What is Mesothelioma?

Mesothelioma is a rare and aggressive form of cancer that develops in the mesothelium, which is the thin lining that surrounds certain organs within the body. Most commonly, mesothelioma affects the lining of the lungs, though in some cases, it may also affect the abdomen, heart, or other areas of the body as well. Unfortunately, mesothelioma is most often associated with exposure to asbestos, which is a mineral that was used throughout the United States for decades in construction materials, industrial products, insulation, and various other applications because it was considered heat-resistant and durable.

One of the most troubling aspects of mesothelioma is that symptoms often do not appear until decades after the initial exposure occurred. In fact, many people who are diagnosed with mesothelioma today were exposed to asbestos 20, 30, or even 40 years ago while working certain jobs or spending time in buildings that contained asbestos products. Some common symptoms of mesothelioma are as follows:

• Persistent coughing
• Chest pain
• Difficulty breathing
• Fatigue
• Unexplained weight loss
• Abdominal pain or swelling
• Fluid buildup around the lungs

How Do People Develop Mesothelioma?

Generally speaking, mesothelioma develops after a person inhales or ingests asbestos fibers. These fibers are extremely small, and once they enter the body, they can remain there for years. Over time, the fibers may cause inflammation and damage to surrounding tissue, eventually resulting in mesothelioma or other asbestos-related illnesses.

For many people throughout New Jersey, asbestos exposure occurred in workplace settings. This is because asbestos was widely used in industrial and commercial environments for decades, particularly before stricter regulations regarding asbestos exposure were established. Some occupations that have historically involved higher levels of asbestos exposure are as follows:

• Construction workers
• Electricians
• Shipyard workers
• Mechanics
• Pipefitters
• Factory workers
• Boiler workers
• Power plant employees
• Military veterans
• Demolition workers

New Jersey has a long industrial history, which means many older factories, commercial buildings, plants, and industrial facilities throughout Essex County and surrounding areas contained asbestos products for years. In many situations, workers were never adequately warned about the dangers associated with asbestos exposure, nor were they provided with proper protective equipment.

You should also understand that direct workplace exposure is not the only way people develop mesothelioma. In some cases, family members developed mesothelioma after being exposed to asbestos fibers that were unknowingly carried home on a worker’s clothing, shoes, equipment, or tools. This is often referred to as secondary asbestos exposure.

Additionally, individuals have sometimes been exposed during home renovations or repair projects involving older materials containing asbestos. Disturbing insulation, tiles, pipes, ceiling materials, or other asbestos-containing products may release dangerous fibers into the air.

Do I Have a Valid Mesothelioma Lawsuit?

If you have been diagnosed with mesothelioma after asbestos exposure, there is a reasonable chance that you may have a valid legal claim. That being said, every case is different, and determining whether you have a lawsuit will depend on several factors, including where the exposure occurred, which companies or individuals may have been responsible, and whether sufficient evidence exists connecting your diagnosis to that exposure.

Mesothelioma lawsuits are generally based on allegations that manufacturers, employers, contractors, property owners, or other parties failed to properly warn people about asbestos dangers or otherwise failed to take reasonable steps to protect workers and the public from exposure. To pursue a mesothelioma lawsuit, several forms of evidence are often important, including the following:

• Medical records confirming the diagnosis
• Pathology reports
• Employment history
• Documentation regarding asbestos exposure
• Witness testimony
• Worksite records
• Product identification evidence
• Expert medical opinions

Depending on the circumstances of your case, compensation in a mesothelioma lawsuit may potentially include damages for:

• Medical bills
• Lost wages
• Reduced future earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Future medical treatment
• Funeral expenses in wrongful death cases

You should also note that many asbestos exposure cases involve multiple potentially liable parties. This is because individuals were frequently exposed to asbestos products manufactured by different companies over the course of many years and across several different jobsites.

Additionally, some asbestos manufacturers later established asbestos trust funds after filing for bankruptcy protection. In certain situations, individuals diagnosed with mesothelioma may be eligible to pursue compensation through these trust funds as well.

If you lost a loved one to mesothelioma, you may also have grounds to pursue a wrongful death claim under New Jersey law. These claims are generally brought by surviving family members or representatives of the deceased person’s estate.

How Long Do I Have to File a Mesothelioma Lawsuit in New Jersey?

Like all personal injury claims, mesothelioma lawsuits are subject to filing deadlines under New Jersey law. These deadlines are known as statutes of limitations. If you fail to file your lawsuit within the applicable timeframe, you may lose your right to pursue compensation altogether.

Generally speaking, individuals diagnosed with mesothelioma in New Jersey will typically have two years from the date they discovered, or reasonably should have discovered, that their illness was connected to asbestos exposure to file a lawsuit. Likewise, families pursuing wrongful death claims will generally have two years from the date of death to file suit.

Mesothelioma cases are somewhat unique because symptoms often do not appear until decades after the initial asbestos exposure occurred. For this reason, New Jersey courts frequently apply what is known as the “discovery rule.” Essentially, this means that the statute of limitations generally begins when the illness is discovered, rather than when the asbestos exposure itself occurred.

However, even though mesothelioma may involve exposure that occurred many years ago, it is still important to act quickly. Over time, evidence can become more difficult to locate, companies may close, witnesses may become unavailable, and important employment or worksite records may disappear.

There are also situations where asbestos exposure occurred across multiple states or at numerous jobsites throughout a person’s career. Naturally, this can create additional legal complications regarding which state’s laws apply and which parties may potentially be held responsible.

Contact a Dedicated Essex County Mesothelioma Lawyer Today

If you have developed mesothelioma and are looking for a lawyer who can effectively represent your interests, you’ve come to the right place. Contact a skilled New Jersey mesothelioma lawyer from Berliner, Cohen, Accardi & Grossman, LLC for a free, confidential consultation today. We stand ready to effectively represent your interests, every step of the way.