Mesothelioma Law Firms

The explosion of mesothelioma and other asbestos-related illnesses in the U.S. and abroad as made such litigation a legal specialty all its own. Over the past thirty years, a number of unfortunate trends in the U.S. – the federal government’s abdication of regulatory responsibility, unregulated laissez-faire corporate capitalism, inhuman and parasitic greed on the part of corporations, and the refusal and failure of the U.S. government to recognize health care as the right of all citizens – have converged to create the largest cause of legal action in modern history.

It is worth considering that had the federal government taken its responsibility toward its working citizens more seriously by subjecting industry to stringent safety regulations and provided free health care to all citizens, the amount of litigation would be a small fraction of what actually is today.

Sadly, the damage is done, yet the federal government and courts still exhibit a strong tendency to side with corporate interests. Fortunately, the few conscientious progressives in Congress and a small army of determined litigators committed to principles of justice continue to fight for victims’ rights to recover damages caused by corporate disregard for human life and well-being in the name of profits.

A Brief History

The egregiousness of corporate malfeasance becomes horribly clear when it is understood that the toxic properties of asbestos have been known and documented since the days of the Roman Empire. The Romans were fascinated by the “magic mineral” that would not burn, yet could be woven into fabric like cotton or wool. Patricians knew the price of working with the substance, however; what the modern world knows as asbestos-related illness was called “The Slaves’ Disease” by the idle rich of Rome (1).

The modern history of asbestos litigation starts in the late 19th Century. After half a century of asbestos manufacture and use as a building material, physicians were starting to see increasing numbers of respiratory illnesses among those who worked with asbestos. By 1897, a medical study by doctors in Italy identified asbestos dust as the cause of an outbreak of respiratory disease in a community of asbestos weavers (2). The same cause and effect was identified in British asbestos factories during the first ten years of the 20th Century.

By the 1920’s, studies in the U.S. showed that asbestos workers were dying prematurely at a significantly higher rate than the general population, and by 1940, it was clear that asbestos exposure was the cause behind such deaths. Nonetheless, this information was suppressed by corporations and the federal government for another quarter-century. After a 1977 discovery of what came to be known as “The Asbestos Pentagon Papers” at the corporate headquarters of the Raybestos-Manhattan Company however, the truth could no longer be hidden (3).

Accountability

Since that time, well over six hundred thousand court actions have been taken against asbestos manufacturers as well as companies who used asbestos products. Despite the usual efforts on the part of corporations to abdicate their responsibilities through manipulation of the legislative process, the right of victims to hold them accountable has so far been upheld (4).

While there are many law firms able to competently represent a plaintiff in an asbestos case, it is worthwhile to do some due diligence. Because of the long latency period of mesothelioma, asbestosis and other asbestos-related disease, it requires a great deal of specialized knowledge and research in order to build a strong case. Often, gathering supporting evidence is a challenge; for this reason, it is best to choose your representation from among a number of mesothelioma law firms. These firms typically have had a great deal of experience in asbestos litigation. To put it in colloquial terms, the attorneys who work for a mesothelioma law firm “know where the bodies are buried.”

The fact is, successfully winning a plaintiff judgment in an asbestos case requires meticulous, time consuming research and the testimony of very specific witnesses. As mentioned earlier, mesothelioma has a long latency period – symptoms typically do not appear for anywhere from twenty to forty years after initial exposure. In that time period, businesses go under or are acquired by other businesses; memories become uncertain; witnesses disappear.

An increasing number of mesothelioma law firms are building and maintaining databases of information related to the asbestos industry, including digital archives of old documents, photographs, depositions and court records, and examples of case law and precedent. If the law firm you are considering has access to such a database, it is a good indication that they will be able to represent you successfully.

The best way to find good mesothelioma law firms is to contact the bar association in your state. They can refer you to a number of qualified firms and individuals.

The next step is to interview attorneys from at least three or four different firms. Before deciding upon legal representation, learn about the attorney’s experience. How many asbestos cases has s/he handled? In how many of these cases did the judge find for the plaintiff? Will s/he be handling the case personally, or referring it to someone else? Is s/he or the firm wiling to represent you on a contingency basis? Will your case stand alone, or will it be part of a group action?

Once you’ve ascertained this information, it is a good idea to log onto http://www.martindale-hubble.com and check the firm’s profile and rating (5).  

Remember that monetary awards in mesothelioma can be huge, and thus pose a great attraction to less ethical elements in the legal profession. If someone in a pinstriped three-piece suit and $300 hairstyle hands you a card that says “You May Have Million-Dollar Lungs!,” this is not someone you want to have handle your case.

Spending the extra time and effort to find a principled legal professional with your best interests in mind who understands asbestos litigation takes some detective work, but it is well worth the effort.

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