Articles Posted in Mesothelioma Attorney

If you have been diagnosed with mesothelioma, you have the right to file a mesothelioma lawsuit against parties responsible for your asbestos exposure. Mesothelioma lawsuits require compelling evidence of asbestos exposure to hold negligent parties accountable. Unfortunately, gathering such evidence can be challenging due to the disease’s long latency period. Companies responsible for asbestos exposure may have shut down, witnesses might struggle to recall details, and you may have unknowingly faced multiple asbestos exposures. Despite all this, you can build a solid case with the proper evidence. Here is how you can do this:

Gather as Many Documents as You Can

Comprehensive documentation is crucial for a successful mesothelioma lawsuit. This includes gathering key documents, such as:

Mesothelioma is an uncommon and aggressive cancer primarily caused by exposure to asbestos. If you have received a mesothelioma diagnosis, you may be wondering what to do next. While seeking immediate medical care should be your priority, understanding your legal rights is crucial.  This is not just about seeking justice but also about securing your financial future and that of your loved ones. Let us dive into the rights you have after a mesothelioma diagnosis.

Right to Compensation

If you or someone close to you has received a mesothelioma diagnosis, you may qualify for compensation to help you cover the medical care you need, lost income, and other related damages. While compensation may not help cure mesothelioma, it can help pay for your medical bills, including future treatment and palliative care, while providing much-needed financial security for your loved ones.

Mesothelioma mainly develops as a result of asbestos exposure, and many veterans in all branches of service, including the military, especially in the Navy, Marine Corps, and Coast Guard, were unfortunately heavily exposed to asbestos. If you are a veteran diagnosed with mesothelioma, you may qualify for monthly tax-free benefits and no-cost healthcare. Here is a step-by-step guide to filing a claim and securing the benefits you deserve.

Eligibility Criteria for Benefits

To receive mesothelioma-related United States Department of Veterans Affairs (VA) benefits, you must meet specific requirements, including the following:

For purposes of this article, the claimants in this case will be referred to as S.S and B.S.

In a recent court decision, a Rhode Island judge ruled in favor of two plaintiffs, S.S. and B.S., a couple pursuing justice against Johnson & Johnson (J&J) in a mesothelioma lawsuit. S.S., a mesothelioma patient, and B.S., her husband, filed the lawsuit against more than 40 defendants, including two subsidiaries of Johnson & Johnson, who they blame for negligently exposing her to asbestos through their talc products. J&J and the two subsidiaries petitioned the court to substitute two other subsidiaries, but the judge presiding over the case denied the request.

S.S. and B.S. filed a lawsuit in March this year, citing exposure to asbestos-contaminated talc products as the cause of S’s mesothelioma. Among the many defendants, the two named in their lawsuit were LLT and Old Holdco, two J&J subsidiaries. Johnson & Johnson is facing many asbestos-related lawsuits, so to shift its legal focus, the giant pharmaceutical company tried to substitute two other subsidiaries. J&J asked the court to assign its liabilities to Pecos River Talc LLC and Johnson and Johnson Holdco Inc. J&J’s request was rooted in a corporate restructuring process the company claimed shifted its talc-related liabilities. In other words, according to Johnson & Johnson, Pecos and Johnson and Johnson Holdco are the defendants that should have been named in the lawsuit.

For purposes of this article, the mesothelioma victim in this case will be referred to as T.W. and his wife as J.W.

In a recent court decision, a judge denied a defendant’s motion for summary judgment and allowed a widow to proceed with her mesothelioma wrongful death claim. After J.W.’s husband died of malignant mesothelioma, a rare and aggressive form of cancer, she filed a wrongful death claim against the companies she blames for negligently exposing her husband to the asbestos that caused his illness. Among the many companies named in the lawsuit was Crosby Valve, LLC. This defendant tried to have the case dismissed by filing a motion for summary judgment. However, the judge presiding over the case denied that request.

According to Mrs. J.W.’s lawsuit against Crosby Valve, her husband suffered asbestos exposure in gaskets the company had recommended using together with their valves. The defendant argued that the widow had failed to prove that her late husband had been directly exposed to any asbestos products they had manufactured. Crosby argued that it was not obligated to warn about the dangers of third-party products used in combination with their valves.

Mesothelioma is an uncommon and aggressive cancer primarily caused by exposure to asbestos. If you have received a mesothelioma diagnosis, you may be wondering what to do next. While seeking immediate medical care should be your priority, understanding your legal rights is crucial.  This is not just about seeking justice but also about securing your financial future and that of your loved ones. Let us dive into the rights you have after a mesothelioma diagnosis.

Right to Compensation

If you or someone close to you has received a mesothelioma diagnosis, you may qualify for compensation to help you cover the medical care you need, lost income, and other related damages. While compensation may not help cure mesothelioma, it can help pay for your medical bills, including future treatment and palliative care, while providing much-needed financial security for your loved ones.

For purposes of this article, the mesothelioma widow, in this case, will be referred to as E.M. and her late husband as R.M.

In a recent legal development, a widow convinced a federal judge to return her lawsuit to local courts, defeating the defendant’s attempt to shift the case to federal jurisdiction. E.M. faced a heartbreaking loss when her husband, R.M., died from mesothelioma. After her loss, she filed a lawsuit against several companies she blames for her husband’s death. However, one defendant, Foster Wheeler (F.W.), tried to shift the case to federal court using the federal officer removal statute. E.M. successfully argued that her case was not connected to Navy vessels, convincing the court to let her case remain in local courts.

Mrs. E.M.’s husband, Mr. R.M., died in August 2023 from mesothelioma. Mesothelioma is a form of cancer caused by asbestos exposure. Asbestos is a harmful mineral that was once widely used in construction, shipbuilding, and manufacturing. This rare and aggressive illness affects the mesothelium, the protective layer surrounding most internal organs. Mrs. E.M. filed a mesothelioma claim against the companies she blames for her husband’s death in November of the same year. In her lawsuit, she indicated three locations where her husband was exposed to asbestos, one of them being Lockheed Shipbuilding Company. One of the defendants responded by asking Mrs. E.M. to share details about her husband’s employment history and worksites. E.M.’s responses did not mention any ships her husband had worked on or if he had worked on vessels or land. Later, she requested details about the company’s work at the Lockheed site.

For purposes of this article, the mesothelioma victim in this case will be referred to as M.C.W.

In a recent court decision, a mesothelioma victim prevailed against North American Honda Motor Co. Inc (Nissan) and was awarded $600,000 in damages. After M.C.W. was diagnosed with mesothelioma, he and his wife filed a personal injury lawsuit against several defendants he blamed for having exposed him to asbestos. Mesothelioma is an aggressive and fatal form of cancer that is caused by asbestos exposure. After hearing his case, a New York jury awarded him $300,000 for past pain and suffering and an additional $300,000 for future pain and suffering.

Mr. W’s case followed a pattern that is familiar to many mesothelioma victims. In many cases, mesothelioma victims face asbestos exposure from multiple sources. In M.C.W.’s initial lawsuit, he named several high-profile companies, including BMW of North America, American Honda Motor Company, American Biltrite, Ford Motor Company, Amchem Products, and General Electric. Some of these cases were dismissed during legal proceedings after the defendants filed petitions for summary judgment. Others were resolved through out-of-court settlements, which is how most mesothelioma claims are resolved. In the end, the only remaining defendant was Nissan.

For purposes of this article, the deceased mesothelioma victim in this case will be referred to as R.L.S. or Mr. S and the widow as Mrs. S.

In a recent court decision, the Pennsylvania Superior Court ruled in favor of a widow pursuing a wrong death claim after losing her husband to mesothelioma. R.L.S. was diagnosed with malignant mesothelioma after suffering asbestos exposure while working with Penelec for over 20 years. Before his death, Mr. S and his wife filed a lawsuit against Penelec. After Mr. S died, his wife amended the complaint to include a wrongful death claim. Though Penelec’s insurance company contested its obligation to defend the employer against the claims, the Pennsylvania Superior Court ruled in favor of the widow and allowed the case to continue. This case highlights the complex way that insurance companies handle mesothelioma claims against victims’ employers.

After Mr. S’s diagnosis, he and his wife filed a lawsuit against Penelec for Mr. S’s occupational exposure. They alleged negligence, strict liability, breach of warranty, and failure to monitor medical risks. The lawsuit also included a claim for loss of consortium for Mrs. S. Sadly, R.L.S. passed away before his claim was resolved. After his death, his wife amended the complaint to include a wrongful death claim. The claim seeks damages for herself and her children. Penelec’s insurer, Continental Insurance Company, initially defended the employer but later withdrew, arguing that it was legally excluded from the lawsuit. Basically, what this means is that the policy did not cover such claims. According to the insurance company, Mr. S’s claims fell outside the scope of its liability. The insurance company cited the state’s workers’ compensation laws as grounds for exclusion.

After a mesothelioma diagnosis, the victim or their family can file a lawsuit against the parties they blame for the asbestos exposure that led to the diagnosis. However, filing a mesothelioma lawsuit after the statute of limitations has expired can greatly affect the outcome of the case. A statute of limitations is a law that sets the length of time claimants have to file their lawsuits. Failing to file your mesothelioma lawsuit within the statute of limitations can lead to the dismissal of your case. It can lead to you losing your right to seek compensation regardless of the strength of your case. Read on to learn more!

What Is a Mesothelioma Statute of Limitations?

A mesothelioma statute of limitations defines how much time a patient or their family (in case the victim passes away) has to file a lawsuit. The statute of limitations for mesothelioma lawsuits varies from state to state. In the U.S., the statute of limitations for mesothelioma cases ranges from one to six years. Many states have a mesothelioma statute of limitations of two years.

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