The Law Office of James R. Snell Jr. September 2018

18 sept

Road to justice

www.SnellLaw.com | www.SnellInjuryLaw.com

How to Hold Manufacturers Responsible

Mesothelioma Cases

Mesothelioma is a terrible disease, one for which there is no known cure. However, unlike other forms

of cancer, there is no mystery as to how people develop it. When a

person suffers from mesothelioma, it’s because they were exposed to asbestos. That’s the only way it can be contracted.

Because the causation is so clear, mesothelioma cases operate differently than other types of workers’ compensation claims. There’s no debate about whether it was the result of negligence or ill intent on behalf of the company. In fact, when you bring a mesothelioma claim, none of the fault lies with the company you worked for. Instead, it’s about finding the manufacturers who produced the asbestos-containing materials that somebody was exposed to. As you might suspect, that involves closely inspecting the claimant’s work history to identify possible sources of exposure. There are only a handful of companies that produced the products linked to mesothelioma, so it’s often a matter of working backward to discover the link between your employer and one of these companies. Once we identify the source of exposure through a process we call “discovery,” we can begin holding companies responsible. At this point in history, any company that produced asbestos-containing products is well aware that they will be subject to mesothelioma claims. It’s part of their business model to have funds set aside to pay out victims. In the event that we find two different manufacturers who bear responsibility, they may argue over who pays how much, but there is little debate surrounding what is a fair payout. There’s so much precedence and so little room to debate that these claims almost never make it to a courtroom. Once the companies know that they are at fault, they settle in a hurry. Due to the life-changing nature of a mesothelioma diagnosis, many people don’t think that it’s worth it to initiate a claim. While I understand the desire to focus on what really matters, it’s important to note that filing a claim isn’t an intensive process for one of our clients. Yes, we’ll need to meet with you and get a knowledge of your work history, but the work is basically hands-off

“At this point in history, any company that

produced asbestos-containing products is well aware that they will be subject to mesothelioma

claims. It’s part of their business model to have funds set aside to pay out victims.”

after that. Given what a difference a settlement could make for the quality of life of a claimant and their loved ones, it’s absolutely worth pursuing.

Another trend I’ve noticed is that claimants, who are often older folks, are occasionally reticent to bring about a claim because they see it as a betrayal against their employers. As I noted above, that is not how these cases work. You won’t be taking money from your previous employer; you’ll be taking it from the responsible manufacturer. So even if somebody was exposed at the best job they’ve ever had, they shouldn’t hesitate to file a claim.

Nobody should have to suffer from a disease that should’ve been eradicated decades ago. If you or somebody you love suffers from the disease, you deserve compensation. Reach out to our office today to find out how we can help.

–Jim Snell

www.SnellLaw.com | www.SnellInjuryLaw.com | F: 800-567-6249 | P: 803-753-1476 1

www.snelllaw.com

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