Wisconsin Mesothelioma Lawyers and Law Firms
Wisconsin ranks 13th in the U.S. for deaths from malignant mesothelioma. Mesothelioma is a rare, deadly form of cancer caused by asbestos exposure. Mounting a mesothelioma lawsuit is a complicated process. For that reason, victims of asbestos exposure may want to hire a Wisconsin mesothelioma attorney who can help them to potentially win a mesothelioma settlement.
Filing a Wisconsin Mesothelioma Lawsuit
Those interested in filing a Wisconsin mesothelioma lawsuit or in hiring a Wisconsin mesothelioma lawyer should be aware that their legal rights may be restricted by Wisconsin’s statute of limitations. A statute of limitations is the period of time you have until it is “too late” to file an asbestos or mesothelioma lawsuit. So you are advised to contact a Wisconsin mesothelioma lawyer as soon as possible after a mesothelioma diagnosis in order to file any lawsuits within the state’s statute of limitations.
An experienced Wisconsin mesothelioma attorney can help you present your case and maximize your chances of winning a settlement in a court of law. To make sure that you are protected under the law and to build a strong case, a mesothelioma attorney will first need to obtain the following information:
- Medical records confirming a diagnosis of mesothelioma or other asbestos disease
- Death certificate with cause of death listed (if applicable)
- Work history or military service to determine how and when the asbestos exposure occurred
It is important to know that even if your loved one has already lost their battle with mesothelioma, you may still have the right to file a claim.
Some Key Wisconsin Asbestos Exposure Lawsuits
A key Wisconsin asbestos exposure lawsuit was the 2002 case of Anderson v. Combustion Engineering, Inc. The case involved a machinist whose job site was close to a boiler at the Oak Creek Power Plant manufactured by Combustion Engineering. His work exposed him to asbestos over a period of many years. The man died from malignant mesothelioma in 1998, and his widow named Combustion Engineering and other defendants in a wrongful death suit.
The Wisconsin Court of Appeals affirmed the eventual pro-plaintiff judgment. The jury in the lower court case found the defendant 29 percent responsible for the lung cancer that killed the machinist. The appeals court rejected the defense’s claim that there was not enough expert evidence to connect the asbestos in the boilers to the deceased’s asbestos cancer.
Under Wisconsin law, however, it is acceptable for juries to draw reasonable inferences from expert testimony even if it appears that the jury’s conclusions based on those inferences would require proof by more specialized expert testimony. The court of appeals also rejected the defendant’s claim that the plaintiff was obligated to present some sort of diary of activities and exposures to asbestos. Finally, the higher court ruled that the defense failed to the supply solid arguments as to its belief that the jury was wrong to assess its liability at 29 percent, and it affirmed the original judgment for the plaintiff.
Another key asbestos exposure case in Wisconsin involved the estate of Barbara Clarke, which brought suit against 44 corporations for over $700,000. The case stemmed from the fact that Clarke was alleged to have suffered asbestos exposure in her place of employment between 1961 and 1965. The estate also alleged that Clarke was exposed to the carcinogen while completing home renovations and car work. The defendants included John Crane, Ford Motor Co. and General Motors. They were accused of using asbestos in their products in spite of knowing about its harmful effects and about the availability of safer alternatives, not providing warnings to people working around or with asbestos, and failing to perform testing to determine the extent of asbestos hazards to workers.