Although many people seem to think that the law is black and white, this couldnâ€™t be further from the truth. Cases dealing with an asbestos mesothelioma lawsuit tend to be in the gray area.
â€œWhen it comes to handling an asbestos mesothelioma lawsuit there is way more to it than initially meets the eye. It could be litigated as a wrongful death action even though it may also be a product liability case,â€ said Robert Webb of Webb & D’Orazio in Marietta, Georgia.
â€œWhat we refer to as a â€˜classicâ€™ mesothelioma case is where the plaintiff submits that they have contracted cancer due to the fact that they worked in an area where they were continuously exposed to asbestos,â€ Webb explained. â€œThe thing here is that claims laid against the makers of the asbestos would be based on product liability law. Claims against the employer would be based on negligence,â€ he added. What happens in instances like this is that the attorney needs to frame the case using both product liability law and negligence.
Mesothelioma is the result of breathing in asbestos fibers over a period of years. Doing so leads to asbestosis, lung scarring and eventually lung cancer. While asbestos is considered to be a miracle fiber, itâ€™s taken its toll on human life over the years it has been in use.
â€œThe other issue that generally comes into play here is that a mesothelioma action may also be considered to be a wrongful death lawsuit. I say â€˜may also be considered a wrongful death suitâ€™ because this particular form of cancer is very difficult to diagnose,â€ said Webb. Because it is so difficult to diagnose, it means that most people donâ€™t find out they have it until it has advanced too far to be able to do anything about it. In many cases, those who have been diagnosed have very little time left to live.
â€œWhen it comes to situations like that, the family needs to act quickly to contact a skilled attorney. Even though they may feel it is one of the last things on their mind, it is a way to be able to recover damages for the pain and suffering of the patient diagnosed with mesothelioma. Unfortunately, many of these victims donâ€™t live to see their successful verdict, but their families are financially secure as a result of the case having been filed in time to beat the statute of limitations,â€ explained Robert Webb of Webb & D’Orazio in Marietta, Georgia.
No matter if the case is framed as a wrongful death suit, negligence or product liability or all three, the end result is that the courts allow the lawsuit to proceed. In most instances, the defendants do not escape responsibility because the plaintiff dies during the trial.
To learn more, visit http://www.webbdorazio.com.
Webb & Dâ€™Orazio are Atlanta personal injury lawyers practicing personal injury lawyer, business law, and criminal defense in Atlanta Georgia.