Pennsylvania Mesothelioma Lawyers

Those who cannot file a lawsuit because of a missed filing window or other reasons may still have options for getting compensation. For instance, some may be eligible to file an asbestos trust fund claim against bankrupt asbestos companies. Victims may also be able to file a lawsuit in another state.

Mesothelioma patients and other eligible individuals may file personal injury or wrongful death lawsuits in Pennsylvania courts or another state. Experienced Pennsylvania mesothelioma attorneys help their clients start this process, then continue to support them throughout the lawsuit process. Lawsuits require filing in court, gathering evidence and navigating the judicial system. Mesothelioma attorneys in Pennsylvania can help protect the rights of those impacted by asbestos and handle the lawsuit process.

Did You Know?

The statutes of limitations in the state you now live may not be applicable to your case. An experienced mesothelioma attorney can determine the best state in which to file your case and what the deadline to file will be.

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Filing VA Claims in Pennsylvania

Veterans with service-related asbestos diseases like mesothelioma may qualify for monthly benefits from the U.S. Department of Veterans Affairs (VA). Historically, military service members have faced significant asbestos exposure risks. Asbestos products were commonly used throughout all branches of the military before the 1980s.

For example, the Philadelphia Navy Yard was primarily used for industrial research and development and shipbuilding up until 1990. Veterans and workers at the shipyard may have been exposed to asbestos through insulation, boilers, gaskets and other components. As a result, service members from the Navy, Marines and other military branches have developed asbestos illnesses. In 1996, the Navy and the Environmental Protection Agency (EPA) partnered to shut down and clean up the shipyard. Asbestos was one of multiple contaminants at the site.

Veterans with mesothelioma or other asbestos illnesses may qualify for VA benefit claims and additional compensation from other sources like lawsuits.

03. Pennsylvania Settlements & Verdicts

Mesothelioma Settlements in Pennsylvania

Victims of asbestos exposure in Pennsylvania have received millions of dollars in compensation through asbestos settlements and jury verdicts. In general, settlements range from $1 million to $1.4 million, but individual cases may result in higher amounts.

In one example, a Philadelphia school teacher was diagnosed with peritoneal mesothelioma after years of exposure to asbestos in school buildings. She obtained an $850,000 settlement from the school district.

Additional settlements in Pennsylvania include:

• $6.4 million for a 65-year-old shipyard worker (Maryland Drydock)
• $5.3 million for a 47-year-old laborer with talc exposure
• $4.3 million for a 69-year-old Marine Corps veteran and flooring installer
• $3.7 million for a 78-year-old plumber and boilermaker
• $3.6 million for a 61-year-old maintenance worker and electrician with secondary exposure
• $3.6 million for a 70-year-old Navy veteran and electrician (PPG Industries)
• $3.1 million for a 64-year-old laborer and home auto mechanic
• $2.9 million for an 83-year-old Army veteran and shipyard worker (Treasure Island Naval Station)
• $2.6 million for a 76-year-old railroad worker, air traffic controller and home mechanic
• $2.5 million for a 71-year-old Marine veteran and shipyard worker (Philadelphia Naval Shipyard)

Mesothelioma Verdicts in Pennsylvania

Pennsylvania judges and juries have found multiple asbestos companies liable for their role in causing mesothelioma. These companies used and manufactured asbestos products, exposing workers and consumers.

Examples of mesothelioma verdicts in Pennsylvania include:

• $7.25 million to a shipyard worker’s widow: In 2014, a Pennsylvania jury awarded the estate of a deceased Navy shipyard worker $7.25 million in a wrongful death lawsuit. The jury found the defendant, RSCC Wire & Cable, responsible for his asbestos exposure and resulting mesothelioma.
• $2.3 million to a maintenance worker’s widow: In 2016, a Pennsylvania court upheld a verdict that awarded the spouse of a deceased maintenance worker $2.3 million. One of the defendants, Crane Co., made asbestos-containing gaskets that the victim installed.

_{Note: Each lawsuit is different, and prior results do not guarantee a similar outcome in the future. Contact a reputable Pennsylvania mesothelioma lawyer to understand how much compensation you may be eligible to receive.}

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04. Asbestos Laws in Pennsylvania

Pennsylvania Asbestos Laws & Regulations

Pennsylvania’s history and high numbers of asbestos-related illnesses have likely influenced how the state handles asbestos now. In addition to federal laws, state legislation and regulations aim to protect citizens and address the large number of asbestos claims in Pennsylvania.

The Department of Environmental Protection and the State Department of Labor are involved in the regulation of asbestos.

The Asbestos Occupations Accreditation and Certification Act, passed in 1990, recognizes the dangers of asbestos and sets requirements for asbestos handling and abatement. The Act regulates certification programs for those who handle asbestos, such as when remodeling or cleaning older buildings. It also sets terms for when and how companies must notify the Department of Labor when working with asbestos.

Pennsylvania Laws Affecting Asbestos Litigation

Pennsylvania also has several asbestos laws related to litigation.

In 2013, the Pennsylvania Supreme Court upheld an exception to the state’s workers’ compensation law. Usually, Pennsylvania workers cannot sue their employers. Instead, they must file claims against the companies’ workers’ compensation policies for potentially lower payouts. The court’s ruling confirmed that most asbestos cases fall under an exception to this rule, and victims can directly sue their employer.

Other Pennsylvania laws establish rules for asbestos cases, such as medical criteria and case management.

• Case management: Pennsylvania has policies in place to prioritize more serious cases involving more serious asbestos illnesses, like mesothelioma. For example, asbestos victims with asymptomatic pleural thickening are not eligible for compensation.
• Causation: Despite medical acceptance that there is no safe level of asbestos exposure, Pennsylvania courts have rejected the “each and every exposure” theory of causation. This means that a one-time exposure to asbestos is not enough to establish that exposure caused a person’s asbestos disease. Asbestos victims need to demonstrate they worked closely with asbestos on a regular and frequent basis.
• Company successor liability: When a company merges with or acquires an asbestos company, it may assume that company’s asbestos liabilities. Pennsylvania laws may limit the liability of the successor company.
• Medical criteria: Pennsylvania laws limit lawsuits from asbestos-exposure victims who do not experience physical impairment from their diagnosis. This includes emotional distress caused by an increased fear of cancer from non-malignant asbestos conditions like pleural thickening. However, people can file a lawsuit later should they develop a malignancy in the future.
• Two disease rule: Pennsylvania courts have also adopted the “two disease rule,” which allows for separate lawsuits based on separate conditions. Someone who has both mesothelioma and lung cancer may be able to file two different lawsuits.

Mesothelioma lawyers have an understanding of these laws and how they may impact a case. They can help Pennsylvania asbestos victims determine their best filing options for compensation, including where to file.