Mesothelioma is an aggressive type of cancer that is most often caused by exposure to asbestos. Part of the insidious nature of this disease is that it can lie dormant for years and then manifest as a fast-spreading cancer. After long-term exposure, there are two approaches for a mesothelioma case: Medical and legal.
Medical management can include multimodal therapy, immunotherapy, and other targeted therapies. Legal claims can involve filing personal injury or wrongful death claims against the former employers who exposed the patient to asbestos.
Fortunately, trust funds have been established with available funds for viable claims.
In order to pursue those claims, you’ll need the support of an experienced Philadelphia mesothelioma lawyer. If there is a viable way to access those funds, the attorneys at Laffey Bucci D’Andrea Reich & Ryan can help secure them.
Understanding the Latency Period of Mesothelioma Claims
A mesothelioma claim primarily follows the same statute of limitations as any other personal injury claim. In Philadelphia, you have two years to file a lawsuit to recover damages related to a mesothelioma diagnosis. However, those two years start when you have been officially diagnosed with the disease, not when you were potentially exposed.
That timeline matters because, the latency period in approximately 96% of cases is around 20 years. It’s important to note that a person who is younger when exposed to higher concentrations of asbestos can have a slightly shorter latency period.
It is vital to speak with a qualified attorney as soon as possible after a diagnosis. If you miss the statute of limitations filing deadlines, you won’t be able to pursue a claim.
The Role of Multi-District Litigation and Asbestos Trusts
As you pursue a claim, you will become very familiar with Multidistrict Litigation (MDL) and Asbestos Trusts. These are the two important foundations of asbestos mass tort resolution.
MDLs streamline complex federal lawsuits. The trusts created are part of bankruptcy settlements intended to manage decades of future claims.
Multi-District Litigation (MDL)
It is extremely rare for a single workplace to result in a mesothelioma diagnosis.
Typically, hundreds, if not thousands, of similar lawsuits are filed in various federal courts.
When that happens, the Judicial Panel on Multidistrict Litigation (JPML) will consolidate them into a single MDL. For asbestos, the most prominent example is MDL-875, which was established in 1991 in the Eastern District of Pennsylvania. MDLs consolidate pretrial procedures such as document discovery and witness depositions. Unlike a traditional class-action lawsuit, an MDL case allows individual plaintiffs.
That supports the idea of negotiating compensation tailored to specific diseases like mesothelioma.
Asbestos Trusts
When it became known that asbestos exposure is the cause of mesothelioma, the companies that were the source of the exposure often went out of business due to the exorbitant costs of settling lawsuits. To protect the company’s interests, they would file for Chapter 11 bankruptcy.
As a condition of that bankruptcy, the company was allowed to create dedicated, court-supervised trust funds. These trusts are designed to compensate current and future victims without forcing ongoing litigation.
In other words, the money for mesothelioma patients is already in place. They just need to establish a connection to the exposure.
Proving Causation Through Occupational and Medical History
In order to access the trust funds, you need to prove causation. This is the link between the asbestos exposure and your diagnosis. In order to establish that link, you and your attorney need to gather comprehensive medical records that include all your primary care and specialist notes.
You also need to gather your hospital discharge summaries and diagnostic imaging scans to clearly document the current condition.
Once you establish the diagnosis, you must document the timeline between your employment activities and the onset of your symptoms. That will require you to create a work history detailing where you worked and for how long.
You also need to write up all job duties, physical requirements, and exact materials handled.
Types of Compensation Available for Asbestos Victims
When you successfully resolve an asbestos claim in Pennsylvania, the compensation awarded generally falls into specific categories:
Compensatory Damages: These are intended to cover your actual financial losses, including past and future medical bills, lost wages, and reduced earning capacity. They can also include non-economic losses such as the physical pain, emotional distress, and loss of enjoyment of life you’ve endured since your diagnosis.
Punitive Damages: In cases involving extreme negligence or intentional wrongdoing, a jury may award punitive damages. These are designed to punish the negligent company and deter future bad behavior.
How a Philadelphia Mesothelioma Lawyer Navigates Your Case
Mesothelioma claims are often far more complex than traditional personal injury cases.
That’s because the asbestos exposure that caused the illness may have occurred decades before a diagnosis. The attorneys at Laffey Bucci D’Andrea Reich & Ryan understand how to gather the relevant documentation needed to link your disease to specific job sites.
Our process typically begins with a detailed investigation into your occupational history to identify the potential source of your asbestos exposure. Once we have established the causation, we will be able to home in on all available avenues for compensation. This may include filing claims against specific companies or pursuing compensation through asbestos bankruptcy trust funds.
Throughout the process, we’ll handle all communications and negotiations. Our goal is a quick resolution, securing the maximum settlement you’re entitled to. If you or a loved one has been diagnosed with mesothelioma after long-term asbestos exposure, the attorneys at Laffey Bucci D’Andrea Reich & Ryan are prepared to help.
Contact the firm today for a free consultation to discuss your legal needs.