Mesothelioma is a rare and very specific type of incurable, malignant lung cancer that is caused by asbestos exposure. If you or a loved one has been diagnosed with Mesothelioma due to asbestos exposure, you have a right to fair compensation. The Ferrell Maritime and Mesothelioma Law Group can help.
James Ferrell and the attorneys at The Ferrell Maritime and Mesothelioma Law Group are among the nation’s most experienced attorneys with regard to filing Mesothelioma claims on behalf of victims and their families. Even if the effected family member has passed away, there may still be recourse for his or her beneficiaries.
We work with many other law firms and litigators who often refer their Mesothelioma cases to us due to our depth of experience in this area.
What is Mesothelioma?
Mesothelioma is a type of cancer always caused by asbestos exposure. It is prevalent in many industries and occupations and can affect members of the entire family.
If you or a loved one has contracted Mesothelioma as a result of exposure on the job or in your home, there may be compensation available for you and your family. While no amount of money will ever bring back a loved one if they did not survive, it may help to ease the devastation that was caused by the illness, loss of solvency, and subsequent medical treatment that came after.
Historically, most Mesothelioma lawsuits will end in a settlement. While some cases do go to trial, the majority will be settled out of court. If your case does go to trial, it can be a lengthy process.
The verdict and settlement amounts will vary considerably, depending on a number of factors:
- Medical history
- Where the initial claim is filed
- How many companies are being sued
- Lost wages, medical costs, and other expenses
The outcome is largely dependent on our ability to prove negligence or product liability on the part of the defendants. Mealey’s Litigation Report shows that the average Mesothelioma trial award in 2015 was, on average, about $2.4M. However, the settlement amount would be considerably less, generally in the range of about $1M – $4M, depending on the mitigating factors. These amounts can also be borne by multiple defendants. One thing is certain, no two cases, and no two verdicts are exactly alike – they are predictable only in their unpredictability.
Should I settle or seek a trial verdict?
While a settlement may bring you less money than a jury might award you, there is no guarantee that a jury will side with you in a trial. If you decide to accept a settlement, at least the amount offered is guaranteed. You will likely collect it much more quickly as well, as a trial can sometimes take years to even get before a judge.
The decision to settle or to go to trial is something you will have to decide. Seeking the advice of a qualified attorney who is experienced in Mesothelioma cases is always your best option. The attorneys at The Ferrell Maritime and Mesothelioma Law Group will walk you through the entire process and will help you to understand your options going forward.
If you receive a settlement offer, it will be up to you to decide whether to accept it or go to trial. Your attorney will be able to support you in making this decision, one that is best for your unique circumstances and the nature of your case. Once you have accepted a settlement, the matter will be closed to further legal action.
At The Ferrell Maritime and Mesothelioma Law Group, we will prepare your case with the intention of taking it to trial. We gather the evidence and supporting documentation as if we were preparing it to present it to judge and jury.
As we progress, a settlement may be offered. The amount of the settlement may range, but certain factors are more significant than others when arriving at the settlement amount. One of the key arbiters is called the case valuation matrix.
The case valuation matrix encompasses a range of factors, including any trust funds the company may have already established to deal with asbestos claims. Even companies that have declared bankruptcy may have been required to establish such a fund prior to becoming insolvent. In this instance, the company may have set a base amount that they are prepared to award to the plaintiff (that’s you). The settlement amount may be adjusted according to a range of other factors including the plaintiff’s age, diagnosis, medical history, and the extent of the asbestos exposure.
Because most of these trust funds do not have nearly enough money to pay out every claim they will receive, they may offer to pay a median percentage of the claim in order to settle the matter. If there is a trust in place, there is often little hope of obtaining more than their baseline, as the trust limits individual payouts. This is to make sure they have a reserve for claims that may be filed against them in the future.
If you are considering filing a Mesothelioma lawsuit, speak to the experts at Ferrell Maritime and Mesothelioma Law Group today. Your call is confidential, and there is no obligation, no matter what you decide to do.
Mesothelioma and Lung Cancer caused by Asbestos Exposure
Mesothelioma is a rare and very specific type of incurable, malignant lung cancer that is most often caused by asbestos exposure. Though it can be caused by other factors, including genetic predisposition and smoking, these are quite rare in and of themselves. If you or a loved one has been diagnosed with Mesothelioma due to asbestos exposure, you have a right to compensation. The Ferrell Maritime and Mesothelioma Law Group will secure settlement.
The many dangers of asbestos
Occupational exposure (exposure that occurs on the job) is the most common cause of Mesothelioma. For that reason, some occupations are at a much higher risk. These include land based oil field workers, off-shore oil field workers, firefighters, electricians, construction workers, automobile mechanics, factory workers, plumbers, roofers, bricklayers, insulators, foundry workers, carpenters, shipyard workers, steelworkers, drywallers, welders, pipe fitters, boilermakers, loggers, railroad workers and disaster recovery technicians. Other high-risk job sites include power plants, steel mills, oil refineries, and navy ships.
Asbestos was widely used throughout the 20th century and long before its dangers were well known. Its resistance to heat and fire, its versatility and strength meant that it was used for a wide range of applications, the most common being insulation. Residential and commercial buildings that were constructed before asbestos laws came into place still pose a serious risk today.
Inhaling the microscopic asbestos fibers consistently over a period of time will accentuate the risk. Hence, any individual who has worked in any of the abovementioned jobs could be at serious risk for developing asbestos-related illness and malignant Mesothelioma. For these individuals, illness may not appear for many years, in some cases 10 years or more, and even up to 30-60 years after first exposure.
Secondhand exposure is also possible, putting family members and loved ones of the exposed individuals into the high-risk category. It is not uncommon for the spouses and children of those exposed to asbestos to contract mesothelioma through handling clothing and other items.
Secondhand asbestos exposure can also occur in those who live nearby refineries, shipyards, factories, and steel mills, or if they live close to sites where older buildings and factories have been demolished.
The act of demolition can release asbestos fibers into the environment and pose a risk of contaminating the surrounding neighborhoods. As these neighborhoods often house older and lower-income families and individuals, they may not be well-informed as to the dangers that are right in their backyard and may be ill-equipped to do anything about it or protect the welfare of themselves or their loved ones.
The Ferrell Maritime and Mesothelioma Law Group fights on your behalf, securing the compensation you so rightly deserve in the event that you are adversely effected by such activity.
Compensation for pre-1982 asbestos exposure
Any worker who was exposed to asbestos and who tests positive for any asbestos-related illness or cancer may have an avenue to obtain compensation from manufacturers of products that contained asbestos.
These occupations can include:
- Land Based Oil Field Workers
- Off-Shore Oil Field Workers
- Drywall Installers
- Foundry workers
- Shipyard workers
- Construction workers
- Sheet metal workers
- Cement finishers
- Maintenance workers
- Dry-Wall workers
- Navy Men
- Railroad workers
- and more
Available Financial Compensation for Mesothelioma
If you have been diagnosed with Mesothelioma, you may be eligible for compensation. Though there is no absolute guarantee that your specific case will warrant litigation, you owe it to yourself and your family to investigate.
Treatment, which may include radiation and a range of other therapies, can be very expensive. If indeed your illness was caused by workplace exposure or through other unwitting exposure on the part of a corporation or business entity, you should be entitled to fair and adequate compensation. These funds could help to alleviate some or all of your medical expenses and help relieve the burden of care your family or loved ones have to bear.
As each situation is markedly different, it is advised that you seek legal counsel as soon as possible following your diagnosis. The legal team at The Ferrell Maritime and Mesothelioma Law Group is highly experienced in prosecuting Mesothelioma cases and will be able to inform you as to what you might expect.
The Ferrell Maritime and Mesothelioma Law Group promises to do their utmost to fight for and obtain the compensation you so richly deserve. Call today to schedule a consultation.