrysler
- Dana Corporation
- EaglePicher Industries Inc.
- Ehret Magnesia
- E.J. Bartells Company
- Federal-Mogul Corporation
- Flexitallic Gasket Company
- Ford Motor Company
- Foster Wheeler
- GAF Corporation
- General Electric
- General Motors
- Gold Bond
- H.K. Porter Inc.
- Harbison-Walker Refractories Co.
- Honeywell Heating
- Ingersoll Rand
- J.T. Thorpe Inc.
- John Crane
- Johns Manville
- Johnson & Johnson
- Kaiser Aluminum
- Kelly-Moore Paint Co.
- Kentile Floors
- Leslie Controls, Inc.
- Lincoln Electric
- M.H. Detrick Company
- Malleable Iron Range Company
- Minnesota Mining & Manufacturing
- Mobil Oil Corporation
- National Gypsum
- Nicolet/Keasbey & Mattison
- North American Refractories
- Owens Corning Fiberglass
- Owens Illinois
- Pacor Incorporated
- Pittsburgh Corning
- Plibrico Company
- Porter Hayden Company
- Rapid-American/Philip Carey Manufacturing
- Raybestos Manhattan Raymark Industries
- Republic Powdered Metals
- Rock Wool Manufacturing Co.
- Shook & Fletcher
- Synkoloid Company
- The Flintkote Company
- Union Carbide
- W.R. Grace
- Western MacArthur
- Westinghouse Electric
Finding the best mesothelioma lawyer
The mesothelioma payout for asbestos mesothelioma lawsuits is to compensate victims for damages that are awarded after lawyer’s fees and litigation costs. How the asbestos payout is determined should be set forth in your retainer agreement that you entered into with your attorney. We are Rhode Island mesothelioma lawyers. Also, if you are Rhode Island resident and are seeking a RI mesothelioma lawyer, contact us. We can also help the children, spouse or family of a victim file a mesothelioma lawsuit after death. If you or a loved one had a mesothelioma diagnosis, you must take action before the stature of limitations expires.