In recent New Jersey legal news, a $2.4 million win came in for the family of a man who died of mesothelioma after being exposed to asbestos at the factory where he worked. This is especially big news because it involved the New Jersey Supreme Court reversing the previous decision of the Appellate Division, stating that the Appellate court made an incorrect ruling.
I’ll tell you more below, and apprise you of your rights if you are diagnosed with mesothelioma after being exposed to asbestos at your workplace. If you or a loved one is suffering from mesothelioma, don’t hesitate to reach out to the New York mesothelioma lawyers at Buttafuoco & Associates for a clearer understanding of your rights in a mesothelioma lawsuit.
Mesothelioma Lawsuits and Asbestos Exposure
The lawsuit in question involved the case of Willis Edenfield, who developed and died from mesothelioma after working in an adhesive factory where he was exposed to asbestos for four decades. In 2019, his wife, Thomasenia Fowler, was awarded a $2.38 million at trial.
Shortly thereafter, Union Carbide Corporation, the company that manufactured the asbestos, appealed the decision, stating that it was not their, but the employer’s responsibility to warn workers of the dangers involved in working with asbestos.
The Appellate Court then reversed the original verdict, stating that the trial judge had ruled erroneously. The case was appealed again by the victim, and the New Jersey Supreme Court rejected the Appellate Court’s decision by a 3-1 margin. In a nutshell, they stated that manufacturers cannot shove off the entire responsibility to notify workers of the dangers of asbestos onto employers.
Ultimately, the court determined that Union Carbide had not given proper warnings of the dangers of asbestos exposure at the victim’s workplace. Even if they had, the court said, they would still be liable for the man’s death.
The New Jersey Association for Justice described the decision as a landmark, as it protects workers and their right to be notified of the risks of dangerous products so they can make good decisions for their health.
It is great news that victims rights continue to be protected when companies abuse their power and fail to warn about the fatal consequences of using their products. As you can see from the case above, if you or a family member is suffering from mesothelioma after working with asbestos, you may well be eligible to file a mesothelioma lawsuit.
A Northern New Jersey asbestos attorney at Buttafuoco & Associates will fight for your rights by helping you file a mesothelioma lawsuit so you can recover the compensation you deserve. For a free consultation to determine whether you are eligible to file an asbestos lawsuit, get in touch at 1-800-NOW-HURT.
Asbestos and Factory Workers: When Can You File a Mesothelioma Lawsuit?
Mesothelioma is an unfortunately common diagnosis among factory workers, as their duties often involve exposure to dangerous substances like asbestos. Many factory workers produce materials as part of their jobs, turning raw (and often dangerous) substances into asbestos containing products. They often suffer asbestos exposure after working with machines that contain asbestos, and are diagnosed with mesothelioma as a consequence.
This occurs when the lethal substance breaks down and turns into toxic dust, which employees then inhale. Grinding machines, belt drives, transportation belts, construction materials (such as brick, drywall, and tile), and conveying systems also often contain asbestos. As it breaks down, it enters the air, resulting in dangerous asbestos exposure.
Mesothelioma lawsuits make the case that a specific asbestos-containing product caused your disease.
Indirect Exposure to Asbestos
Even those who don’t work directly with asbestos-containing machines or materials can be harmed. For example, walking through manufacturing areas, working in offices near production lines, or interacting with co-workers who worked directly with asbestos could all result in a mesothelioma diagnosis.
Even family members of those who work near asbestos are at risk, as the small particles can be transported in hair and clothing. In this case, not only is the person who worked in the factory eligible to file a mesothelioma lawsuit, but so is their family member.
Even if one of your loved ones dies from mesothelioma, you may be compensated through a wrongful death lawsuit. Because the personal injury lawsuit process can be complicated and there are many types of mesothelioma lawsuits, working with a law firm is often in your best interest.
Filing a Mesothelioma Lawsuit
Asbestos lawsuits can be tricky, as victims must prove that their asbestos exposure was due to a specific product in their workplace, and that this specific exposure caused their mesothelioma. To prove it, the testimony of medical experts is often involved.
At Buttafuoco & Associates, our mesothelioma lawyers serving New Jersey often work for victims through what are known as mass torts. In these cases, evidence from many victims diagnosed with mesothelioma after using the same product is compiled and the cases are argued in a single court.
Financial compensation for a mesothelioma settlement is tiered based on how serious a victim’s disease is. Some victims and their families will recover more than others, especially if their disease is serious.
The benefits of mass tort cases are in the numbers: when many people develop mesothelioma after exposure to a specific product, it holds more weight in court. These cases also go more quickly than individual lawsuits, which can take decades to complete.
If you have been exposed to asbestos and have mesothelioma, a helpful first course of action may be to consult with a mesothelioma attorney in Northern New Jersey. They can help you discover whether you are eligible to file a lawsuit.
Buttafuoco & Associates is committed to holding companies accountable for their egregious actions and protecting victims’ rights by getting them the financial compensation they deserve. There can be a statute of limitations for personal injury lawsuits, so it’s best to act quickly.
Get in touch today for a free consultation at 1-800-NOW-HURT.