Mesothelioma is a disease that frequently does not manifest any symptoms for decades after you were exposed to it. Most victims were exposed to asbestos, the mineral that causes the disease, while working in shipyards and building construction and other industries in the 1950s and into the 1980s in some cases.
Knowing what to do if you or a loved one has contracted the disease and how mesothelioma lawsuits proceed are essential if you want the compensation you deserve. Call our law firm at for immediate assistance.
What Type of Workers Were Exposed to Asbestos?
Asbestos is the only known substance that causes mesothelioma. Workers in the following industries were at a high risk of exposure:
- Carpentry
- Maintenance
- Steel
- Machinery
- Construction
- Plumbing
- Pipe fitting
- Railroading
- Oil refinery
- Shipyards
- Mining
- Naval work
- Iron
- Factory work
- Power plants
I was exposed many years ago, so won’t the statute of limitations bar my claim?
If you were just diagnosed with mesothelioma, even though your exposure may have been 30 or 40 years ago, you can still bring your claim. Mesothelioma is a slow progressing disease and few victims experience any symptoms until decades after exposure.
You have to bring your claim when you do discover that you have mesothelioma, usually by a doctor’s diagnosis since the statute will begin to run once discovered or when it should have been discovered.
My employer went out of business years ago. Is that a problem?
Businesses are sold or merge with others on a regular basis. An experienced team of researchers can find out to whom the business you worked for was sold or merged. The company debts and liabilities are routinely transferred in a transaction. Also, an attorney can trace the manufacturer and installer of the asbestos at your work site.
Who Was Responsible for My Mesothelioma?
There are numerous companies that manufactured, distributed, installed or had asbestos used on their sites, knowing that the substance posed a high risk of exposing workers to a deadly disease. They are legally liable for failing to warn you, for not using other available non-toxic substances or for not providing safety measures to reduce your risk of exposure.
What are the Risk Factors for Contracting Mesothelioma?
Any exposure to asbestos is unsafe but there are other factors that are known to cause mesothelioma. These include:
- How long you were exposed
- The amount of asbestos you inhaled
- The type of asbestos
- The source of the asbestos
- Your individual health
For example, if you regularly returned home from work covered in dust from a work site where asbestos was used, you may have inhaled a substantial amount of asbestos over many years. This is especially relevant if you worked directly with materials containing asbestos.
Also, your lawyer needs that if you were a smoker, how long you smoked, how much, and if you contracted lung cancer or any other smoking-related disease and when you were diagnosed.
I knew I was working around asbestos. Am I contributorily liable for my disease?
The risks of working with asbestos have been known since the 1930s. Studies in the 1950s and 1960s demonstrated and later confirmed that exposure to asbestos causes mesothelioma.
Regardless, manufacturers and installers continued to sell and install the substance without warning workers of the risk, using other materials in place of asbestos or recommending safety measure to reduce exposure. In many cases, companies hid or altered research results.
My wife contracted mesothelioma but never worked in any of the at-risk industries. Does she have a claim?
More than likely, you worked in a trade where asbestos was present. The airborne fibers from asbestos probably clung to your clothes when you returned home from work resulting in secondary exposure to anyone living at home with you.
There are many cases of victims who reported having to wash the work clothes of their spouses by first shaking off the dust, which contained asbestos fibers. Those victims of secondary exposure have the legal right to compensation for medical expenses and for their pain and suffering.
What Do I Have to Pay for Legal Representation?
Most lawyers take mesothelioma cases on a contingency basis, meaning that the lawyers’ fees and costs are taken out of any settlement or money verdict. Your lawyer’s percentage of the recovery may range from one-third to 40 percent or more.
These cases can take years and cost thousands of dollars before being resolved. Be sure you know what the legal fees are and what expenses will come out of your settlement before you sign a retainer agreement.
What Qualifications Do You Have?
Mesothelioma cases are extremely complex. You will want a law firm and an attorney who will personally represent you and not refer your case to some other firm. You will want to know how many cases the attorney has handled, the firm’s record of success in mesothelioma cases, and the degree of communication as you will want to be periodically updated on the progress of your case.
Also, have the attorney explain the legal process in detail including what documents will be needed and your role in the case.
What Damages Can I Recover?
Once liability is established, you are entitled to recover damages for the following:
- Medical expenses related to mesothelioma exposure
- Lost earnings or loss of earning capacity if you were forced to retire early
- Pain and suffering
- Punitive damages, if applicable
Some states limit the amount of compensation you can collect or may not allow punitive damages or have placed a limit on them.
Should you not survive the resolution of your mesothelioma claim, your attorney can have your case tried as a wrongful death. Your survivors may collect for your medical expenses, pain and suffering while you were alive, and loss of love and consortium.
Your state law may apply in this case so ask your attorney about the damages to which your survivors may be entitled.
Our attorneys at Danziger & De Llano have over 20 years of experience helping mesothelioma victims recover compensation from asbestos companies. Contact us today at for a Free, no obligation consultation.
