Why Mesothelioma Cases Are Different Than Other Injury Lawsuits

Mesothelioma is one of the most devastating diseases a person can suffer. Caused by asbestos, it’s an aggressive and fatal cancer that changes the lives of victims and their families. While there are some similarities to personal injury claims, mesothelioma cases are fundamentally different from typical personal injury lawsuits.

Satterley & Kelley, PLLC attorneys represent people diagnosed with mesothelioma seeking compensation for the harm they suffer. If you are in this situation, contact us at 855-385-9532 to learn more about how we can help you obtain compensation for your injury.

A Long Latency Period Makes Mesothelioma Cases Unusual

Most personal injury cases involve immediate harm. The person is injured in a car accident, a fall, or by a defective product. Mesothelioma develops decades after a person is exposed to asbestos. A victim may not develop symptoms for 20, 30, or even 50 years after inhaling or ingesting asbestos fibers.

This delay creates several legal challenges:

Victims often don’t remember every workplace, jobsite, or product they encountered
Employers or manufacturers that caused their exposure may no longer be in business
Witnesses who could confirm exposure may have retired, moved, or died
Documents related to the person’s asbestos exposure may be missing or destroyed

We understand these problems and work around them. We can piece together your exposure thanks to your statements and the documentation we’ve developed while working on thousands of asbestos cases over the years. Satterley & Kelley, PLLC mesothelioma attorneys know how to find and fit the pieces of your asbestos exposure puzzle.

Mesothelioma Lawsuits Often Involve Multiple Defendants

While most personal injury cases involve a single or a few defendants (at-fault parties), a mesothelioma case can have dozens of defendants, depending on the client’s exposure and where they worked. This is due to the facts that:

There were many companies involved in the creation, distribution, sale, and use of asbestos products
Workers could be exposed to multiple asbestos-containing products, made by different companies, at the same job site
If the client worked in the construction trade, dozens of job sites may be involved

Mesothelioma cases are legally complex for many reasons, including the fact that many parties may be liable. A defendant may deny responsibility and blame other defendants for the injury. In a car accident case, it is usually fairly certain which car collided with the plaintiff’s vehicle. In a mesothelioma case, there may be dozens of asbestos-containing products that harmed the plaintiff.

A skilled mesothelioma attorney can navigate these competing defenses and identify every possible source of compensation.

Asbestos Trust Funds Are Key Compensation Sources

Unlike typical injury cases, whose defendants may be other drivers or businesses, many responsible parties in mesothelioma cases are bankrupt corporations that ceased operating decades ago. To pay for asbestos claims, they created trust funds during the bankruptcy process.

Key differences from “ordinary” defendants and trust funds include the following:

Trust fund claims do not require a lawsuit filing
Their process is more like filing an insurance claim than litigation
Each trust has its own rules, evidence requirements, and payment amounts
Victims may file claims with multiple trusts depending on their exposure history

Few other personal injury cases involve this added layer of complication. Trust fund claims may be combined with litigation against companies that are still in business.

Mesothelioma Requires Medical Evidence of a Chronic Condition, Not a Traumatic Injury

The medical evidence needed to prove a claim differs from a typical injury case. A plaintiff with mesothelioma must show:

A confirmed mesothelioma diagnosis by a qualified specialist
Medical imaging, pathology, and biopsy results

Kentucky’s statute of limitations (the deadline to file a legal claim) is one year from the injury or from the time the plaintiff is diagnosed with mesothelioma or, in the exercise of reasonable care, should have been discovered.

Though there can be a long delay in an injury being diagnosed after an accident, it’s not usually the case. In a mesothelioma case, a defendant may claim a plaintiff’s case should be dismissed because, given their symptoms, they should have used reasonable care in protecting their health, and been more aggressive in getting treatment, which would’ve resulted in a mesothelioma diagnosis more than a year before their case was filed.

The Potential Recovery in Mesothelioma Cases Are Often Far Greater

How much someone receives for a successful legal claim depends on many issues. Liability (or the legal obligation to pay compensation) must be proven. After that hurdle is overcome, damages (the harm to the person measured in dollars) must be proven before compensation can be awarded.

Unless a personal injury case involves a severe, chronic disability caused by the accident, or the death of a loved one, a mesothelioma case will probably result in a higher damages award. Generally, accidents don’t result in the level of harm that mesothelioma causes, so compensation is less.

Mesothelioma is a painful, life-draining, fatal disease. It not only kills the person, but it does so in a way that causes progressive limitations, worsening symptoms, emotional, and psychological harm. Treatment is generally highly toxic with severe side effects.

How an Experienced Mesothelioma Attorney Makes a Difference

Many attorneys, including those at Satterley & Kelley, PLLC, represent injury victims in accident cases. We also help those with asbestos-related diseases obtain compensation. We work on both types of cases and know the differences.

If you or a loved one has mesothelioma, you should retain an attorney experienced with these cases because they’re complex and far from ordinary. You don’t want to use an attorney who will learn while working on your case. Given our long track record of success, you can trust us with your mesothelioma claim so you can focus on making the most of your life.

Call Us Today for a Free Consultation

Satterley & Kelley, PLLC attorneys are your boots on the ground if you or a family member in Kentucky suffers from mesothelioma or another asbestos-related illness. To reach our Louisville office, call 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form to schedule a free initial consultation.