In this article information about Mesothelioma lawsuit After Death. Mesothelioma lawsuits started because from 1940 through 1980 approximately 27,5 million workers were exposed to asbestos in the United States. Asbestos exposure is the main cause of mesothelioma (lung cancer).
There are so many mesothelioma lawsuits because corporations that manufacture asbestos products have known about the dangers of asbestos-related diseases for more than six decades, they knew about the mesothelioma risk but they kept this information to increase profit, exposing the workers to a great risk.
Many workers, who were exposed to asbestos, decided to sue the asbestos companies. Because they were suffering from mesothelioma and so the mesothelioma lawsuits madness has begun.
Mesothelioma lawsuits cost
For a mesothelioma lawsuit, there is no need for cash up front. The law firms knew that mesothelioma victims were workers and they decided to work on a contingency fee basis. This means that the lawyer will represent the victim and earn a fee only if he will obtain compensation. If the lawsuit is not successful the lower firm does not yarn the fee.
This way even the victims without money can find legal compensation for their injuries.
Mesothelioma lawsuits length and time limits: Mesothelioma lawsuit After Death
The length of the lawsuit depends on a large number of factors. A mesothelioma lawsuit can take up to a few years.
There is a time limit for filing a mesothelioma lawsuit: the time limit differs from state to state. In some states, the time limit is one year from the date the victim was diagnosticated with mesothelioma.
Because of this time limit if you are a mesothelioma victim you must act immediately and talk to an attorney which handled this kind of cases.
Mesothelioma lawsuits compensation: Mesothelioma lawsuit After Death
The amount o money that a mesothelioma victim can receive after a mesothelioma lawsuit is influenced by factors like nature of your disease, proof of exposure to asbestos. The financial condition of the companies responsible for the exposure.
Who can start a mesothelioma lawsuit: Mesothelioma lawsuit After Death
If one of the husbands died from mesothelioma most states allow the surviving husband to start a lawsuit. There is a time limit, so a specialized mesothelioma lawyer must be contacted as soon as possible.
Getting a lawyer specialized in mesothelioma lawsuits: Mesothelioma lawsuit After Death
Is very important to choose a lawyer who handled mesothelioma cases and has experience in the field. To help the victims find a good mesothelioma lawyer we have put together a list of question to ask your future lawyer before choosing him.
Mesothelioma lawsuit step: Mesothelioma lawsuit After Death
There are usually 5 steps in a mesothelioma lawsuit:
Pre-suit preparation – first mesothelioma lawsuit step
Prior to filing a lawsuit, you will be asked to sign an attorney-client contract by the lawyer you have chosen to represent you. Before contacting a lawyer, your doctor, or your work health surveillance project may have told you that your lungs appear scarred on X-ray, or you are having trouble breathing, or you may have been diagnosed with cancer.
The lawyer will want to know where you worked, who you worked with, and what asbestos products you can recall seeing on the job. He will want to know the type of work you performed. The number of years you were involved in work where asbestos was used, and the names of friends. Or acquaintances, you worked with on the job.
You will be asked to also sign employment, Social Security information, and medical releases, these documents will be needed by the lawyers to gather as much information as possible about your health and work.
The lawyers may then follow-up by contacting your co-workers or friends to ask them what they remember about asbestos on the job, and the nature of asbestos exposure you would have received on the job.
The filing of the lawsuit – second mesothelioma lawsuit step: Mesothelioma lawsuit After Death
After as much information as possible has been gathered before a suit is filed. The lawyers will prepare a formal complaint. That is a document which is filed in court and then “served” on the defendants, in this document, the defendants are informed about the nature of your claim. The legal basis for recovery, and told they must respond or the judge will enter a judgment against them.
The defendants will then either file an “answer” to the complaint denying any responsibility or file a motion to dismiss which asks the judge to dismiss the lawsuit and not require them to answer. Motions to dismiss are based on “legal grounds.”
The motion may claim you haven’t stated a valid legal basis for recovery in your complaint. It may say that you did not file your complaint within the period of time the law requires after you knew or should have known you had a disease – this is called a statute of limitation defense.
In some situations, the defendants may demand a “more definite statement” claiming they don’t understand why they have been sued. Ordinarily, such motions in the lawsuit create a month to three months of delay. If you are dying of cancer, the defendants may use such motions as a tactic to delay your case, hoping you will not live long enough to see trial.
Discovery – third mesothelioma lawsuit step
After any pending motions to dismiss have been denied, and the defendants have answered, you may expect written questions from them in the form of interrogatories.
You will be required to answer the questions they ask to the best of your ability, and will have to swear to the answers under oath. The defendants will want to obtain all your past medical records.
This is done in an effort to belittle the extent of your injuries. To find other possible causes for your damages they can place some blame on – such as cigarettes. Or to try and make some argument the records show you have known about your asbestos disease longer than you claim.
They hope to be able to show you knew or should have known asbestos made you sick at a time the statute of limitations would have run before you filed suit. Thus, if successful in the effort. They can get your case dismissed and not compensate you.
The defendants will also take the testimony of yourself and any witness before trial. This process is called taking a deposition. The defendants in these depositions hope to develop testimony showing you can’t prove it was their product that caused your injury.
They may try to show you have bad health habits, such as drinking or smoking that has harmed your health. They will try to get you to admit you knew you had an asbestos problem years. Before the suit was filed in an effort to convince the judge. Or jury you waited too long to file suit.
Trial – another mesothelioma lawsuit step
If your case does not settle and is not dismissed. The judge will eventually set a trial date. The trial proceeds as follows:
- Jury Selection.
- Preliminary jury instructions by the judge.
- Opening statement by your lawyer.
- Opening statement by the defense lawyers.
- Witness and documents presented by the plaintiff’s attorney.
- Resting of the plaintiff’s case.
- Motions by the defense attorneys out of the presence of the jury asking the judge to dismiss your suit saying you did not prove your case.
- The defense case including their witnesses and documents;
- Resting of the defense case.
- Rebuttal of the defense case by witnesses and documents presented by the plaintiff if necessary.
- Jury instructions.
- Closing by the plaintiff’s attorney.
- Closing by the defense attorney.
- The plaintiff’s rebuttal closing.
- deliberations; and finally.
Appeal – the last mesothelioma lawsuit step
If the plaintiff prevails in the lawsuit and the jury awards fair compensation, you may expect an appeal of the verdict. The appeal will, however, require the defendant to “post a bond” in the amount of the verdict awarded by the jury.
Mesothelioma lawsuits Settlement Amounts – Compensation list
Each case of mesothelioma is unique so it is no warranty that you will receive the same amount of money after a mesothelioma lawsuit.
Mesothelioma lawsuits compensation list – how much mesothelioma victims received:
- $250 Million in Settlements for 70-Year Old retired U.S. Steelworker
- $55 Million in Settlements for 47-Year Old Construction Worker
- $22.5 Million Dollars for a Pipefitter
- $21.8 Million Dollars for Vermont Bricklayer/Plumber/Steamfitter
- $19.3 Million Dollars for a Chemical Plant Worker
- $18 Million in Settlements for Copper Smelter Worker
- $10.1 Million in Settlements for 66-year-old foundry worker Tyler, Texas
- $9.178 Million in Settlements for Aircraft Mechanic, Texas
- $8.3 Million Dollars for a Laborer/Pipefitter/Remodeller
- $8 Million in Settlements for 56-year-old Aluminum Pot Room worker
- $7.7 Million Dollars for Boiler Massachusetts Tender/Laborer/Elevator Repairman
- $6.8 Million for 44-year-old Navy Custodian
- $6.5 Million Dollars for an Indiana Drywaller/Laborer
- $6 Million Dollars for a Louisiana Pipefitter
- $5.70 Million in Settlements for 62-year-old construction worker
- $5.5 Million Dollars for a Maintenance Man/Laborer
- $5.3 Million Dollars for an Indiana Laborer
- $5.4 Million Dollars of a Steelworker
- $4,600,000 for 50-year-old Navy Mechanic
- $4.6 Million Dollars for Boilermaker
- $4.5 Million Dollars for a Construction Worker/Boiler Tender
- $4.3 Million Dollars for Insulator
- $4.2 Million for a 41-year-old construction worker and laborer
- $4.0 Million Dollars for a Painter/Welder/Carpenter
- $3.0 Million for 42 years old Exposed in the navy and working in power plants
- $3.5 Million Dollars for a Tennessee Laborer
- $2.7 Million for 67 years old Worked as a laborer around blast furnaces in a steel mill
- $2.0 Million for a 50-year-old Shipyard worker
List of The Best lawyer for Mesothelioma lawsuit in the USA
Mesothelioma lawyer finding one
Finding a mesothelioma lawyer and choosing one is a very important decision in a mesothelioma lawsuit.
First of all the lawyer must be smart and well prepared.
Also, the lawyer must prove his experience in mesothelioma lawsuits.
A very important fact is that the lawyer must have a heart: to really care about people and especially about mesothelioma victims. It is very important to feel comfortable about the lawyer you will work with.
To help you choose a good mesothelioma lawyer we put together a list of question to ask the attorney before hiring one.
The question to ask a mesothelioma lawyer before hiring him
Before hiring a mesothelioma attorney you must be convinced that he is the best option for your lawsuit.
So ask the lawyer the following questions:
- How long has your firm been handling this type of case?
- $How many mesothelioma cases do you handle currently?
- How many mesothelioma cases have you handled?
- Will your law firm actually work on my case? Or will you send my case to another law firm? If you are likely to refer my case elsewhere, what is the name of the law firm(s) that you might send my case too?
- How many cases like mine have your law firm actually taken to trial? What kind of verdicts have you obtained in such cases? Have these decisions been personally received by your law firm? If any other law firm receives these results, then what is the name of that firm?
- If you take a case to trial, will an attorney from your law firm actually be responsible for representing me at trial, or will you hire an attorney from outside your firm to handle the trial?
- In the event an appeal is necessary in my case, do you have lawyers at your firm who dedicate much of their time to appellate and legal issues work? What is your law firm’s track record for successfully handling appeals?
Mesothelioma lawsuits bankruptcy list
In order to avoid payments to mesothelioma victims, many asbestos companies tried to scam the victims and filed bankruptcy petitions.
The following asbestos companies are known to have filed petitions in bankruptcy court:
- Forty-Eight Insulations
- National Gypsum Company
- Standard Insulations
- Raybestos Manhattan
- Raymark Industries
- Raytech Industries
- Keene Corporation
- Celotex Corporation
- Philip-Carey Corporation
- H. K. Porter Industries
- Gatke Corporation
- A.P. Green
- Armstrong World Industries, Inc.
- Babcock & Wilcox Co.
- Federal-Mogul Global, Inc.
- G-I Holdings, Inc.
- Harbison Walker
- Kentile Floors, Inc.
- M.H. Detrick
- Montgomery Ward, LLC
- North American Refractories Company
- Owens Corning
- Pittsburgh Corning Corporation
- Rock Wool Manufacturing (the same company in your list)
- Rutland Fire Clay Co.
- USG Corporation
- U.S. Mineral Products Company
- Washington Group International
- W.R. Grace & Co.
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