Today we’re going to take you through the process of filing your settlement claim for mesothelioma, and answer some questions you may be having. The most important of which should be “When is the right time to file my mesothelioma lawsuit?” You want to make sure you get your chance to explain your case to the jury. Yet, you don’t want to file in a knee-jerk reaction to a commercial and risk being denied your claim. A competent asbestos mesothelioma lawyer will be able to help decide which course of action is best for you.
Brief History of Mesothelioma Legislation
The first asbestos mesothelioma lawsuits began popping up in the late 1970s. Between 1977 and 1981, the judicial system was already bombarded with over 300,000 victims of asbestos-related mesothelioma. This caused the entire system to practically grind to a halt, and lawmakers were feverishly working to find a solution. That’s when the settlement fund was established for Worker’s Compensation claims. Ironically, along with the asbestos companies funding the trust, was tobacco companies. Eventually it would be found that, although mesothelioma is a form of lung cancer, it’s actually not caused by tobacco use.
Throughout the 1980s The Occupational Disease Compensation Act, Asbestos Worker’s Recovery Act, and Committee for Equitable Compensation were all created and passed Congress. This allowed victims of asbestos mesothelioma cancer to be awarded their settlements and established a case precedence in the legal system. However, in 1991 it was discovered that there were many issues with this process and a few changes were made.
The Brickman Proposal, named the Asbestos Claims Management Act, was established. This revolutionized the way your mesothelioma lawsuit could be filed. By bringing forth asbestos cases under this Act lawyers were advising victims that they weren’t entitled to punitive damages. They were taking the settlements from the compensation fund, and agreeing not to file a class-action lawsuit against the asbestos corporations. In 2000 this was further updated when the Fairness in Asbestos Injury Act attempted to amend the IRS code to establish a federal procedure for filing claims.
- 1981 Worker’s Compensation fund was established
- 1983-1988 Occupational Disease Compensation Act, AWRA Asbestos Worker’s Recovery Act, and Committee for Equitable Compensation all drafted and established
- 1991 Ad Hoc Committee of Asbestos Litigation and Asbestos Claims Management Act
- 1998 Fairness in Asbestos Compensation Act drafted
- 2000 Hyde Bill for Fairness in Asbestos Injury Act drafted
The Mesothelioma Lawsuit War
Both sides of the mesothelioma cancer settlements were feeling like they weren’t being heard. Victims of asbestos mesothelioma cancer were worried that there wouldn’t be adequate compensation for all mesothelioma victims. This is because, due to the overwhelming case log, major asbestos corporations were filing for bankruptcy. Nearly 100 companies crumbled under the presser within the first 20 years. Also, due to the Brickman proposal, they were being denied their right to file a mesothelioma lawsuit against the corporations. They felt that this was unjust and fought to retain the right to compensation.
The corporations were found to be negligent quite early on in the mesothelioma lawsuit research processes. Many of the major industries affected were railroads, construction, building products, and oil refineries. The figure heads of these corporations knew asbestos was harmful and did nothing to stop its use. Worse yet, they did nothing to protect the victims from exposure or even warn them that they were putting their lives in danger. This was a huge point of contention with the industry leaders, as they felt they were being blamed for every case of lung cancer that was being diagnosed.
It was established during this ‘war’ that in order to be eligible for funds through the Asbestos Compensation Foundation private trust, the victim had to prove that they were exposed during employment. This also excluded those who had malignancies, as it couldn’t be proven that their cancer was caused only by asbestos. Asbestos-related mesothelioma has its own class of symptoms that have been set aside from the average lung cancer. The corporations also fought to deny victims the right to file a claim for every ‘violation’, since they already stipulated to the fact that they were negligent during the creation of the compensation fund. The filing of separate violations would have tied up the judicial system tremendously for each case, and left no funds for future cases.
What This Means for You and Your Mesothelioma Lawsuit
Filing a mesothelioma lawsuit can be a double-edged sword for must asbestos abuse victims. It’s important that you contact an attorney quickly once diagnosed with mesothelioma. There is a statute of limitations between the time you are diagnosed and when you file your mesothelioma lawsuit. However, some people were hiring a lawyer based solely on the fact that they were exposed to asbestos. This causes patients who are seriously ill to wait in line for their chance to be seen by a jury.
People were dying from mesothelioma lung cancer before their settlements were reached. The family affected by mesothelioma cancer wasn’t awarded suitable compensation after the death of the victim. This led to a 2005 decision by Congress to expedite cases of mesothelioma victims through the judicial system. Patients who were in the end stages of mesothelioma cancer were ‘fast-tracked’ to a jury trial in order to process their settlement before their death.
Therefore, it’s advised that anyone exposed to asbestos speak to an asbestos cancer mesothelioma attorney quickly. They will go over your specific case, and medical records, then counsel you on whether it’s time to file a mesothelioma lawsuit at that time. You may be advised to wait until symptoms are present. This will, unfortunately, help you reach your settlement faster than going through the normal channels.
Mesothelioma Law Facts and Figures
If you’re thinking about filing your asbestos mesothelioma lawsuit, you need to keep a few facts in mind. The Fairness in Asbestos Compensation Act of 1998 established 11 main points of contrition for any asbestos cases. Although there have been some modifications since, it’s still the base upon which all new legislation is built. For your personal injury suit, we’ll discuss the most important of these points.
- Asbestos mesothelioma lawsuits weren’t being awarded fair compensation in a timely manner. This was causing many victims to pass away before being compensated. Your asbestos cancer attorney will advise you on the proper timetable.
- Asbestos mesothelioma cases weren’t being judged and awarded any set amounts. Some patients were getting next to nothing while others were being awarded large sums.
- Statutes of Limitations were also causing some victims to give up their fight or die trying. Again your asbestos cancer lawyer will assist you in finding the right way to proceed.
- People filing civil and criminal cases were being awarded double settlements. This was amended after more than one client receives $2.9 million settlement.
- Class action suits were unfair to both asbestos abuse victims and corporations. The large settlements were bankrupting the companies, while the funds were being disbursed to some who weren’t even yet ill. This is another reason why your asbestos cancer attorney will have to go over all your legal options with you before filing the claims.
Filing your Asbestos Mesothelioma Lawsuit Summary
While filing a mesothelioma lawsuit can be scary and stressful time, that pressure can be relieved by contacting an asbestos cancer lawsuit mesothelioma specialist. By making that initial call to the lawyer, the paralegal can answer your most pressing questions. Then you can be set up with an appointment to speak directly to the attorney. Let’s go over a couple of the most important legal questions you should ask when visiting with that asbestos cancer lawyer.
- What medical records will I need to bring?
- How can I prove exposure through employment?
- What symptoms are specifically being looked for?
- What’s the average timeframe of the mesothelioma lawsuit?
- How many cases have you tried/won?
- What type of compensation will my family receive if I pass away before the suit is settled?
By asking these few simple questions you should know if the asbestos mesothelioma lawyer you’re speaking with is qualified to try your case. Don’t be afraid to ask these questions now. Depending on the stage of cancer you’re currently in, this could be a very speedy process. You don’t want to hire the wrong attorney and end up with unfair compensation from your mesothelioma lawsuit.
