Recently, the New Jersey Supreme Court ruled that a corporation’s insurance company must pay claims to mesothelioma victims regardless of liability insurance. Previously, if insurance wouldn’t cover it, then the company was liable. This is a controversial decision since some justices dissented thinking this will give a free pass to companies to continue to make asbestos products without recourse.
There are different forms of mesothelioma. The most common form of mesothelioma is pleural mesothelioma. This cancer develops in the lining of the lungs. Also, it accounts for around 75% of all mesothelioma cases. Symptoms of pleural mesothelioma often affect breathing and the thoracic cavity(chest), and they can often be taken for problems related to other diseases, such as pneumonia, flu, or even lung cancer.
Liability to Mesothelioma Victims
The case involves Honeywell Heating, which was a company specializing in hot water generators from 1906 to 2012. The company knowingly used asbestos-laden products even after employees began getting sick. When mesothelioma victims win a lawsuit, it is the insurance company that normally pays the claim. Honeywell purchased liability insurance specifically to protect itself from legal costs. However, continuing to manufacture asbestos products made it difficult to continue to obtain insurance coverage. With this new ruling, insurance companies in New Jersey will still have to pay claims even if they denied coverage.
Currently, Honeywell’s insurance paid 71,000 mesothelioma victims. There are more cases pending. One judge on the Supreme Court was worried that this ruling will give corporations a free pass to continue to expose workers without recourse. However, another justice argued that this will give mesothelioma victims more opportunities for justice.
Filing a Mesothelioma Claim
- Length of exposure to asbestos
- Duration of the asbestos exposure
- Health implications from asbestos
Most people have trouble pinpointing the location of the asbestos exposure. However, an experienced complex litigation attorney can help look through your history and identify possible locations. It is important to do this quickly since many states have a small window when you can file your mesothelioma claim.
Mesothelioma Claim Deadlines
Each state has its own laws, called statutes of limitations. These laws tell you how long you have to file a claim. Some states give you 365 days while others can be six years. The timeframe also depends on the type of claim. These are wrongful death or personal injury. Each claim can change the length of time of the statute of limitation.
Personal Injury Claims
Someone can file a personal injury claim after a mesothelioma diagnosis. A person needs to be directly affected by the disease. Compensation with these claims can be:
- Medical expenses incurred during diagnosis and treatment, including future treatment
- Lost wages or other income, including expected future income
- Pain and suffering experienced because of an asbestos-related disease
Individuals diagnosed with mesothelioma can usually file personal injury claims in any state where you were a resident, worked, or served in the military.
Wrongful Death Claims
After a death from mesothelioma, the family can file a wrongful death claim. Family members sue to win compensation to cover:
- Loss of expected income due to the untimely death
- Medical costs
- Funeral expenses
The specific claims available to family members may vary from state to state. Discuss your claim options with us today.
The path to mesothelioma compensation may seem overwhelming. It is important to have a knowledge attorney guiding you through the entire process. We work on a contingency fee basis. This means you pay nothing until you receive compensation.
A Complex Litigation attorney like those found at The Michael Brady Lynch Firm is critical when seeking help to cover your asbestos-related expenses. Identifying when and where you were exposed to asbestos is crucial to your lawsuit. Experienced lawyers are familiar with companies that used asbestos and know which job sites had a significant amount of asbestos use. Also, they know which products contained high concentrations of the toxic mineral.
Also, consultations are completely free, confidential and have no obligation. The Michael Brady Lynch Firm has successfully represented thousands of consumers and recovered millions of dollars for their clients. Those in the industry from around the country recognize our team of attorneys as some of the most experienced and successful in the country. Our award-winning staff is also sought after for our knowledge of complex litigation, scientific evidence development, negotiation strategies and trial tactics.
Most of all, our law office is resourceful and dedicated to pursuing any compensation. Because of this, we have received a high degree of peer recognition and professional achievement, such as inclusion on numerous Plaintiff Steering Committees. We will take whatever legal measures are necessary when fighting for your rights to damages.