While Congress has regulated the use of asbestos, this material still gets used in many industries. However, it has been linked to mesothelioma, a disease that gets diagnosed about 3,000 times yearly. Workers in Cleveland, Ohio, can file a claim if they think their job caused them to come in contact with asbestos.
Overview of mesothelioma
Asbestos, a fibrous substance, has long been used as insulation because of its heat-resistant properties. Mesothelioma occurs when a person inhales the particles that may get stuck in the lung, heart or abdomen lining.
Pleural mesothelioma affects lungs, peritoneal affects the abdomen, and pericardial affects the heart, which is the rarest form. Mesothelioma is a progressive disease, which means that symptoms often remain dormant for 10 to 50 years. Some common mesothelioma symptoms include chest pain, trouble swallowing, trouble breathing, nausea, vomiting, unexplained weight loss and coughing.
A major factor in asbestos and mesothelioma claims is determining liability, which requires medical and employment records and testimony. The plaintiff must prove that the defendant knew asbestos was present, but they acted negligently and didn’t remove it in reasonable time. The employer must have owed a duty of care to the employee, and they breached that duty, causing harm.
Mesothelioma claims commonly fall under personal injury for primary exposure or secondary exposure, which occurs from employees bringing asbestos home. Another type of claim is a wrongful death lawsuit on behalf of a family member who died from asbestos exposure. If the company has gone out of business, a plaintiff may get compensated through asbestos trust funds that the business was required to establish.
Plaintiffs may be able to recover lost wages, travel expenses, treatment costs, and pain and suffering. Strict product liability lawsuits are another option, which doesn’t require proving negligence. Sometimes, being part of a mass tort or class action lawsuit increases odds of recovering damages after asbestos exposure.