How Much Can a Plaintiff Receive From the Court for an Asbestos Related Disease?



Asbestos related diseases such as asbestosis and malignant mesothelioma happen as a result of a person being exposed to asbestos fibers. Once the fibers are either inhaled or swallowed they stay in a person's body.

In many cases, over the course of several decades, debilitating diseases develop. These diseases can be very painful. They often will preclude the victim from being able to work. And they are very expensive to treat.

Most people who have mesothelioma were exposed to asbestos while they were working.

History has shown that through the years many of the companies that were involved in the mining of asbestos or in the manufacturing of products that contain asbestos were very much aware of the health consequences they were subjecting their workers to. However these companies not only chose to ignore this information, they even went so far as to deny that there was any connection between asbestos and any life threatening disease.

Ultimately the truth came out and many of the people whose lives were jeopardized (or the survivors of the victims of asbestos related diseases) hired asbestos attorneys to stand up to the companies and hold them accountable for their actions.

Over the years hundreds of thousands of such cases have been brought to court. The amount of a settlement or an award is impossible to predict. It often depends on the quality of the attorney and the credibility of the medical evidence.

On February 27, 2008 a jury in New Jersey awarded $30.3 million to the daughters and widow of Mark Buttitta from General Motors and other defendants. What is notable about this case is that not only was Buttitta only fifty years old when he died, it is believed that his exposure to asbestos was a result of what was carried home on his brother's and father's work clothes. Both his father and his brother worked at General Motors parts warehouses.

In 2004 a seventy-six year old gentleman brought action against Asbestos Corporation Ltd., claiming that his mesothelioma was a result of his being exposed to asbestos in the 1950s. However, in this instance, the company's attorneys were able to convince the jury that the man's lung cancer was a result of his being a cigarette smoker.

What Can You Do to Enhance the Chances of Winning a Mesothelioma Case?

One of the major factors involved in successfully pursing a mesothelioma case is to have cancer specialists offer expert testimony and to have irrefutable diagnosis. A competent attorney for the plaintiff will make sure that his or her client gets their diagnosis from a qualified oncologist.

Because mesothelioma lawsuits are personal injury cases causation is at the crux of the claim. The more credible the testimony and the stronger the evidence, the more likely it is that the jury will find in the plaintiff's favor.

So the first thing that you should do is learn as much as you can about the law firm that you want to represent you.