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There is a terrible disease that
companies have knowingly exposed workers to. There is no cure
and it has killed thousands. These companies can and will pay
for their actions.
From as early as the 1930's, manufacturers and distributors
knew about the health risks associated with asbestos. Instead
of warning thousands of workers who were unknowingly exposed
over the years, these companies hid the facts from men and
women who now suffer from incurable asbestos-related diseases,
including lung cancer and mesothelioma.
Protecting your rights is our highest priority. No amount of
money can ever replace a lost love one or give time back to
the ailing. However, having someone admit to wrong doing and
pay for those indiscretions can give you closure. Finally, you
will have the justice and respect you deserve.
Asbestos is the only known cause of mesothelioma. As early as
the 1950’s, manufacturers of products containing asbestos knew
that their products were harmful to workers and could cause
mesothelioma. Because these companies failed to issues
adequate warnings about asbestos and mesothelioma risks, there
is a legal basis for acquiring compensation. In almost all
cases, a person who has been diagnosed with mesothelioma has
the right to recover compensation. If a person diagnosed with
mesothelioma has died, his spouse, children or designated
person from the will have the right to file a mesothelioma
case against the asbestos manufacturers.
Mesothelioma sufferers and their surviving families have been
granted awards totaling several million dollars from the
asbestos industry. However, most of the major asbestos
companies are in the process of filing for bankruptcy, due to
the judgments against them. If you are interested in pursuing
legal compensation from the asbestos industry for your
mesothelioma, you should contact an attorney and act quickly.
Filing a Mesothelioma Lawsuit
If you or a loved one has been diagnosed with mesothelioma,
your case must be filed within the statute of limitations.
This means that the case must be filed within a certain time
period or you will be barred from receiving compensation. The
statute of limitations is different for each state, but for
mesothelioma lawsuits, the statute is generally one or two
years from the day a person is diagnosed with mesothelioma. In
a wrongful death suit, the statute is generally one or two
years from the day of death. It is imperative that an asbestos
lawyer is contacted before the statute of limitation passes.
Before you can file a lawsuit for mesothelioma, your lawyer
will inquire where and when you were exposed to asbestos
products. He may show you pictures of asbestos related
products or investigate the locations where you worked.
Thorough documentation is needed to establish the asbestos
exposure, along with as much testimony as possible. Then, he
or she will file an individual mesothelioma lawsuit naming the
offending companies as defendants.
Some companies have been granted protection under bankruptcy
laws and cannot be sued. However, these companies have set
aside large sums to pay for injuries from asbestos products.
They might not be named in your suit, but settlements from
these companies may be recovered as well.
Your lawyer may file your suit in a different state from where
you or the company resides because the chances of receiving
compensation may be better in another state. This will only
heighten your chances of recovery and will not increase the
cost to you.
Mesothelioma asbestos lawyers represent mesothelioma lawsuits
on a contingency basis meaning lawyer is only paid an agreed
percentage after there has been a settlement with an asbestos
company. If there is no mesothelioma settlement, nothing is
paid for legal services mesothelioma asbestos attorney.
Some different types of compensation include:
• Lost income and future lost income
• Current and future medical expenses
• Compensation for pain and suffering
• Punitive damages due to asbestos company conduct
Compensation varies significantly with
the average case settling between $750,000 and $8 million. The
amount of compensation depends on many factors including:
• The length of exposure
• The products exposed to
• Dates of exposure
• Locations of exposure
• Lawyer or attorney resources
• Amount of documentation
History of Mesothelioma Lawsuits
Medical journals chronicle the first asbestos-related death in
1924. The first asbestos injury lawsuit was not filed until
December 10, 1966 in Beaumont, Texas. The defendants were
Johns-Manville, Fibreboard, Owens Corning Fibreglas and
several other manufacturers of insulation products containing
asbestos. The original verdict ruled in
favor of the asbestos companies, but the lawyer handling the
case filed a claim on behalf of another client in October
1969. This trial resulted in favor of the plaintiff. The
companies appealed the verdict, but the Court upheld the
award. By late 1973 asbestos cases were being filed across the
country. The asbestos textile industry and
manufacturers of asbestos insulation were in serious trouble.
To avoid compensating the many victims of asbestos injury,
Johns-Manville filed for Chapter 11 bankruptcy protection in
1992 while other companies were rapidly being implicated.
Owners of refineries and power plants, contractors and
distributors were now being held liable for asbestos-related
injury. Some of defendants in asbestos
lawsuits that have been against Johns-Manville, Fibreboard,
Owens Corning Fiberglas, Raybestos Manhattan, Pittsburgh
Corning, Eagle Picher, UNARCO, Celotex, Carey Canada, Amatex,
H.K. Porter, Alcoa Aluminum, Reynolds Metal, Texas
Instruments, Mobil Oil, Armstrong World Industries, U.S.
Gypsum, Southern Pacific Railroad.
The
Fibreboard Asbestos Compensation Trust (FACT) was created to
handle asbestos-related personal injury claims against
Fibreboard Corporation under the Ahearn Settlement. On
November 22, 1999, the Supreme Court reversed the settlement.
As a result of the Supreme Court’s ruling, there is no longer
a Fibreboard Asbestos Compensation Trust to handle claims.
However, a new entity called the Fibreboard Settlement Trust
has been created to handle the funds that would have been
available to the FACT to pay claims.
If
you have filed a claim, the claim form and any materials you
submitted to the FACT have been transferred to Fibreboard,
though most statute of limitations expired in 2000. Contact
Fibreboard if you have questions about your specific claim and
feel it may have been impacted by this change. |