Asbestos is a substance that was heavily used in earlier decades in many construction industries and there are many cases in which employers continued to use asbestos even after the dangers were known. If you were employed by one of those employers and now have been diagnosed with mesothelioma and are based in Florida then you need to find yourself a good Florida mesothelioma lawyer!

Below, are profiles of three of the top Florida mesothelioma lawyers:

<b>The Ferraro Law Firm</b>

The Florida mesothelioma lawyer firm Ferraro have been fighting for the rights of workers affected by asbestos since 1985. In that time Ferraro has represented more than 20,000 asbestos claimants and has won approximately $1 billion dollars in compensation for their clients.

Many of the cases that they have successfully tried have resulted in multi-million dollar verdicts. In 1985 Jim Ferraro received the largest compensatory award in the state of Florida for a mesothelioma case – $6.25 million in the case of Galiotti vs Owns-Corning Fiberglas.

Mr. Ferraro is the founding partner of The Ferraro Law Firm in Miami, Florida, and is a partner in Kelley & Ferraro LLP. His firms currently represent over 30,000 claimants.

Contact a Florida mesothelioma lawyer from Ferraro at 4000 Ponce de Leon Blvd. Suite 700, Miami, Florida, 33146.

<b>The Deaton Law Firm</b>

The Deaton law firm represent victims of asbestos-related diseases including Mesothelioma, lung cancer, asbestosis and pleural plaques. They work with clients in the Rhode Island, Florida and Pennsylvania areas.

John Deaton has successfully pursued more than 100 Mesothelioma cases. While there are some law firms that focus on the quantity of cases, Deaton’s goal is to take fewer cases but obtain the maximum possible amount of financial compensation for their clients and family members.

Deaton represent clients on a contingency basis and that means that they pay all of the up-front costs and you pay no fees to a Florida Mesothelioma lawyer unless they win your case. The contingency fee arrangement allows average citizens who could not afford to pay an attorney’s hourly fee to stand up to multi-billion dollar corporations.

Contain a Florida Mesothelioma Lawyer at the Deaton law firm at their main office in Providence: 1 Richmond Square, Suite 163W, Providence, RI 02906.

<b>Cohn, Smith & Cohn</b>

The Florida mesothelioma lawyer offices of Cohn, Smith & Cohn, P.A. was founded by Alan W. Cohn, who has specialized in accident-related cases for almost 25 years. Their firm represents people afflicted with mesothelioma throughout the state of Florida.

Cohn, Smith & Cohn operate out of many offices throughout the state of Florida but I’ll list just one here for brevity. Contact a Florida mesothelioma lawyer at Cohn, Smith & Cohn at 1152 N. University Drive, Suite 201 Pembroke Pines, Florida 33024.

Mesothelioma is a cancer that is caused by breathing in asbestos fibers. There are also some other fibers that can produce mesothelioma, as well, but asbestos is the primary cause. These fibers enter into the body – either through the lungs, or by swallowing sputum, and then are passed into the epithelial layer that surrounds the various organs. This layer is called the mesothelium and it is made up of just a single layer of cells. The asbestos fibers pass through the stomach and lungs to this layer and then can become cancerous after many years.

It was known for many years that asbestos could cause cancer, but only recently did more research (1970’s) prove it and that brought about governmental intervention on industries that widely used it. Many industries used a lot of asbestos in their products, and this would especially include the auto industry, the shipyards, manufacturing and the railroad industries.

One problem here, though, was that the mesothelioma typically took from 30 to 50 years to surface. This means that if you were exposed to asbestos that long ago, then you might begin to have problems from it now and be starting to show mesothelioma symptoms.

Asbestos remains around you in many places. In many cases, though, it is not harmful if it is left undisturbed. In fact, it is not even recommended that you test it yourself, but get an asbestos professional to do the testing for you. If asbestos is exposed where you live – in an apartment building, or on pipes, etc., then you should also immediately contact a professional and have it checked and sealed – if necessary. You may also want to take pictures to present later if any evidence might be needed.

Your top mesothelioma attorney in New York can help you to discover if your mesothelioma has a cause from asbestos. He or she is very familiar with the products and industries that regularly used asbestos. When a lawsuit is filed with your top mesothelioma attorney in New York, it will be necessary to show a connection proving that you were actually exposed to it.

A mesothelioma diagnosis, unfortunately, means that you will have to come up with a lot of money to cover your medical expenses. The truth is that the lifetime of someone with mesothelioma is about a year – unless the doctors prescribe a very aggressive attack on it with chemotherapy and radiation treatments. Regardless, in most situations you will not be able to afford the treatments needed.

A mesothelioma lawsuit, guided by your mesothelioma attorney in New York, will be needed to help you to recover some of your expenses because of it. If you had a loved one that has already passed away due to mesothelioma, then you also may be able to recover some of your expenses, as well. Your top mesothelioma attorney in New York will be glad to provide you with a consultation and then help you with a mesothelioma settlement to recover expenses of those who helped financially.

Since asbestos fibers can stay in the human body for a long time before any mesothelioma symptoms may be experienced, it is important that you have a physical as soon as possible if you start to experience problems that may be related. If there should be a mesothelioma diagnosis, then you should contact your mesothelioma attorney quickly to see what legal options are available to you.

Mesothelioma is not always caused by asbestos, but most of it is – about 80% and possibly more. It also seems to be that the smaller the fibers are, the greater the likelihood of mesothelioma to develop. Receiving a mesothelioma settlement in time to help recover some of your medical expenses, means that you need to talk to your top mesothelioma attorney in New York quickly. Current estimates are that the medical expenses typically run between $400,000 and $800,000 for the costs of medicine, oxygen, and more. Talk to your mesothelioma attorney today to see what can be done to help you.

Many times if you find a Mesothelioma lawyer you will see that a settlement is very easy to reach, and a lawsuit can bring you the peace of mind that you need to move forward, as well as the money that you need to settle medical bills, take care of arrangements, and put your life back together if you have lost someone due to Mesothelioma.

In California, the best are going to be associated with the Johnson Law Group. This is simply put because the Johnson Law Group is going to help you handle your cases with the least amount of stress for you as possible. There are many things that you can do to make your transition easier, and the Johnson Law Group is going to be able to help you do all of these things.

Why is Mesothelioma So Serious?

The reason that this disease is such a deadly disease that it is a cancer that is mostly always caused by exposure to Asbestos. There are many people who have had exposure to asbestos and might not even know it. Many years ago, Asbestos was very popular in building materials and also in fire proofing. However, it was soon found out that Asbestos is actually very dangerous.

It is poisonous, and it was soon banned from use. However, not every building site or building rid the Asbestos from use. It was simply too expensive to get rid of all of it ,and some people did not do what the government had instructed. Unfortunately, this leads directly to many cases of Mesothelioma and to many different lawsuits.

The main thing that you have to know about Mesothelioma lawsuits in California is that you have been diagnosed with it or if you have lost a loved one or are dealing with a loved one’s sickness, most likely there is someone or some business that is to blame for this cancer. While this might be of little consolation to you, you have to understand that Mesothelioma is going to cost you a lot of money.

There are going to be huge doctor bills, and many other costs that are associated with Mesothelioma. A lawsuit as well as a settlement can help get you the money that you need to deal with these costs. No one wants to think about money when someone is very sick, but the bottom line is that most of the cases of Mesothelioma are due to someone not following regulations, or a building which was not up to code. This means that there is someone at fault, and therefore you can get a lawyer to help you with your case in California.

What Next?

If you have been diagnosed with Mesothelioma, or if a loved one has symptoms, you are going to want to make sure that you find a lawyer right away. Be sure that you have contacted the lawyers in the Johnson Law Group associated with California. This will allow you to be able to find a great lawyer who can help you and help your family. Remember that these lawyers are trained to deal with Mesothelioma and this means that you are going to be able to find one that knows you, knows the case, and knows how to get you the money that you need to get from your Mesothelioma case.

This is very important, because there are going to be many costs ,and you shouldn’t have to deal with them alone. Be sure to find a lawyer and get started right away. There are many places to find a lawyer, however looking through the Johnson Law Group is really your best bet, because you’ll be able to be in contact with a lawyer who you can really trust to get you the money that you deserve. Mesothelioma is scary, but you don’t have to go through it alone.

So what is mesothelioma? It is a particular type of cancer that develops in the membranes of the lungs, heart and chest cavity. It can lead to inflexibility of the membranes, fluid buildup, internal bleeding and ulcers, but the one outcome of mesothelioma that is certain is death. There is no known cure or even an effective treatment, and all patients who contract this disease die within at least six months. Patients have been known to live to five years, but this is entirely unlikely.

Mesothelioma symptoms can vary, but most are respiratory in nature. They can include – but are not limited to – tightness in the chest, fluid buildup in the lungs or chest cavity, blood in the lung sputum, trouble breathing, fatigue, drowsiness, headaches and nausea. Many of these symptoms can present as a result of other illnesses that are far more common and less severe. The instance of lung cancer related to smoking is as high as 1 in every 1000 people in some states, while mesothelioma affects an average of only four people in every million.

As a result of the extremely small incidence of mesothelioma, diagnosis of this deadly disease is not easy. This is one of the contributing factors towards the high mortality rate for this disease, but a lot of doctors believe that once the asbestos contamination develops into mesothelioma there is nothing that can be done. The cancer is usually metastatic, which means that as soon as it becomes advanced enough it will move. If it starts in the bowel the tumors can reach the size of golf balls before they begin to cause discomfort. This is one of the reasons that mesothelioma diagnosis is so difficult.

Although it is little consolation to those living with mesothelioma you could be awarded a famous “mesothelioma settlement” if it can be proven that you condition is linked to previous exposure. This is a simple task of taking a biopsy from the area, and doctors can normally determine conclusively whether your mesothelioma resulted from asbestos, and possibly even where that asbestos came from! A top mesothelioma lawyer in New York can help you to win a large cash settlement if you have been the victim of asbestos neglect.

A mesothelioma lawsuit does not have to be a long and drawn out affair, and the clear-cut nature of these situations normally means that a mesothelioma attorney can arrange a settlement for you out of court. This can take anywhere from a few weeks to several months, but certain law firms give the highest priority to mesothelioma cases because of the short life expectancy of those living with this disease. They believe that you should be able to enjoy your compensation, and they will make every effort to secure it as soon as possible.

The Johnson Law Group are passionate about mesothelioma cases, and are dedicated to securing the best cash settlements possible. If you do not want an annuity payment or structured settlement, then we will fight harder on your behalf and plead that your situation requires immediate compensation. Because the nature of a mesothelioma lawsuit you are far more likely to receive a lump sum payment than monthly or quarterly payments which will be of little use to your and your family.

If you are living with mesothelioma the Johnson Law Group expresses its deepest sympathy. We extend our hand to help you to fight against those responsible for your exposure to the deadly chemical asbestos and your subsequent ill health. There is no reason to keep quiet, and you can help to give thousands of other mesothelioma sufferers and their families hope by standing up against irresponsible landlords and industrial corporations.

Mesothelioma is only a killer in our country because of neglect, and if enough awareness is raised we can make sure that nobody has to suffer from this disease in our country. Call the Johnson Law Group today to lodge your claim and file a mesothelioma lawsuit.

The news of being diagnosed with mesothelioma can be devastating, especially given the insidious nature of the disease. On average, 70% to 80% of reported mesothelioma cases have been exposed to asbestos, whether at work or in their environment. Considering that many manufactures continued to use asbestos long after the known toxic effects, it is almost too surreal to consider that those struggling with this cancer are suffering because of someone else’s greed.

An Unsuspected Intruder

The mesothelium is the protective membrane that insulates the body’s delicate organs, providing lubrication so that the organs can move freely without friction. When a person is exposed to asbestos, they breathe in the fibers, which get lodged in the mesothelium. The most common sites of mesothelioma are the mesothelium surrounding the lungs (pleura) and abdominal cavity (peritoneum).

Mesothelioma is one of the many lung diseases caused by asbestos. When malignant cells develop in the mesothelium, the membrane abnormally divides and invades neighboring tissues and organs. These cancerous cells can also spread from the original site of origin to other parts of the body. The signs and symptoms that accompany mesothelioma may not appear for several decades after exposure.

Symptoms of pleural mesothelioma:

· shortness of breath

· cough

· chest pain

Symptoms of peritoneum mesothelioma:

· weight loss

· abdominal pain and swelling

· bowel obstruction

· anemia and fever

There is Hope

Treating mesothelioma is dependant upon the location of the cancer and the stage of the disease. Surgery, radiation therapy, and chemotherapy are traditional options. However, new treatments are continually being studied.

The National Cancer Institute sponsors clinical trials on a regular basis. Your participation in clinical trials offers you advanced access to new and improved treatment options that give you hope for a more positive outcome.

In addition, the government recognizes the horrendous injustice caused by the manufactures that weighed your life against their profit. Many law suits have developed as a result of mesothelioma. According to the RAND Corporation report, as of 2002, over 8,400 defendants and 730,000 claimants have filed suit with at least one defendant’s costs in excess of $800,000.

Matt Keily has focused his law practice on specializing in mesothelioma cases. He seeks to hold the manufacturers, distributors, and installers of asbestos related products responsible for the debt they owe the thousands of families now suffering with this life-threatening disease.

Reduce number of mesothelioma lawsuits

Until 2005, the statute of limitations for filing a mesothelioma lawsuit pushed many victims of asbestos exposure into filing suit when they first learned of the exposure rather than risk losing their right to any compensation at all. The existing tort law imposed a statute of limitations that was never meant to apply to a disease that could take up to thirty years to manifest after exposure to its cause. Texas tort law started the clock ticking toward the statute at the time that a plaintiff first learned that they had been exposed to asbestos.

The problem with this method was that a person diagnosed with asbestosis, for example, has a far higher risk of developing mesothelioma, but there’s no clear cut way to tell if that will happen, nor is there a set timeline. Some people diagnosed with asbestosis don’t develop mesothelioma for decades, and some don’t develop it at all. If mesothelioma didn’t develop before the statute of limitations ran out, the exposed person was out of luck. Instead of giving up any right to compensation for astronomical medical expenses, many people chose to file suit for damages based on their exposure and heightened risk rather than wait and see if they developed the illness.

The 2005 tort reform addressed the issue in two ways:

- It changed the point where the clock for the statute of limitations for filing begins to run so that those who learn that they have been exposed but are not yet ill can preserve their right to file a mesothelioma lawsuit if they do become ill. This is a countermeasure to the requirement to show illness. By changing the statute of limitations, the legislature ensured that those who learn they’ve been exposed to asbestos don’t lose their right to file for compensation due to the disease’s slow progress.

- The law now requires that those who file a mesothelioma lawsuit show proof that they are suffering from an impairment caused by an asbestos related disease. This measure is expected to reduce the number of mesothelioma lawsuits by only allowing lawsuits filed by those who are actually ill.

While both of these measures reduce the court time and costs for dealing with mesothelioma suits and claims, they also make it more complex to file a mesothelioma suit in the Texas courts. As the law stands now, the plaintiff must show:

- That the exposed person has been diagnosed by a board-certified physician with mesothelioma or other related cancer OR

- That the exposed person has been diagnosed by a board-certified physician and has an actual physical impairment because of exposure to asbestos, and that impairment must meet certain medical requirements

If you or a loved one has been diagnosed with mesothelioma or another asbestos related cancer, the 2005 law directly affects how your case will be handled by the Texas courts. There are deadlines that must be met in filing your case, and in responding to answers and motions from the defendants. It’s more important than ever that you consult a top mesothelioma lawyer in Texas who understands the laws, and can ensure that all the procedures are followed to the letter.

The law firms that deal with Texas mesothelioma lawsuits on a regular basis can do more than argue your case in court. A top Texas mesothelioma lawyer can provide you with assistance in assembling the medical papers and proofs that you need, as well as researching your case to help pinpoint how, when and where you were exposed to asbestos. When you consult with an experienced law office, your lawyers will have access to years worth of research and contacts and experience in case law.

This is because there are many different firms in Louisiana that deal with Mesothelioma and all of them are going to be able to give you the great results that you need. However, the Mesothelioma attorney that you will find associated with Johnson Law Group is going to be the best that there is. They’ll help you with everything, from your Mesothelioma diagnosis to your Mesothelioma settlement, all parts of the Mesothelioma lawsuit that you are going to be entitled to have and entitled to win.

What Is It?

In order to get a good strong Mesothelioma case with a Mesothelioma lawsuit in Louisiana, you need to understand a little bit about what Mesothelioma is and what the Mesothelioma symptoms are. There are many different forms of Mesothelioma symptoms, but the real reason that there are so many lawsuits dealing with Mesothelioma and that so many Mesothelioma lawyers deal in this aspect of their law practice is that Mesothelioma is something that is tragic and should never have occurred in the first place.

Mesothelioma is a cancer that you get from being exposed to Asbestos. In current times, buildings made with Asbestos are actually illegal – meaning that building makers have to find another source for their fireproofing. This is mostly due to the fact that Asbestos is the cause of Mesothelioma which is a deadly cancer in your lungs. Mesothelioma symptoms might not show up for many years, up to as many as 50 years, in fact, so this makes Mesothelioma even more deadly, because you can live an Asbestos free life for a long time before you are get a Mesothelioma diagnosis. This makes Mesothelioma even more deadly, and luckily, even better for lawsuits.

No one wants to be sick or dying. However, you don’t have to feel that your Mesothelioma should go silently or that you shouldn’t speak up. The fact remains that many places that used Asbestos, no matter how long ago it was, were perfectly aware of the dangers. This is why the Johnson Law Group is going to help you with your Mesothelioma settlement and your Mesothelioma lawsuit.

Somewhere, someone knew the dangers of the things that were put into the buildings where you worked or lived. In many cases, the Asbestos wasn’t taken out as soon as it should have been, by law, which means that someone is at fault for your Mesothelioma and in order to make sure that you get the compensation you deserve, you should remember to deal with a law firm that has experience and that you can trust. There are several of these in Lousiana, but the Johnson Law Group is going to get you the best results, and get you them the most quickly.

Important

It is important to trust the Johnson Law Group in Lousiana for your Mesothelioma settlements as well as your Mesothelioma lawsuits. At Johnson Law Group, they understand that Mesothelioma is no laughing matter, in fact, it is a very deadly matter. There is someone who is behind your pain and suffering, and you shouldn’t have to shoulder all of the costs by yourself. You might think that there is no where you can get help with your Mesothelioma cases, but think again.

At the Johnson Law Group in Louisiana, you should feel that you can get the help you need and you can win the cases that you need to win. Remember that you don’t have to do it all alone with the Mesothelioma lawyers on your side. You can get back to the business of getting better, and let the Johnson Law Group lawyers handle all of the rest.

At Johnson Law Group, you are the most important part of the Mesothelioma case. This is the way that it should be, because with Mesothelioma there is no time to waste. You won’t have to worry about spending hours signing papers or working through red tape. They’ll get you the help that you need, so you can get back, on your feet and back to doing the things that you love to do in life.

In the United States, 10,000 people a year die from asbestos intake, and many people who suffer from mesothelioma have the legal ability to extract compensation from the companies that have used the asbestos that harmed them. Taking legal action for asbestos-related health issues is a touchy subject, though, and the laws are constantly changing. Different states have also adopted different laws on the subject, so depending where you live or where the incident took place, you may find yourself facing differing legal issues.

In Texas, the asbestos laws change all the time. Before you should worry about that, though, you need to have been diagnosed with mesothelioma. If you have not been diagnosed, but are worried that past exposure to asbestos may have caused harm, visit your doctor immediately. Mesothelioma diagnosis is difficult to perform mainly because the mesothelioma symptoms resemble those of other ailments.

However, a chest scan could find problems such as pleural thickening (that’s thickening of the outer lungs) or other evidence of cancer in the abdomen. Tissue samples may also need to be taken to make sure that mesolthelioma is present. If a positive diagnosis does come out of this and you can link it with exposure to asbestos, you are probably qualified to seek legal counsel. The next step is to find an adequate mesothelioma lawyer.

Texas has a number of excellent mesothelioma lawyers to choose from. The lawyers here deal with constant change in the legal system representing mesothelioma, and as such have to keep up with the changes and trends of the laws regarding the disease. By working with a top medothelioma lawyer in Texas, you will be working with someone who knows exactly what is going on at all times regarding mesothelioma laws.

It can be difficult to choose a lawyer, as many of them claim to be a top contender in their field. It’s hard to know who will really bring around a positive result at the end of your claim. Although it may be difficult to weed out the lawyers who don’t know the mesothelioma laws so well, you can be assured that knowledgeable lawyers are out there.

Let’s go over some of the more influential Texas mesothelioma lawyers out there. Fred Baron, who took on his first case for a toxic tort client in the early 1970’s, has become one of the most important mesothelioma lawyers in not only Texas, but across the United States. In fact, he currently ranks as one of the “100 Most Influential Lawyers in the U.S.” Lisa Blue is a psychologist and trial lawyer who has published books on mesothelioma and provided over 200 lectures on the subject of trials relating to the illness. Besides these two notable lawyers, there are many more top mesothelioma lawyers in Texas, all you need to do is look.

Finding a top mesothelioma lawyer in Texas puts you on the right path to receiving compensation for asbestos-related illness. There is no reason to have to suffer without being given what you deserve by the companies responsible for the asbestos. To find lawyers that work in Texas on predominantly mesothelioma cases, the best place to look is the internet. The top mesothelioma lawyers in Texas all have websites detailing their achievements and contact information. You can go through all the information for a number of these lawyers simply by going through some websites. From here, you can choose the ones you feel you would be comfortable with, and then speak with them personally.

Asbestos-related mesothelioma cases are more common than you think, and with the constantly changing laws it’s important to find a lawyer that is on top of his or her game. There are many top mesothelioma lawyers in Texas, but it’s finding them that will take some time. After a diagnosis proving your condition, you should look into finding a lawyer that is right for you. Then, you can start towards getting the compensation you deserve.

Although nothing can truly compensate for loss of health or life, mesothelioma lawyers are devoted to getting you the compensation you deserve. If your life has been affected by mesothelioma directly or indirectly, then you may deserve compensation.

Filing a mesothelioma lawsuit is a long and tedious process. So, it is vital to your case that you find an experienced mesothelioma lawyer, and as soon as you have been diagnosed with the cancer. Most states have a time limit in which you can file your mesothelioma lawsuit. If you miss that deadline, you may find that you are not entitled to make a claim. Earlier you get to a mesothelioma lawyer, the better your chances of success. Here are a few important guidelines in finding a good mesothelioma lawyer.

Mesothelioma Law Firm

There’s no such thing as a mesothelioma law firm because one law firm can deal with a variation of cases, but it is best to select a law firm or an attorney that has past experience of dealing with mesothelioma cases. They have already done the leg work and gained the knowledge and experience with mesothelioma. But, do not disregard any other law firm. A mesothelioma case is just like any other case that requires responsibility and discipline from the attorney to win your case. A law firm with a very good reputation can as well handle your mesothelioma case, if not better, even if they have never been exposed to a mesothelioma lawsuit.

Searching for a mesothelioma lawyer

You can begin your search on the Internet or in the yellow pages. However, your local or state bar association, and Martindale-Hubbell Law Directory (found in most public libraries) will give you narrower search and help you find your mesothelioma lawyer a whole lot faster. The Martindale-Hubbell Legal Network has a database of over a million lawyers and law firms in 160 countries. You could actually find the Martindale-Hubbell Legal Network online as well. Just search for it in your favorite search engine.

How do you select your mesothelioma lawyer?

The Oklahoma Bar Association has put out excellent guidelines regarding choosing an attorney. They state that “Selecting a lawyer is a personal matter. You must judge which particular attorney will be best for you. Before making a decision, however, you may want to contact several lawyers or law firms to gather some comparative information.

When choosing a lawyer, keep practical considerations in mind: the lawyer’s area of expertise, prior experience and reputation, convenience of office location, amount of fees charged and the length of time a case may take. A lawyer’s communication skills are another factor. Willingness and ability to talk to you in language you understand and responsiveness to your questions will influence how well informed you are about the progress of your case.

It is advisable that you select an attorney with whom you feel comfortable. These preferences may guide you in selecting someone with whom you feel most comfortable.

It is important that you trust the lawyer you hire—and that you believe he or she will do the best job possible in protecting your legal rights. But keep in mind that most lawsuits and other legal work are not “sure things.” You should be cautious of an attorney who guarantees results. No lawyer can be expected to win every case, and sometimes the best legal advice may not be exactly what you want to hear.”

When do you seek a mesothelioma lawyer?

The timely process of selecting a mesothelioma lawyer and the proper filing of your mesothelioma lawsuit can make all the difference between a multi-million dollar compensation claim to secure the future of your family (once and if you are gone), and getting nothing at all for your pain, suffering, and loss of life. That means you need to seek a mesothelioma lawyer as soon as you or someone in your family has been diagnosed with this dangerous cancer.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.

Court Decisions that Protect and Compensate Asbestos Workers

Asbestos is a dangerous substance that causes the debilitating disease of asbestosis, and the fatal cancer, mesothelioma. Asbestos workers are exposed to scarring asbestos fibers in excessive amounts on a daily basis. Employers who ignore the dangers won’t be ignored by the courts.

Asbestosis and mesothelioma affects asbestos workers around the world. National and international lawyers and judges are making room on their desks for voluminous stacks of medical records that are entered as evidence in mass litigation proceedings for asbestos workers who were unaware, and unprotected, from the dangers of inconspicuous deadly asbestos fibers. Employers have the responsibility to protect the safety and health of the employees, and in today’s modern societies, it is legally mandatory for employers to protect their employees from danger. Company fines and business closures can result for those companies that put profit over people, and so can litigation resulting in millions of dollars of compensation paid to injured workers.

Asbestos workers have joined together to set precedent court decisions in asbestos cases that will facilitate faster trial decisions and undermine confusion in the interpretations of the occupational laws.

Many workers, however, do not receive just compensation. Lack of medical records, multiple possible causes of lung disease, unawareness of the right to legal compensation, or the lack of legal representation, prevents many asbestos workers from receiving their just compensation for asbestosis or mesothelioma.

Although workers compensation cases have been recognized in the courts since the 1920s, the first US trial against an asbestos product wasn’t held until 1966 by plaintiff Claude Tomplait. The case lasted three years, and the decision was made on behalf of the defendant. In 1969, Claude’s lawyer then represented Clarence Borel, a co-worker of Claude’s, against the same defendant. This case lasted four years, and in 1973, a historical landmark decision was made on behalf of the plaintiff, Clarence Borel (Borel v. Fibreboard Paper Prods. Corp., 493 F.2d 1076 (5th Cir. 1973). It was officially deemed that not only must manufacturers must warn consumers of danger, but they are responsible for staying informed with regard to scientific discoveries that have an impact on their products. If a manufacturer fails to do so, they will be liable for physical harm. Since 1973, there have been well over 100,000 asbestos cases filed in US courts. Asbestos cases are currently the longest mass tort in US Court history. In 1982, court opinion in Beshada (Beshada v. Johns-Manville Products Corp., 442 A.2d 539 (N.J. 1982)), humanely stated, “the burden of illness…should fall on those who profit from its production…”, throwing out a “state of business practices at the time” defense that defendant asbestos companies were praying upon for relief.

Around the world, the deadly consequences of working with asbestos is gaining increased recognition, and asbestos workers are gaining increased support in their court bids for compensation of asbestosis and mesothelioma. In 1989, Australia established the Dust Diseases Tribunal for asbestos cases, and in 1991, Australia banned asbestos. In 2005, the European Union followed with their own ban on asbestos. In the UK, a compensation fund for asbestos workers diagnosed with mesothelioma has been established within the Department of Societal Development. This fund disperses payment to mesothelioma patients within a week of the diagnosis of mesothelioma and reduces the risk of a mesothelioma patient dying before receiving a settlement (which frequently happens with lengthy civil trials).

Asbestosis and mesothelioma patients suffering from incurable and fatally progressive diseases due to employer negligence and manufacturer’s disregard for danger are due compensation for their pain, and employers are beginning to pay. Sadly, employers have to pay with their bank accounts, but asbestos workers have to pay with their life.