Asbestos Lawsuit: Filing a Claim for Cancer Cases

An Asbestos lawsuit allows individuals with asbestos-related cancers to seek compensation. This can cover medical expenses, lost income, and pain and suffering. The number of cases has risen in recent years as more people realize they were unknowingly exposed to asbestos at work or in their communities. Despite regulations limiting asbestos use, these cases demonstrate the ongoing dangers due to asbestos’s long latency period between exposure and diagnosis.

Key Information:

• Asbestos trust funds from bankrupt companies can provide faster payouts, sometimes in as little as 90 days.
• Most asbestos cases settle out of court, with approximately 95 percent reaching settlement instead of going to trial.
• Settlements typically resolve faster than trials, often within 12 to 18 months, while trials can take years.
• Compensation depends on illness severity, exposure history, and evidence strength, with mesothelioma settlements averaging between $1 million and $2 million.
• Some cases have resulted in significant verdicts, with one of the largest awarding $250 million in 2003.

What is Asbestos?

Asbestos is a natural mineral used for its durability and resistance to heat, fire, and corrosion. These qualities made it popular in the construction, shipbuilding, manufacturing, and automotive industries until the 1970s when its health risks became public.

Once released into the air, asbestos fibers can be inhaled or ingested, causing severe inflammation and scarring in the lungs and other tissues. Although asbestos use has declined, it remains present in many older buildings, products, and industrial sites.

The 1970s marked the start of regulatory measures against asbestos, with agencies such as the Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) implementing safety standards.

Despite these regulations, asbestos-related diseases continue to appear due to the long latency period between exposure and diagnosis.

Health Risks of Asbestos Exposure

The adverse health effects of asbestos exposure are serious and well-documented. Asbestos exposure can lead to life-threatening diseases. The primary health conditions associated with asbestos exposure are:

Mesothelioma

A rare but aggressive cancer affecting the lining of the lungs (pleura), abdomen (peritoneum), or heart (pericardium). Mesothelioma is almost exclusively caused by asbestos exposure. An estimated 3,000 Americans are diagnosed with mesothelioma each year, and the disease typically develops decades after initial exposure.

Lung Cancer

Asbestos exposure significantly increases the risk of lung cancer, with studies indicating that asbestos workers are more than twice as likely to develop lung cancer than the general population. According to The National Cancer Institute, Lung and bronchus cancer represents 11.7% of all new cancer cases in the U.S.

Source: National Cancer Institute

Asbestosis

A chronic lung disease caused by prolonged exposure to asbestos fibers, leading to lung scarring, shortness of breath, and increased susceptibility to respiratory infections. Asbestosis is progressive, with symptoms worsening over time, making it a debilitating condition.

Other Cancers

The International Agency for Research on Cancer (IARC) recognizes asbestos as a cause of several other cancers, including those of the larynx, ovary, stomach, and possibly the esophagus. These cancers are also linked to asbestos fibers accumulating in sensitive tissues and triggering cellular damage.

Who is at Risk of Asbestos Exposure?

The occupations at the highest risk for asbestos exposure include construction, shipbuilding, manufacturing, and demolition.

According to data from the Agency for Toxic Substances and Disease Registry (ATSDR), approximately 27 million workers in the United States were exposed to asbestos from 1940 to 1979. Some of the most affected occupations include:

• Construction Workers: Asbestos was used in insulation, floor and ceiling tiles, roofing materials, and cement. Construction workers involved in renovating or demolishing older buildings face significant exposure risks.

• Shipyard Workers: Due to its fire-resistant properties, asbestos was widely used in ship construction. Shipyard workers often handled asbestos-containing products directly, putting them at considerable risk.

• Industrial Workers:: Workers in factories, power plants, and chemical facilities encountered asbestos regularly. Many industrial processes relied on asbestos for insulation and protection against high temperatures.

• Firefighters and First Responders: When older buildings with asbestos catch fire or collapse, airborne asbestos fibers can pose serious health risks for emergency personnel.

Even family members of asbestos-exposed workers are at risk. Secondhand exposure occurs when workers bring asbestos fibers home on their clothing or equipment, unknowingly exposing household members. Environmental exposure can also occur in communities near asbestos mines or processing plants.

Signs and Symptoms of Asbestos-Related Diseases

Due to the long latency period associated with asbestos-related diseases, symptoms may not appear until 10-50 years after exposure. Early detection is difficult, and the time symptoms may advance, the disease becomes noticeable.

Here’s a look at common symptoms for each asbestos-related illness:

• Mesothelioma: Symptoms vary by affected area but commonly include chest or abdominal pain, persistent cough, difficulty breathing, and unexplained weight loss. Pleural mesothelioma, the most common form, often starts with fluid buildup in the chest cavity.
• Lung Cancer: Coughing up blood, chest pain, hoarseness, chronic coughing, and breathlessness are common symptoms of lung cancer caused by asbestos exposure.
• Asbestosis: Symptoms of asbestosis are less severe than those of cancerous conditions but include difficulty breathing, chronic cough, and chest tightness. The scarring caused by asbestosis can make it hard for the lungs to expand and contract normally.

Diagnosis and Medical Tests

Accurate diagnosis of asbestos-related diseases requires specialized testing. Early detection is crucial but challenging due to the latency period. Common tests include:

• Imaging Tests: Chest X-rays and CT scans can identify lung abnormalities, tumors, or pleural thickening. These are usually the first diagnostic steps for individuals with an asbestos exposure history.
• Biopsy: A biopsy confirms cancer types by analyzing tissue samples from the affected area. Procedures like thoracoscopy or laparoscopy allow doctors to obtain tissue samples without invasive surgery.
• Pulmonary Function Tests: These tests, used primarily for asbestosis diagnosis, assess lung capacity and oxygen intake and indicate potential lung damage.

Legal Rights for Asbestos Victims

Individuals suffering from asbestos-related diseases have specific legal rights that allow them to seek compensation, hold negligent parties accountable, and pursue justice. Here are some of the key legal rights and relevant laws that protect asbestos victims:

Right to Compensation under Tort Law

Tort law provides individuals harmed by negligence the right to seek compensation. Asbestos victims can file personal injury lawsuits or wrongful death claims to recover damages for medical expenses, lost wages, and pain and suffering. This legal right forms the foundation of most asbestos litigation in the United States.

Fairness in Asbestos Injury Resolution (FAIR) Act

While not passed, proposed laws like the FAIR Act aimed to streamline asbestos claims through a national trust fund, highlighting ongoing legislative efforts to support asbestos victims. Although the act was not enacted, it represents the intention to make the claims process more accessible and efficient.

Occupational Safety and Health Act (OSHA) Regulations

OSHA enforces workplace safety standards related to asbestos, including the right to protective equipment and training for employees in industries at risk of asbestos exposure. Under OSHA, employees have the right to a safe workplace and can report unsafe conditions without fear of retaliation.

Asbestos Hazard Emergency Response Act (AHERA)

The Asbestos Hazard Emergency Response Act, enacted in 1986, requires educational institutions to inspect for asbestos and implement management plans to protect students, teachers, and staff. Victims exposed in schools have legal rights under AHERA to report and seek action if exposed.

Statute of Limitations for Asbestos Lawsuits

The statute of limitations is the legal time limit for filing an asbestos lawsuit, which varies by state. Generally, this time frame is between 1 to 5 years and typically begins from the date of diagnosis for personal injury claims or the date of death for wrongful death claims.

Most states allow 1 to 3 years from the date of diagnosis with an asbestos-related illness to file a claim. A few states, like California, have a 1-year limit, while others, like Maine, allow up to 6 years.

For claims filed by family members after a loved one’s death due to asbestos exposure, the statute of limitations often ranges from 1 to 3 years starting from the date of death. For example, New York allows 2 years, while Illinois provides 3 years.

Eligibility Criteria for Filing a Claim

To be eligible for an asbestos lawsuit, individuals generally must have a documented asbestos-related disease and proof of exposure. Key eligibility criteria include:

• Diagnosis: Mesothelioma, lung cancer, asbestosis, or another asbestos-related illness must be confirmed by medical documentation.
• Employment and Exposure Evidence: Documentation showing employment in high-risk industries, such as shipyards or factories, supports the claim. Family members can also file a wrongful death lawsuit if a loved one passes away due to asbestos exposure.
• Legal Representation: An experienced asbestos lawyer is crucial for gathering evidence and navigating the legal process. Many law firms have investigative resources to uncover exposure history for victims who may not recall specific sources.

Types of Asbestos Lawsuits

There are three primary types of asbestos-related lawsuits: personal injury lawsuits, wrongful death lawsuits, and class action lawsuits. Let’s explore each type, as they each serve unique purposes and follow distinct processes based on an individual’s exposure history, illness, and specific circumstances.

Personal Injury vs. Wrongful Death Lawsuits

Below are the two main types of asbestos lawsuits. Each serves a different purpose, depending on the victim’s situation.

Personal Injury Lawsuits

These lawsuits are filed directly by individuals diagnosed with asbestos-related illnesses like mesothelioma or lung cancer. The purpose is to secure compensation for medical costs, lost wages, and physical and emotional suffering.

According to recent data, the average personal injury settlement for mesothelioma patients ranges between $1 million and $2 million, with some trial verdicts awarding much higher amounts if negligence is evident. In 2020 alone, over 3,500 asbestos lawsuits were filed, a significant number driven by personal injury claims.

Wrongful Death Lawsuits

Filed by surviving family members, wrongful death lawsuits seek compensation for families affected by the loss of a loved one to an asbestos-related illness. The compensation awarded can be used for funeral expenses, lost income, and loss of companionship.

One of the largest wrongful death verdicts occurred in 2003 when U.S. Steel was ordered to pay $250 million to the family of Roby Whittington, who had developed mesothelioma after years of workplace exposure.

Asbestos Class Action Lawsuits

Class action lawsuits allow a group of individuals with similar claims against the same defendant to file a lawsuit collectively. While less common in asbestos cases, they do occur in situations where exposure circumstances are nearly identical.

For example, workers exposed to asbestos at the same plant or factory could consider a class action if they share similar exposure histories and illnesses. However, because asbestos exposure often varies widely, many plaintiffs prefer individual claims, which typically yield higher compensation.

Since the 1997 Supreme Court decision that limited class actions for asbestos claims, most lawsuits have been filed individually.

How to File an Asbestos Lawsuit

Understanding the lawsuit process can help individuals take informed steps to seek justice. Filing an asbestos exposure lawsuit involves several key stages:

1. Consultation with an Experienced Lawyer

Selecting a reputable law firm that specializes in asbestos litigation is crucial. Lawyers often offer free consultations to assess the case and explore legal options.

2. Evidence Collection

During this phase, the lawyer gathers crucial evidence, such as medical records, employment history, and any witness statements that confirm asbestos exposure.

Asbestos lawyers have access to databases with detailed records on exposure risks, often containing information on which asbestos companies used specific asbestos-containing products. Access to such resources can significantly strengthen a case.

3. Filing the Complaint

After the evidence is gathered, the lawyer files a formal complaint in court. The complaint includes details about the asbestos exposure, the illness, and the damages sought.

4. Discovery Phase

During discovery, both sides exchange relevant information. Depositions, where plaintiffs and defendants provide sworn statements, are common in this phase. Evidence presented in discovery is crucial to establishing negligence.

Asbestos Settlements vs. Trials

When pursuing compensation for asbestos-related illnesses, victims can choose between settling out of court or going to trial. Here are the key advantages and disadvantages of each option.

Advantages of Settling

• Quicker Resolution: Settlements usually resolve within 12 to 18 months.
• Lower Risk: Settling avoids the unpredictability of a trial outcome.
• Less Stress: Settling is less demanding than a trial and beneficial for ill plaintiffs.
• Privacy: Settlements are often confidential, keeping details private.

Disadvantages of Settling

• Potentially Lower Compensation: Settlements may be lower than trial verdicts, which can exceed $5 million.
• Limited Accountability: Companies may settle without admitting fault or facing penalties.
• Finality: Once settled, plaintiffs cannot pursue further claims for the same illness.

Advantages of Going to Trial

• Higher Potential Compensation: Trials can award significantly higher payouts.
• Punitive Damages: Trials may result in punitive damages against negligent companies.
• Accountability: Trials publicly hold companies responsible for asbestos harm.

Disadvantages of Going to Trial

• Longer Duration: Trials can take 2 to 3 years or longer.
• Higher Emotional Toll: Trials require more time, energy, and involvement from plaintiffs.
• Unpredictable Outcome: Trials carry the risk of losing and receiving no compensation.

Average Compensation Amounts

The compensation awarded in asbestos cases varies significantly based on the illness’s severity, the strength of evidence, and other case-specific factors. For mesothelioma claims, settlement amounts typically fall between $1 million and $2 million. However, when cases proceed to trial, awards can be notably higher due to the additional scrutiny of evidence and the potential for punitive damages.

The average trial verdict ranges from $5 million to $11.4 million, reflecting the grave impact of asbestos-related diseases on victims and their families. One of the most substantial awards occurred in 2014, when a New York jury granted $190 million in a combined verdict to five mesothelioma patients, setting a historic precedent in asbestos litigation.

Factors That Affect Compensation

Compensation in asbestos cases varies based on several factors. Important variables include age, exposure history, and the quality of legal representation. Let’s explore how these elements influence potential payouts.

Severity of Disease

The type and progression of the illness greatly impact compensation. For instance, cases involving mesothelioma or asbestos-related lung cancer tend to receive higher payouts than less severe conditions, like asbestosis.

Diseases such as mesothelioma are aggressive, often incurable, and require extensive medical care, leading to substantial compensation amounts.

Exposure History

A clear exposure history strengthens the case significantly. Courts and settlements favor cases with documented proof of asbestos exposure linked to specific companies or products. Plaintiffs showing a clear connection between their disease and asbestos exposure at work or from specific asbestos-containing products are more likely to receive favorable outcomes.

Strength of Evidence

Solid evidence of asbestos exposure and the company’s negligence is crucial. Cases with comprehensive documentation and witness statements often secure higher compensation.

Legal Representation

Having an experienced lawyer specializing in mesothelioma cases can significantly affect compensation. Skilled attorneys understand how to compile strong evidence, navigate complex legal rules, and negotiate effectively. They often secure better settlements or trial outcomes, maximizing compensation for clients.

Mesothelioma Trust Funds

Mesothelioma trust funds are financial reserves established by companies that manufacture or use asbestos products. These companies, facing numerous mesothelioma lawsuits and other asbestos claims, filed for bankruptcy to manage the overwhelming legal costs.

As part of their bankruptcy reorganization, they were legally required to create trust funds dedicated to compensating current and future victims of asbestos exposure. Today, these funds offer an essential source of financial support for those affected by asbestos-related illnesses like mesothelioma, lung cancer, and asbestosis.

These trusts aim to ensure that victims receive fair compensation without pursuing lengthy and costly litigation. Unlike traditional mesothelioma cancer lawsuits, claims against trust funds do not go to trial. This often allows for faster payouts, which can especially benefit individuals needing immediate medical and financial assistance.

Accessing mesothelioma trust funds involves several steps, but with the right guidance, victims can efficiently file a claim and potentially receive compensation within a few months. Here’s a general overview of how to navigate the process:

How Long Do Asbestos Lawsuits Take?

Here’s a realistic look at how long each stage may take from start to resolution, whether through a traditional lawsuit or an asbestos trust fund claim.

Asbestos Trust Fund Claims

Trust fund claims offer the fastest path to compensation for asbestos-related illnesses. Since these claims don’t involve a court trial, the process is often streamlined:

• Average Timeline: Most trust fund claims are processed within 90 to 180 days from filing.
• Filing Requirements: Victims must meet specific criteria set by the trust fund, including proof of exposure and diagnosis, which can speed up processing time.
• Payment Percentage: Due to limited resources, most trust funds pay only a portion of the full claim value to ensure future claimants can also receive compensation. This payout percentage varies but is generally 5% to 25% of the full claim value.

Traditional Asbestos Lawsuits

For those seeking higher compensation, a traditional mesothelioma lawsuit or asbestos-related personal injury lawsuit may be an option. However, these lawsuits often take longer, involving multiple stages and possibly a trial.

• Initial Filing and Consultation: Finding and consulting with an attorney, followed by filing the claim, typically takes 1 to 3 months.
• Discovery Phase: The discovery process, where both sides gather evidence, can last between 6 and 12 months. For complex cases with multiple defendants, this phase may extend beyond a year.
• Settlement Negotiations: Many asbestos cases are resolved through settlement negotiations, typically reached within 12 to 18 months of filing.
• Trial and Verdict: If a settlement isn’t reached, the case proceeds to trial, which may add another 6 to 12 months or more. Trials can occur up to 2 to 3 years after the initial filing.

Fast-Tracking for Severe Cases

In some instances, courts expedite cases for critically ill plaintiffs. For example:

• Fast-Track Programs: Courts in states like New York and California have fast-track options for terminally ill mesothelioma patients, aiming for resolution within 6 to 9 months.
• Health Condition Priority: Critically ill plaintiffs can petition the court for priority handling to reduce the burden of a lengthy trial.

Asbestos Lawsuit FAQs

What If I’m Diagnosed After The Statute Of Limitations?

The statute of limitations for asbestos cases varies by state, typically ranging from 1 to 5 years after diagnosis. If diagnosed after this time, some states may allow exceptions, especially if the disease’s connection to asbestos was not initially known.

How Much Can You Claim For Asbestos Exposure?

Asbestos exposure settlements average between $1 million and $2 million, with trial verdicts reaching as high as $5 million to $11.4 million.

What Is The Average Payout For Asbestosis?

Asbestosis settlements often range between $500,000 and $1 million, although the final amount depends on the plaintiff’s suffering, medical costs, and exposure history.

Can You Recover From Asbestos Exposure?

While it’s possible to treat symptoms, asbestos-related diseases are often irreversible. For conditions like asbestosis or mesothelioma, treatments can manage symptoms and improve quality of life, but full recovery is rare. Preventative measures remain crucial, especially in occupations at risk of exposure.

How Much Is The Compensation For Lung Damage?

Lung damage from asbestos exposure, particularly cases involving cancer, often results in significant compensation. Claims for lung cancer related to asbestos exposure can bring settlements ranging from $1 million to $2 million, with trials potentially awarding more if negligence is proven.

How Do I Know If My Workplace Has Asbestos?

Employers must legally disclose known asbestos in the workplace and follow safety regulations. If you suspect asbestos exposure, ask your employer about past building inspections or conduct a personal investigation through local building records.

Can I File A Lawsuit If I Was Exposed Many Years Ago?

Yes, you may still be eligible to file a lawsuit even if the exposure occurred decades ago. Due to the long latency period of asbestos-related diseases, which can take 20 to 50 years to develop, the statute of limitations usually starts only upon diagnosis, not at the time of exposure.

Are There Any Risks In Filing An Asbestos Lawsuit?

Filing an asbestos lawsuit can be a lengthy and emotionally challenging process. While financial risk is generally low due to contingency fees (where attorneys are paid only if you win), the lawsuit may require depositions and detailed exposure histories, which can be taxing for patients.

Also, there is no guaranteed outcome, especially if evidence is lacking or companies have declared bankruptcy. Working with experienced asbestos attorneys can help manage these risks and improve the chances of a successful claim.

Conclusion

Filing an asbestos lawsuit can help individuals and families affected by asbestos-related illnesses like mesothelioma, lung cancer, and asbestosis. These lawsuits allow people to seek financial support for medical bills, lost wages, and the pain they’ve suffered due to asbestos exposure at work, at home, or in their communities.

There are different ways to seek compensation, such as filing personal injury or wrongful death claims or applying to asbestos trust funds. If you or someone you know has been diagnosed with an asbestos-related disease, speaking to an experienced asbestos lawyer can help you understand your options and guide you through the steps.

Disclaimer: The information provided in this article is for informational purposes only and does not constitute legal advice. Readers should consult with a licensed attorney for legal guidance regarding their specific situation. The content is not intended to create, and receipt of it does not constitute an attorney-client relationship.