Asbestos/Mesothelioma Lawsuit

Getting a cancer diagnosis is never easy, and it can be especially difficult to process when it seems to come out of the blue. Mesothelioma is a rare type of cancer that can affect those who have been exposed to asbestos over a long period of time. According to  the American Cancer Society[1], about 3,000 new mesothelioma cases are diagnosed each year in the United States. Often, those exposed to asbestos didn’t even realize they were being exposed to anything that can cause them harm in the future. If you have been diagnosed with mesothelioma cancer, you may be entitled to substantial compensation through filing an asbestos mesothelioma lawsuit against those who may be responsible for your asbestos exposure, including previous employment and products containing asbestos.

Used for centuries due to its durability[2], asbestos is a natural mineral that can be found in over 3,000 consumer products. Eventually, it was discovered that when asbestos fibers were released into the air and inhaled, it can be very harmful. Many workers, for example, were exposed to asbestos daily, only to find themselves facing serious health issues later on. In fact, the harmful effects of inhaling asbestos can take anywhere from 10 to 50 years to manifest.

Aside from mesothelioma, asbestos is reportedly known to cause other harmful conditions[3], including:

• Pleural effusion
• Lung cancer
• Pleural plaques
• Asbestosis
• Pleural thickening
• Other types of cancers, including kidney and ovarian cancer

Understanding Mesothelioma

Mesothelioma[4] is an aggressive cancer that primarily affects the lining of the heart, lungs, or abdomen. It is directly caused by exposure to asbestos, a naturally occurring mineral once widely used in various industries for its heat resistance and durability. When asbestos fibers are ingested, they can become lodged in the mesothelium, the protective lining surrounding these organs. Over time, these fibers cause inflammation, scarring, and genetic damage, leading to the development of mesothelioma.

Asbestos Exposure

The initial symptoms of mesothelioma[5] can vary depending on the location of the cancer. Some common early signs include shortness of breath, dry cough or wheezing, and abdomen and/or chest pain. As the disease progresses, individuals may experience fatigue, weight loss, difficulty swallowing, and fluid buildup in the affected area.

Diagnosing mesothelioma[6] typically involves a combination of medical history review, physical examinations, imaging tests (such as X-rays, CT scans, and MRIs), and biopsies. Once a diagnosis is confirmed, the stage and extent of the cancer are determined to guide treatment decisions.

Unfortunately, mesothelioma often has a poor prognosis, with an average life expectancy of six to 12 months after diagnosis. This is partly due to the fact that symptoms often appear in the later stages of the disease when treatment options are limited. However, advancements in medical research and treatment have improved survival rates for some patients, particularly when the disease is detected early.

The treatment approach for mesothelioma typically involves a multidisciplinary approach, combining surgery, chemotherapy, and radiation therapy. The specific treatment plan depends on various factors, such as the stage of the cancer, the location, and the overall health of the patient. Surgery aims to remove the tumor and affected tissue, while chemotherapy and radiation therapy target cancer cells to slow down their growth or eliminate them.

Filing an Asbestos/Mesothelioma Lawsuit

In recent years, there have been significant legal developments related to mesothelioma and asbestos exposure. Those who have been diagnosed with mesothelioma due to asbestos exposure may seek compensation through asbestos exposure lawsuits or mesothelioma lawsuits. These legal actions are often pursued to hold companies accountable for negligently exposing individuals to asbestos and failing to warn them about the associated health risks. Compensation from such lawsuits can help cover medical expenses, lost wages, and provide financial support for affected individuals and their families.

It’s important for individuals who have been diagnosed with mesothelioma to consult with an experienced attorney specializing in asbestos mesothelioma lawsuits. These attorneys can provide guidance and support throughout the legal process, ensuring that the necessary evidence is gathered and a strong case is built to maximize the chances of obtaining the deserved financial compensation.

What is pre-settlement funding for an asbestos/mesothelioma lawsuit?

Pre-settlement funding for an asbestos/mesothelioma lawsuit refers to a financial option available to mesothelioma patients who have filed a legal claim seeking compensation for their asbestos-related illness. It is designed to help alleviate the financial burdens mesothelioma patients face during the litigation process. Since these lawsuits can take a significant amount of time to reach a settlement or trial verdict, patients may struggle to cover their medical expenses, living costs, and other financial obligations.

How long does it take for you to get approved for pre-settlement funding for your lawsuit related to asbestos/mesothelioma?

Upon approval of your application and acceptance of the purchase agreement, you can expect to receive your settlement advance within 24 business-day hours.

What are the requirements for you to get pre-settlement funding for your lawsuit related to asbestos/mesothelioma?

To be eligible for pre-settlement funding, you must meet the following requirements:

• Have legal representation: It is essential to have an attorney who can provide legal guidance and protect your rights throughout the process.
• File a claim: Your case must already be filed, indicating that it is actively being pursued through the legal system.
• Reside in a serviced state: You must live in one of the states where our pre-settlement funding services are available. USClaims does not currently provide funding to consumers residing in Arkansas, Kentucky, Maryland, Minnesota, Mississippi, Washington, D.C., or West Virginia.

Meeting these requirements will allow you to access the assistance and support we offer during your ongoing legal journey.

Liability in Asbestos/Mesothelioma Lawsuits

Companies that manufactured or used asbestos-containing products can be held liable for asbestos exposure through various legal mechanisms. Here are some ways in which these companies can be held accountable, along with examples of situations where liability can still be established even if the exposure occurred decades ago:

• Product Liability[7]: Companies can be held liable under product liability laws if their asbestos-containing products were defectively designed, manufactured, or marketed. If it can be proven that the asbestos products were unreasonably dangerous, the company may be held responsible for any resulting harm.

Example: A manufacturer knowingly sells asbestos insulation without adequate warnings about its health risks, leading to asbestos-related illnesses among workers or consumers.

• Failure to Warn[8]: Companies have a duty to warn individuals about known dangers associated with their products. If a company was aware of the health risks of asbestos exposure but failed to provide adequate warnings or instructions, they may be held liable for resulting damages. 

Example: A company that manufactured asbestos brake pads failed to inform mechanics about the dangers of inhaling asbestos fibers during installation and repairs.

• Negligence[9]: Companies can be held liable for negligence if they breached their duty of care towards workers or others who were exposed to asbestos. Negligence can be established if the company failed to take reasonable precautions to protect individuals from asbestos exposure or failed to adhere to safety regulations. 

Example: An employer knowingly exposed workers to asbestos without implementing safety measures or providing protective equipment.

• Strict Liability[10]: Some jurisdictions recognize strict liability for asbestos-related claims. Under strict liability, it is not necessary to prove negligence or fault on the part of the company. If it is established that the product was defective and caused harm, the company can be held liable. 

Example: A company that manufactures asbestos-containing construction materials can be held strictly liable if those materials caused harm to individuals who were exposed to them during installation or demolition.

• Successor Liability[11]: In cases where a company that manufactured or used asbestos products has undergone mergers, acquisitions, or bankruptcies, successor companies may still be held liable for asbestos-related claims. This can occur if the successor company assumes the liabilities of the original company or continues to manufacture or distribute asbestos-containing products.

Example: A company that acquired another company’s asbestos division can be held responsible for the asbestos-related injuries caused by the acquired company’s products.

Even if the asbestos exposure occurred decades ago, individuals could still pursue legal action against the responsible companies. The latency period for asbestos-related diseases is long, often spanning several decades, and the harmful effects may not manifest until later in life. Legal systems often allow for a statute of limitations extension or apply the “discovery rule,” which starts the statute of limitations countdown from the time the harm or its cause was discovered or should have been reasonably discovered.

Settlements and Verdicts in Asbestos/Mesothelioma Pre-settlement Funding

Settlement negotiations in asbestos mesothelioma lawsuits generally involve discussions between the parties involved, including the plaintiff (the individual filing the lawsuit) and the defendant (the party being sued, such as an asbestos manufacturer or employer). The objective is to reach an agreed-upon settlement amount, thus avoiding the need for a trial. Factors considered in these negotiations typically include the strength of the case, potential damages, litigation risks and costs, and public perception. However, specific outcomes can vary. Notably, several cases have resulted in large settlement verdicts, such as:

• A Navy operating engineer, who developed mesothelioma due to asbestos exposure during his military service, received a settlement of $6.9 million[12].
• In another instance, a pipefitter diagnosed with mesothelioma was awarded $11 million[13] to cover his medical expenses and related costs.
• Additionally, a 50-year-old plumber claimed that his mesothelioma was caused by asbestos exposure during his occupation and received a $13 million[14] settlement.

These notable examples demonstrate the significant compensation awarded to individuals who have suffered from asbestos-related mesothelioma. While settlement negotiations are the preferred route to resolve such cases, if an agreement cannot be reached, the lawsuit may proceed to trial. In a trial, evidence, arguments, and witnesses are presented to a judge or jury, who then delivers a verdict determining liability and the amount of damages to be awarded. Subsequently, post-verdict actions can include the possibility of appeals, execution of the judgment, or continued settlement discussions. It is essential to consult with a qualified attorney for personalized legal advice, as the details and procedures can vary based on the jurisdiction and circumstances of each case.

How Much Money Can You Get Through Pre-Settlement Funding for Your Asbestos/Mesothelioma Lawsuit?

Our pre-settlement funding for asbestos/mesothelioma lawsuits offer claimants up to 12.5% of the anticipated gross case value. This non-recourse funding ensures you only repay if the case settles favorably. We have a 2X cap* on fees with non-compounding rates, providing financial security. However, the cap’s applicability may vary for different case types or jurisdictions. Our flexible funding solutions are tailored to your needs, delivering a significant portion of the potential settlement amount. With our support, you can receive a substantial sum of money to cover expenses and alleviate financial burdens during this challenging time. Our goal is to assist you as you pursue your legal case, ensuring fair and reasonable funding terms.

*2x cap may not be applicable for all types of cases and/or jurisdictions.

What Types of Exposure to Asbestos Can Qualify You for Pre-Settlement Funding Related to Mesothelioma?

Pre-settlement funding for mesothelioma is typically available to individuals who have been exposed to asbestos in certain circumstances. Qualification criteria may vary depending on the funding company, but generally, exposure through direct contact with asbestos-containing materials, such as in construction or industrial settings, is considered relevant. Additionally, secondary exposure, where individuals are indirectly affected through close contact with asbestos-exposed individuals, like family members or co-workers, may also qualify. Occupational exposure in industries known for asbestos use, like shipbuilding or mining, can be a basis for eligibility. Furthermore, military service in branches like the Navy, where asbestos was prevalent on ships and submarines, can also be a qualifying factor. It’s crucial to consult with a pre-settlement funding provider or legal professional familiar with mesothelioma cases to determine specific eligibility requirements for obtaining funding.

Hold Negligent Parties Accountable – Contact USClaims for Asbestos Mesothelioma Lawsuits Pre-Settlement Funding

There can often be a lot of uncertainty when it comes to waiting for an asbestos mesothelioma lawsuit to finalize. When facing a terminal illness, it’s understandable to want to make sure your family and loved ones will be well taken care of. Although there is no guarantee of when your lawsuit will finalize, USClaims may be able to help you and your family get some money sooner through pre-settlement funding. If a case is qualified for pre-settlement funding then we would purchase a portion of the proceeds of the anticipated court judgment or settlement for some cash now. USClaims only gets paid if a case is won or has reached a settlement! Apply now or call us today at 1-877-USCLAIMS to learn more.

Sources

1. “Key Statistics about Malignant Mesothelioma.” Www.cancer.org, www.cancer.org/cancer/types/malignant-mesothelioma/about/key-statistics.html.
2. ‌“The History of Asbestos | SCDHEC.” Scdhec.gov, scdhec.gov/environment/your-home/asbestos/history-asbestos.
3. ‌Miles, Susan E, et al. “Clinical Consequences of Asbestos-Related Diffuse Pleural Thickening: A Review.” Journal of Occupational Medicine and Toxicology, vol. 3, no. 1, 2008, p. 20, www.ncbi.nlm.nih.gov/pmc/articles/PMC2553409/, https://doi.org/10.1186/1745-6673-3-20.
4. ‌Mayo Clinic. “Mesothelioma – Symptoms and Causes.” Mayo Clinic, 2019, www.mayoclinic.org/diseases-conditions/mesothelioma/symptoms-causes/syc-20375022.
5. ‌“Mesothelioma – Symptoms and Signs.” Cancer.net, 25 June 2012, www.cancer.net/cancer-types/mesothelioma/symptoms-and-signs.
6. ‌“Mesothelioma – Diagnosis.” Cancer.net, 25 June 2012, www.cancer.net/cancer-types/mesothelioma/diagnosis. Accessed 12 July 2023.
7. ‌“Mesothelioma Lawsuit Guide (2023) – Forbes Advisor.” Www.forbes.com, www.forbes.com/advisor/legal/product-liability/mesothelioma-lawsuit/. Accessed 12 July 2023.
8. ‌White, Michelle. Understanding the Asbestos Crisis. 2003.
9. ‌“- ASBESTOS LITIGATION.” Www.govinfo.gov, www.govinfo.gov/content/pkg/CHRG-107shrg88289/html/CHRG-107shrg88289.htm. Accessed 12 July 2023.
10. ‌Supremecourt.gov, 2023, www.supremecourt.gov/DocketPDF/17/17-1104/42457/20180405133124354_17-1104. Accessed 12 July 2023.
11. ‌Sec.gov, 2021, www.sec.gov/Archives/edgar/data/1219601/000121960121000011/R15.htm. Accessed 12 July 2023.
12. ‌“Asbestos Exposure in the Navy | Mesothelioma Compensation.” Mesothelioma.com, www.mesothelioma.com/veterans/navy/. Accessed 12 July 2023.
13. ‌“Mesothelioma Settlements & Asbestos Payout Amounts.” Mesothelioma.com, www.mesothelioma.com/lawyer/compensation/settlements/. Accessed 12 July 2023.
14. ‌“Mesothelioma Settlements & Asbestos Payout Amounts.” Mesothelioma.com, www.mesothelioma.com/lawyer/compensation/settlements/. Accessed 12 July 2023.