Wednesday, October 26, 2016

Do Not Let the Statute of Limitations Run out on Your Asbestos Lawsuit

statuteoflimitationshourglass_81Asbestos-related conditions like mesothelioma do not usually manifest themselves right away. Most of the time, it can take years before the signs and symptoms of serious illnesses alert asbestos exposure victims to the harm they have suffered. With such a long passage of time between asbestos exposure and developing mesothelioma, victims may be unsure of the legal timeframes they have to file claims and seek compensation.

One recent case highlights exactly why victims and their families need to take immediate action when someone they love is diagnosed with mesothelioma or another serious asbestos-related condition. While times can be trying after a mesothelioma diagnosis, victims are strongly advised to contact an experienced, nationwide mesothelioma lawyer about their case as soon as possible.

The victim in this case was an 84-year-old Washington man who worked at a paper pulp factory for many years after his discharge from the Navy. The victim passed away in 2010 due to complications from the mesothelioma he developed from asbestos exposure while at the pulp and paper mill.

Court Split on Statute of Limitations for Asbestos Lawsuits

His daughter eventually filed a wrongful death lawsuit against defendants she claimed were responsible for her father’s fatal medical condition. However, the Washington Supreme Court recently ruled since the three-year statute of limitations had already passed on personal injury lawsuits, she could not recover for the loss of her father.

According to the court’s 5-4 decision, such a claim would have to begin as a personal injury lawsuit, which could be amended to a wrongful death lawsuit should the victim pass away during the court of litigation. The dissenting judges were stunned by the majority’s decision, calling it “topsy turvy” logic that a wrongful death claim would need to be filed before the victim’s passing.

Before his passing, the victim filed suit against several companies he claims were responsible for his asbestos-related conditions. Those lawsuits resulted in settlements, awards, and some dismissals where he eventually collected around $1.5 million in compensation for his injuries.

While the victim’s personal awards may have helped pay for his medical treatment, they could do little to compensate his family for the tragic loss of his life. Although money cannot bring back the ones we love, the law none the less prescribes it as the legal remedy plaintiffs have to hold wrongdoers accountable for their careless actions.

Nationwide Mesothelioma Lawyers

If you or a loved one developed mesothelioma or another asbestos-related condition it is important to act quickly to ensure your claim is filed within the required time frames. By speaking to a lawyer right away, you can help preserve your legal rights and begin the process to recover the compensation you deserve.

Contact our office for a free legal consultation about your case. The experienced nationwide mesothelioma attorneys of the Throneberry Law Group are fully prepared to help you and your family get the justice you deserve and hold these wrongdoers accountable so that others may be spared from this debilitating disease.

Do Not Let the Statute of Limitations Run out on Your Asbestos Lawsuit

Friday, October 21, 2016

Arizona Court Finds Company not Responsible for Mesothelioma Caused by Secondhand Asbestos Exposure

iabestosisotherasbestosdisease_27An Arizona Appeals Court ruled that parties are not liable for the harm their asbestos products cause to others in secondhand or “take-home” asbestos exposure. The case centered around a decedent whose surviving heirs claim the victim passed away due to secondhand exposure of asbestos brought home by the victim’s father. The mesothelioma victim’s father worked for Arizona-based Reynolds Metals Co. in Maricopa County during the 1950’s and was frequently exposed to asbestos fibers on work clothes, inside automobiles, and general surroundings.

Attorneys for the plaintiff argued that defendant owed a duty to refrain from creating dangerous or otherwise hazardous conditions on its property, which could cause harm to others off site. Courts in other states have found that plaintiffs were harmed because their parent worked in proximity to asbestos and the defendants owed them a duty not to place them at risk.

The plaintiff argued citing other state courts that property owners owe “a general duty to refrain from engaging in affirmative acts that a reasonable person should recognize as involving an unreasonable risk of causing an invasion of an interest of another, or acts which involve an unreasonable risk of harm to another.”

Unfortunately for the mesothelioma victim, the Arizona Court of Appeals interpreted the Arizona’s premises liability laws in such a way that it released the company from liability of injury caused by secondhand exposure to asbestos. The Court declined to follow other jurisdictions that have held landowners responsible for secondhand asbestos exposure. In doing so, the court wrote “A landowner owes invitees a duty to provide reasonably safe premises and reasonably safe means of ingress and egress” but that duty ends when persons are not on the property.

The Court further declined to hold the company responsible for secondhand asbestos exposure based on public policy. The Court went on to express concerns over the type of precedent a ruling in the plaintiff’s favor would create future litigation. Although this ruling is a setback for the plaintiff, the case, nevertheless, should not deter secondhand exposure or “take-home” asbestos exposure mesothelioma victims from pursuing a case.

Nationwide Mesothelioma Lawyers

Mesothelioma and asbestos exposure lawsuits are complex types of litigation requiring an experienced and dedicated nationwide mesothelioma lawyer to see through to the end. Mesothelioma victims can file asbestos exposure lawsuits to recover compensation for their medical bills, pain and suffering, lost income, and other damages.

Contact our office if you or a loved one developed mesothelioma. Our attorneys can help investigate your case and determine if any parties can be held liable for your injuries. Strict time deadlines apply when filing asbestos lawsuits so please contact us at your earliest convenience and preserve your legal rights.

Arizona Court Finds Company not Responsible for Mesothelioma Caused by Secondhand Asbestos Exposure

Monday, October 10, 2016

Plaintiffs File Lawsuit Against Asbestos Trust to Recover Compensation

img-2A group of plaintiffs recently filed a federal lawsuit against an asbestos litigation trust set up by their former employer to recover millions in unpaid claims they allege the administrators are squandering. In addition to this suit, the asbestos litigation trust set up to disperse compensation to victims also faces hundreds of other claims over allegations that workers at a Texas-based plant were exposed to asbestos for decades.

The case began in 2000 when the defendants, Tyler Pipe and Swan Transportation, lost a pair of multimillion dollar asbestos exposure lawsuits which ultimately bankrupted the companies. As is common with these types of cases, bankruptcy courts required the defendants to set up a trust fund for these and other victims exposed to dangerous industrial conditions while working at the plant.

Victims Still Waiting for Asbestos Exposure Compensation

The plaintiffs in this suit claim in the 16 years since the original lawsuit was litigated, the money appropriated for the trust has been misused and payments for the sick and dying withheld. Some plaintiffs expressed a desire to do good with their rightfully due compensation before they ultimately succumb to their asbestos-related medical conditions.

Unfortunately, another all too common practice with asbestos exposure lawsuits is defendants trying to skirt responsibility for their careless actions while innocent victims suffer the consequences for their honest, hard work. Mesothelioma and other asbestos exposure victims are strongly encouraged to speak to an experienced asbestos lawsuit attorney about their case to help ensure their claims are taken seriously.

What is the Difference Between an Asbestos Lawsuit and Bankruptcy Trust Claim?

Asbestos bankruptcy trust claims differ from traditional lawsuits in several key ways, though certain aspects of the discovery and evidence gathering process are similar. When a victim makes a claim to an asbestos trust, the administrators of the trust review the individual’s work and medical history as well as any other evidence presented.

These claims differ from formal lawsuits since there are no judges or courts to go through, including lengthy trials and appeals processes. Additionally, the claimant is usually responsible for gathering all of the necessary evidence to satisfy the requirements the trust needs to pay out legitimate claims.

The advantage to going through a claims process is usually time and energy on the part of the plaintiff and the attorney representing him or her. The main disadvantage is the amount of money paid for each claim: usually only 1 to 25% of the claims actual value ends up being paid by the end of the process.

Nationwide Mesothelioma Lawyers

If you or a loved one developed mesothelioma or another asbestos related condition, contact our office for a consultation about your case to find out what kind of legal options you may have. Our dedicated nationwide mesothelioma attorneys have years of experience litigating asbestos exposure lawsuits and bankruptcy trust claims to help victims get the compensation for their medical treatment, pain and suffering, and funeral expenses.

Plaintiffs File Lawsuit Against Asbestos Trust to Recover Compensation

Tuesday, October 4, 2016

Mesothelioma Awareness Day 2016

defaultSeptember 26 recently marked National Mesothelioma Awareness Day. The Mesothelioma Applied Research Foundation created the occasion to bring nationwide awareness of the issues facing mesothelioma patients and their families. Additionally, the event is a terrific way for mesothelioma cancer charities across the country to fundraise for important research that one day may find a cure for the disease.

National Mesothelioma Awareness day is recognized by the House of Representatives and the Senate as well as many state and local governments. Furthermore, events related to the day have raised over one million dollars to benefit various causes related to research and support for victims.

The day is extremely important for the 2,000 to 3,000 victims diagnosed every year with mesothelioma and their families. While the aggressive disease is relatively unknown by most people throughout the country, those who struggle with mesothelioma know all too well the toll it takes on ordinary folks.

How to Support National Mesothelioma Awareness Day

There are many ways we can get involved in raising awareness and supporting National Mesothelioma Awareness Day. With the advent of social media, we can all take some small steps that may eventually add up to big changes.

  • Support Mesothelioma Awareness Day on Social Media: Use your favorite social media accounts to share pictures and stories about how mesothelioma has impacted your life and the work you can do to help find a cure.

  • Donate to Mesothelioma Charities: There are a number of terrific charities out there we can donate our time or money to in order to raise the funds researchers need to find a cure for mesothelioma.

  • Wear Blue on September 26: Blue is the official color of National Mesothelioma Awareness Day. Supporters are encouraged to wear blue clothing or wristband from a charity to raise awareness about the struggle and hope survivors and their families go through.

Explaining Mesothelioma

While is is an extremely aggressive and ultimately fatal form of cancer, most people do not know the cause, symptoms, or even what mesothelioma is. It is important to let people know mesothelioma is causally linked to exposure of asbestos, a flaky industrial material often used in insulation and other products.

What people may also not know about mesothelioma is that takes decade for the disease to develop after asbestos exposure. Once it does, the symptoms manifest themselves in cancerous growths in the thin tissue lining surrounding the lungs and abdomen.

Furthermore, there is no cure for mesothelioma. That simple fact alone makes it all the more important for people to get out, share their stories, and get others on board with the mission to end this deadly cancer once and for all.

Nationwide Mesothelioma Lawyers

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to an experienced nationwide mesothelioma lawyer. The Throneberry Law Group understands the hardships mesothelioma victims and their families face and will work hard to hold wrongdoers accountable and get folks the compensation they need to pay for medical treatment and live comfortable lives.

Mesothelioma Awareness Day 2016