Mesothelioma is an asbestos-induced cancer of the membrane surrounding and protecting the internal organs. Mesothelioma most commonly strikes the lining of the lungs, but can also affect that of the abdomen, heart or testicles. Severe symptoms of mesothelioma of the lung include shortness of breath, chest pain and cough. If you have been diagnosed with mesothelioma, contact our firm to speak with an experienced asbestos attorney about your legal rights.
A diagnosis of mesothelioma is devastating to both the victim and their family members. The complexities of these injuries require that you seek immediate legal representation from a knowledgeable lawyer. More information on mesothelioma and your legal options is listed below.
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At Shermoen & Jaksa, PLLP, in International Falls, Minnesota, we understand the consequences of a mesothelioma diagnosis. A loved one may be terminally ill and a family is in chaos. Let us handle the legal aspects of your legal claim while you deal with medical personal matters.
The aggressive nature of mesothelioma and other asbestos-related injuries requires you to act quickly. You need immediate legal assistance from an attorney who will build a fact-based personal injury claim. Waiting only makes a case more challenging for us and more difficult for you and your family.
Legal Redress for Mesothelioma and Other Asbestos Injuries
In the past century, thousands of people were exposed to harmful, airborne asbestos fibers in industrial settings and through the use of asbestos-containing products and construction materials. Sometimes the dangerous, often fatal, diseases from breathing or ingesting asbestos fibers are not manifest for even up to 50 years. Even now, people exposed decades ago are developing asbestos-induced illnesses like mesothelioma and asbestosis.
Courts continue to be choked with asbestos cases. Many large companies named as defendants in asbestos litigation have declared bankruptcy, and the resulting remedies and trust funds set up for claimants are sometimes inadequate. However, this does not mean victims have no legal recourse. If you have been exposed to asbestos to your physical, mental or economic detriment, consult an experienced attorney at Shermoen & Jaksa, PLLP in International Falls, Minnesota, to discuss your legal remedies.
RAND Asbestos Litigation Study
The combination of the overwhelming numbers of those exposed and the horrific nature of the resulting injuries created an explosion in asbestos-related legal activity. According to a 2005 RAND Institute for Civil Justice study, over 730,000 people in the US filed claims for asbestos-induced injuries from the 1970s through 2002. The defending businesses and insurers spent more than $70 billion in response, with only 42 cents per dollar going to the injured claimants and the rest going to defense costs and attorneys fees.
RAND calculated about 8,400 entities have been defendants in asbestos litigation. By mid-2004, at least 73 companies commonly named as asbestos defendants had declared bankruptcy.
Potential Asbestos Lawsuits
Asbestos lawsuits cover a variety of situations and are brought under different legal theories in both state and federal courts. The outcomes vary widely and different laws govern in each jurisdiction.
Many different types of defendants have been targeted including mining companies; manufacturers, distributors, wholesalers, retailers and marketers; employers; and property owners, landlords and managers.
Product Liability
Lawsuits for asbestos injury are often brought as product liability cases. A product liability case theorizes that a defective or unreasonably dangerous product injured someone, potentially making anyone in the "chain of distribution" liable for that injury. Parties in the chain of distribution can include the manufacturer, material supplier, marketer, seller and distributor. There are several potential types of product liability, including strict liability, breach of warranty, negligence, defective design, civil conspiracy, failure to warn of danger and others.
Premises Liability
In some states, premises liability lawsuits are a potential source of recovery for asbestos injuries. Plaintiffs sue operators or owners of industrial facilities that used asbestos in production, or where asbestos exposure occurred from construction materials. Landlords, property managers and property owners may face liability for exposure in residential and commercial buildings where asbestos-containing construction materials were used, resulting in injury to the occupants.
Workers' Compensation
Workers injured by asbestos in the workplace are usually eligible for workers' compensation benefits. The treatment of occupational diseases in the workers' compensation system varies by state - sometimes more restrictively than other types of diseases and sometimes more generously. Depending on the jurisdiction and the facts, workers may have additional legal remedies outside the workers' compensation system.
Economic Property Loss
Asbestos-containing materials were used to construct millions of buildings. Some lawsuits contemplate the economic loss to property from the asbestos contamination. The plaintiff seeks to recover the difference between the value of the property without asbestos contamination and the amount the property is currently worth with asbestos.
Conclusion
Asbestos litigation can be extremely complex. If you believe you have been or may be harmed by asbestos exposure, you should protect your interests by seeking the advice of a skilled lawyer at Shermoen & Jaksa, PLLP in International Falls, Minnesota.
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