Mesothelioma Legal Options

Though pleural mesothelioma is a rare form of cancer, it has only one proven cause – exposure to asbestos. Most people now understand that the presence of asbestos presents a severe health risk. However, the material was used for decades in a variety of industries including construction and shipbuilding, in railroads, chemical plants and power plants, and in many other places where it was lauded for its durability and heat resistance.

Workers who were exposed to asbestos didn’t know that their health was at risk daily. Some even brought the toxic dust home to their loved ones on their hair or clothing, causing their spouses or children to develop cases of second-hand mesothelioma.

Unfortunately, it has been proven that many employers were quite aware that asbestos was dangerous yet offered nothing to protect their employees, allowing them to risk exposure regularly. If you have pleural mesothelioma, some asbestos manufacturer or company is responsible for your exposure. Because mesothelioma remains latent for up to 50 years, you may have worked for that company many years ago. Perhaps you don’t even remember working with this toxic mineral. However, the proof of exposure is in your medical diagnosis.

Taking it to the Courts

Beginning in the 1960s, those affected by asbestos on the job began filing claims against their employer or former employer, seeking compensation for things like medical bills and loss of income due to their asbestos-related disease. Since that time, nearly a million asbestos suits have been filed all over the United States.

Why file a lawsuit? It’s simple. If you worked in a position that put you in contact with asbestos, you should have been made aware of the hazards present. A wealth of records show that many company doctors warned owners and managers of the connection between asbestos and pulmonary diseases long before the United States took action in 1977 and suggested strict guidelines on the mineral’s use. Their negligence may have been the cause of your disease development.

Those who have pleural mesothelioma have every right to file for compensation. However, the year 1973 ushered in a new era when the standards for asbestos liability were lowered. Plaintiffs in asbestos cases no longer had to prove their employers were negligent nor did they need to show steadfast medical evidence as to their injuries from asbestos. The result was the filing of thousands of false claims that clogged up the court systems.

This onslaught of suits against more than 80,000 companies prompted many of these companies to file for bankruptcy, overwhelmed by the individual and class-action cases forged against them. These included W. R. Grace, National Gypsum, Owens-Corning, Armstrong World Industries, Johns Manville and many others with highly-recognizable names. Unfortunately, in many cases, these bankruptcies delayed the claims for compensation to which legitimate plaintiffs were entitled.

Filing a Claim for Asbestos Injuries

If you have been diagnosed with pleural mesothelioma or another asbestos-related disease, your first priority is receiving the proper treatment. The second priority is to determine whether or not you have a right to compensation for the pain and suffering caused by the disease and for the exorbitant medical costs associated with treatment. An experienced mesothelioma attorney can make a case evaluation and help determine how to proceed with the claim so that you are compensated for the negligence that caused the development of your disease.

For additional information on the legal options available to pleural mesothelioma patients, please fill out the form on this page to receive an informative packet in the mail.