A diagnosis of malignant mesothelioma is a devastating event in anyone’s life, as this condition is aggressive and fatal. While some treatments do exist for the disease, the point of diagnosis frequently comes far too late for them to be curative. Mesothelioma is almost always caused by occupational or some other form of exposure to asbestos, and countless individuals have filed suit against the manufacturers of asbestos-containing products.
Because it has long been established that major players in the asbestos industry concealed known risks for years, plaintiffs in such cases generally stand a strong likelihood of securing compensation. If you or a loved one is suffering with asbestos-related cancer of this type, the New Jersey mesothelioma lawyers of Eisbrouch Marsh are prepared to help in your fight for justice. Call 201-342-5545 today for a free consultation.
Asbestos Basics
Asbestos is a naturally occurring mineral, the fibers of which are known for being able to resist heat, fire and electrical damage. These properties resulted in asbestos being a component of choice in a wide array of electrical and building insulation products, vehicle braking components, flooring tiles, roofing and many other industrial materials for decades.
However, in the latter part of the 20th century, it was discovered that asbestos dust was in fact extremely carcinogenic and its inhalation linked to deadly conditions such as mesothelioma, asbestosis and lung cancer.
Workers in factories in which asbestos materials were made or heavily used experienced the most dangerous types of exposure, though many cases of secondary exposure have also yielded substantial financial awards. The 1980s and 90s saw the use of asbestos in commercial applications essentially outlawed, though the severity of the effects these materials had on countless individuals was yet to fully emerge.
Sadly, asbestos-containing products were so widely used in such a broad range of commercial and residential settings that exposure to their dangers was extensive. In addition, many of the fatal diseases caused by asbestos undergo a lengthy latency period, often with no symptoms appearing until multiple decades following the exposure period. By that time, it is often too late for patients to conquer the disease they have acquired.
Over the course of many years, asbestos litigation developed into the nation’s longest-lasting, furthest-reaching mass tort, with liability issues still to this day representing serious problems for major manufacturers and insurance companies.
Facts about Mesothelioma
The most commonly diagnosed type of mesothelioma is pleural mesothelioma, which impacts the tissues surrounding the lungs. Symptoms of this condition include shortness of breath, chest pain beneath the ribs, pain when coughing, unintentional weight loss and unexplained lumps in the chest area.
Treatment for this illness will depend largely on the patient’s current state of health and the staging of the cancer. Regrettably, most cases of mesothelioma go undiagnosed until they are very advanced, making successful treatment that much more unlikely. While some patients will choose to undergo surgery, chemotherapy, radiation or any other treatment offering them a glimmer of hope, others will simply wish to receive treatments intended to keep them as comfortable as possible in their final days.
The New Jersey personal injury lawyers at Eisbrouch Marsh believe in holding those responsible for such pain and suffering fully accountable.
Who Can Initiate an Asbestos Lawsuit?
Certainly anyone who has received a mesothelioma diagnosis and can demonstrate exposure to asbestos materials can file suit to secure financial compensation for the harm sustained.
If an exposure victim has already died from mesothelioma or another related illness, his or her spouse or surviving heirs have the ability to initiate a wrongful death claim in order to seek what may be significant monetary awards.
There can be no doubt that toxic exposure of this nature wreaks havoc not only on the body but also on the financial stability of entire families. Medical bills, lost wages and other types of damages can leave families decimated, and that is why the New Jersey asbestos lawyers of Eisbrouch Marsh will aggressively pursue compensation.
Compensation in asbestos and mesothelioma cases may include:
- Past, current and future medical bills
- Lost wages
- Physical therapy costs
- Loss of earning capacity
- Loss of financial contribution
- Pain and suffering
- Loss of consortium
- Funeral expenses
Prevailing in Asbestos Litigation
Mesothelioma cases are always highly fact-specific, focusing on the precise nature of the harmful exposure alleged. Claimants must show that the substance in question was actually hazardous, that they were indeed exposed to it and that the exposure was the direct cause of the harm described.
Given the long history of asbestos litigation and the facts that have already been uncovered about manufacturer negligence and failure to warn of known risks, most New Jersey plaintiffs stand a strong chance of prevailing in this type of litigation, provided they file their case within two years of diagnosis or discovery of the disease. Many of these cases settle early on, but there are some circumstances in which a trial is necessary to secure full and fair compensation.
One problem faced by many asbestos plaintiffs is the fact that a large number of former manufacturers of asbestos products have been forced into bankruptcy or dissolved altogether, making them more difficult to pursue. Though the courts have compelled the creation of large victims’ compensation funds to assist in such scenarios, some of these funds have long since been depleted, leaving little left for new plaintiffs and those yet to come.
The actual value placed on a given mesothelioma case will also depend on a variety of factors that can include the true impact of the disease on the plaintiff’s life, the amount of wages lost now and in the future, the total of accumulated and projected medical costs, the victim’s pain and emotional suffering and the like.
The best way to ensure that your case is valued appropriately and that you receive the full amount of compensation you and your family deserve is to enlist the help of the seasoned New Jersey toxic exposure lawyers at Eisbrouch Marsh. Our network of medical experts, economic loss analysts and legal support staff will work in a collaborative manner to assemble all of the evidence necessary to achieve the best possible outcome.
Changing Nature of New Jersey Asbestos Litigation
Asbestos cases currently pending in New Jersey are far fewer than in recent years, but that is not to say that their intensity has waned. New types of defendants are being implicated in such lawsuits, such as manufacturers of fertilizers, cigarettes and talc products. With these cases come new and different debates about causation, exposure and liability than those often made in the past.
Though some victims’ compensation funds may not be as substantial as they once were, several recent verdicts offer real hope to those suffering from mesothelioma due to asbestos:
- In Bergen County, a $30.3 million verdict was rendered in a case involving “take home” or secondary exposure to asbestos fibers
- A $10 million verdict in Middlesex County in favor of mesothelioma patient with a documented history of exposure
- A $7.5 million verdict against Exxon Mobil in a case brought by a plaintiff who argued that she was exposed to asbestos not just as an employee but also as the spouse of an employee of the company
Mesothelioma Attorneys in NY and NJ Who Can Make a Difference
While nothing can change the ultimate outcome of a mesothelioma diagnosis, victims owe it to themselves and their families to seek financial compensation as well as accountability from those responsible for the resulting devastation. If you have received the terrible news that your exposure to asbestos is likely to prove fatal, or if your loved one has already succumbed to an asbestos-related cancer, we want you to know that help is available.
The asbestos exposure attorneys of Eisbrouch Marsh stand prepared to thoroughly investigate the facts of your case and develop a strategy designed to maximize your financial recovery. With offices in Hackensack, Newark, and New York, our lawyers welcome clients from Bergen County, Essex County and all nearby areas in New Jersey.. To begin the discussion today, call 201-342-5545.
Resources
- Mayo Clinic, Diseases and Conditions - Mesothelioma, http://www.mayoclinic.org/diseases-conditions/mesothelioma/basics/definition/con-20026157
- National Institutes of Health Medline, Mesothelioma, https://medlineplus.gov/mesothelioma.html
- National Cancer Institute, Malignant Mesothelioma, https://www.cancer.gov/types/mesothelioma
- New Jersey Law Journal, N.J. Asbestos Litigation Still Active And Still Evolving, http://www.njlawjournal.com/id=1202669915102/NJ-Asbestos-Litigation-Still-Active-And-Still-Evolving?slreturn=20170906140037
