Mesothelioma - Suing For Compensation
by: Rick Hendershot
Most asbestos lawsuits have been filed by people who have worked
in environments where they have been exposed to asbestos, and who
subsequently developed an asbestos-related illness such as asbestosis
or mesothelioma. The purpose of asbestos lawsuits is to recover
financial damages from the employer responsible for maintaining
the safety of the workplace, or from some other company that was
negligent in manufacturing or in recommending a hazardous material.
Financial damages usually include the cost of medical bills, other
costs associated with the disease, lost wages, and sometimes compensation
for loss in quality of living or potential for future earnings.
Mesothelioma cases usually recieve the highest settlement amounts
-- typically being settled out of court for about $3 million each.
**The History of Mesothelioma Lawsuits**
The first asbestos products lawsuit took place in Texas in 1966
when Johns-Manville, Fibreboard and Owens-Corning Fiberglas were
sued on behalf of Claude Tomplait, an asbestos worker. Tomplait
lost this case, but it was quickly followed up by another one in
1969 which was won and upheld in appeals in 1973.
In the late 1970s the legal battles took on a different tone.
It was found that asbestos companies were involved in a conspiracy
to suppress knowledge about the harmful effects of asbestos. By
1982 punitive damages were being awarded to sufferers of asbestos-related
diseases, and many of the major companies responded by seeking
Chapter 11 bankruptcy protection.
This complicated the legal situation considerably. Things also
changed in the 1980s because successive waves of new workers were
coming forward with asbestos-related diseases. These included workers
in construction companies, asbestos distributors, and companies
involved with asbestos-related products such as brake linings and
insulation.
Eventually, many of the major bankrupt asbestos companies set
up settlement trusts to handle problem cases separate from the
litigation process. Most lawyers will simultaneously proceed with
litigation against the companies while negotiating with the settlement
trusts. Normally, when a settlement is reached with the trust it
will be for much less money, and payments are often spread over
many years.
**How do lawyers proceed with mesothelioma cases?**
Most lawyers in this field will do an examination of each claim
on an individual basis. Since they often take on such cases on
a "contingency" basis, they will usually not take on
a case unless they have a reasonable chance of winning. This means
that a history of contact with asbestos is usually not sufficient
to proceed. A person should have tangible evidence of the presence
of mesothelioma before a serious case can be undertaken.
The lawyer will look at all relevant information including medical
records, family history, work history, exposure to asbestos. They
normally have to be satisfied of two things before beginning --
there must be a diagnosis of mesothelioma, and there must be defendants
who can be held responsible. Once they have these two things they
are usually prepared to take on the case.
**How are the lawyers paid?**
Most lawyers work on a contingency basis. This means they do not
get paid until the case is settled in their client's favor. A standard
rate is 30% of the gross settlement. When selecting a lawyer, be
careful of how the funds are dispersed. Some will take their 30%
and then pay the legal fees out of the client's portion. This means
they will actually be getting more than 30% -- sometimes closer
to 40 or 50%. Look for a firm that pays the fees out of the gross
settlement amount. And be sure that there are no circumstances
in which you will be billed for costs if your lawyer loses the
case.
**Workers' Compensation or 3rd Party Litigation**
Normally when a claim is made against an employer, the case is
handled by Workers' Compensation. In most jurisdictions this is
a "no fault" insurance system. All employers must have
this kind of insurance. So when a claim is made against the system,
there is no need to establish that the employer was at fault. All
the system has to do is establish that the employee has been injured
or disabled because of his or her employment.
A workers' compensation claim can usually be finalized within
6 to 12 months.
When filing a civil lawsuit against a 3rd party such as a product
manufacturer, the process is considerably more complicated. In
this case, the lawyers representing a mesothelioma victim will
usually name several defendants -- sometimes as many as 30 or 40
mining companies, manufacturers, distributors, brokers, insulation
contractors, general contractors, etc.-- to attempt to spread the
damages over as many parties as possible and increase the chances
of receiving a sizable settlement.
Experienced lawyers will attempt to settle with defendants before
actually going to court. If the case does get to court and a verdict
is reached it is almost certain to be appealed. In such cases it
can take years to reach a final resolution.
**If you have been exposed to asbestos...**
If you have been exposed to asbestos, the best advice is to have
a thorough medical examination to determine if you have any signs
of mesothelioma. If you do, then it is best to consult with a lawyer
about your situation as soon as possible. |
