No one wants to suffer through this terrible disease, and no one wants to watch a loved one suffer through it either. Yet, the horrific greed of asbestos companies has left a tragic legacy – as many as 3000 victims and families have to deal with a mesothelioma diagnosis every year in the United States.

The emotional and financial toll on the family is often put on the back burner as treatment options are explored and initiated. Wives and husbands have to put their lives on hold as they care for those they love, take them to treatments, feed, bathe, and medicate them. Their own needs are often forgotten until exhaustion hits.

Add to this the emotional pain of watching one of the people you love most in this world go through such agony and despair. Many spouses we’ve spoken to say they’d rather have the disease themselves than watch the love of their life suffer so much.

On top of all of this, most families feel tremendous financial strain as they try to pay for medical bills following treatment. A person must put their last wishes and finances in order, and this typically involves legal expenses. Income from work ceases. Then, after their loved one passes, a family must find a way to pay for a funeral and burial or cremation expenses.

Right away and for the rest of their lives, the loss of the victim is felt sharply. In legal terms, this is called loss of companionship. In reality, people must learn to live without someone they’ve shared their life with for decades.

All of these factors create what is often an overwhelming strain on spouses and family members of the victim. Deep anxiety and depression can occur.

That’s why we believe that families need support during this time as well. There is a comprehensive list of caregiver resources available here that we hope will make this situation just a bit easier. Contact us for a free mesothelioma information guide that includes tips for keeping yourself healthy, dealing with the emotional strain, how to care for your loved one, keeping documents organized, and much more.

Illinois Plants and Industry

Illinois is considered to be the industrial epicenter of the Midwest. Chicago is especially notable for its strong ties to the steel and automotive industries. Within these manufacturing plants, asbestos was widely used for its insulation and fire-resistant properties. At Ford and General Motors manufacturing plants, asbestos was used in vehicle products such as brake pads.

Steel mills such as Inland Steel, Republic Steel, and Interlake Steel have also been linked to a heightened risk of asbestos exposure. Illinois oil refineries have been linked to mesothelioma as well, with notable employers that include Shell Oil, Sinclair, and Mobil.

Illinois Vermiculite Processing

W.R. Grace and Company is one of the most notorious companies when it comes to asbestos exposure. The company, which operated an asbestos mine in Libby, Montana, has undergone several federal trials concerning long-term negligence and cover-ups related to unsafe exposure to asbestos.

From 1974 to the 1990s, W.R. Grace shipped asbestos-contaminated vermiculite to a plant in West Chicago for processing. Due to the high amounts of asbestos fiber that were released into the air during processing, this region of West Chicago has been deemed an EPA Superfund site by the U.S. government. Both employees of the plant and those living in the surrounding area may have been exposed to high levels of asbestos.

Mesothelioma in Illinois

Mesothelioma lawyers at Simon, Eddins & Greenstone, LLP have significant experience when it comes to asbestos-related lawsuits in Illinois. Our mesothelioma attorneys have filed petitions in a number of high-risk Illinois regions, including Cook County, Grundy County and Madison County.

Illinois is bound by a number of unique mesothelioma state laws that require considerable knowledge and expertise. Contact us today to find out how our mesothelioma lawyers can help with your Illinois asbestos lawsuit.

Georgia Plants and Industry

A number of heavy industry employers in Georgia have been identified as known sites of elevated asbestos exposure. Industrialized cities and towns such as Macon, Rome, Cartersville and Waynesboro and others are at an especially high risk. Notable Georgia employers that have been linked to mesothelioma include, but are not limited to:

• United States Army Base, Fort Benning
• Georgia-Pacific (several locations)
• Atlanta Journal Building, Atlanta
• Bowen Power Plant, Cartersville
• Kraft Power Plant, Port Wentworth
• Scherer Power Plant, Macon
• Young Refining, Douglasville
• Valdosta Tannery, Valdosta
• Vogtle Plant, Waynesboro

Naturally Occurring Asbestos in Georgia

Georgia is home to an unusually high number of areas that contain naturally occurring asbestos. The U.S. Geological Survey has documented 52 unique areas in the state that have large deposits of the fiber. The majority of these deposits are found in the northern region of Georgia, along the state’s border with North Carolina. Citizens living around these regions, particularly those near dormant asbestos mines, may be at an increased risk for unsafe asbestos exposure.

Mesothelioma in Georgia

Negligence of Georgia employers and mining companies is often the root cause of mesothelioma in the state. The team of mesothelioma lawyers at Simon, Eddins & Greenstone, LLP has extensive experience in Georgia law and litigation.

Our mesothelioma attorneys have filed petitions on behalf of Georgia residents in areas such as Fulton County. For examples of our successful track record with mesothelioma litigation, please view our featured cases and verdicts.

What many people may not realize is that asbestos was also widely used in homes, schools, and consumer products such as toasters, curling irons, and hairdryers. Teachers and hairdressers are among those diagnosed with mesothelioma. A percentage of victims were exposed to asbestos when their childhood homes were renovated. Children were also exposed at school. Housewives received secondary exposure when their husbands unknowingly tracked asbestos home on their clothes.

Most people living in the United States during the years of widespread asbestos use have likely had some level of asbestos exposure. Various federal and state regulatory boards have stated that there is no safe level of asbestos exposure. That does not mean every one exposed will develop mesothelioma or everyone living during that time should be overly worried about mesothelioma.

What it does mean is if you know you were exposed to asbestos, you should contact your physician as soon as possible to discuss your exposure and possible mesothelioma screenings. If you have developed mesothelioma but are unsure when or where you were exposed, our mesothelioma lawyers may be able to help.

Frequently, the plaintiff in a mesothelioma lawsuit will be offered a settlement. Many asbestos companies have already lost numerous lawsuits and are aware that they have a shaky or inadequate defense. To try to limit their losses, they may attempt to settle the case for less than they think they will have to pay if a jury finds against them.

Some companies have gone bankrupt and lawsuits with merit filed against them can only be settled and paid out at set levels from a fund. It is also sometimes the case that asbestos manufacturers or employers will try to settle a case in order to limit publicity that may scar their company’s reputation.

Some mesothelioma attorneys are much more experienced at reaching settlements than they are at bringing a case to trial. If your attorney falls into that group, they may encourage you to settle rather than try your case; this can have both benefits and drawbacks depending on the specific details of your case.

There are also numerous other factors that might make a defendant try to settle.

Benefits of Settling Your Case

All cases are different, and you should always discuss your options with your mesothelioma lawyer. However, there are some benefits that may generally apply to settling a lawsuit:

1. Lawsuits can take months or even years to complete. A settlement can frequently resolve the issue in less time, although that isn’t always the case.
2. Mesothelioma victims can be too sick to participate or would rather spend the precious time they have left with family. A settlement offers them an alternative to court proceedings and typically takes less of their time.
3. Accepting a settlement means you usually can be confident you will receive a certain agreed on amount of money. If you take your case to court, the outcome of your case is uncertain until the jury finds. If you lose, you will not receive anything.

Benefits of Trying Your Case

As experienced mesothelioma trial attorneys, we know firsthand the benefits many of our clients have seen from trying their case. Again, these are generalizations and may or may not apply to your specific lawsuit:

1. You have the satisfaction of having your day in court. You can face those you believe to be responsible for your or your family member’s asbestos exposure and show them the pain they have caused.
2. Settlements can be confidential, and the defendant may specify that the plaintiff is not allowed to disclose the settlement occurred or the amount. This is a way for defendants to avoid public responsibility and guilt that could lead to future losses. If you want the defendant to be publicly found responsible, the courtroom is typically the best way to do that, if the jury finds in the plaintiff’s favor.
3. Jury awards can be more than is offered in a settlement. It is also possible that they are less, or that the jury finds in favor of the defendant and the plaintiff ends up with nothing. The outcome depends on the details of your case.
4. Evidence presented in court could help other mesothelioma cases. This information goes on public record and can be used in other lawsuits.

Discuss Your Case with a Mesothelioma Lawyer

While this blog is meant to help you understand the typical or general benefits of settling and trying your case, it is not a substitute for an attorney’s informed and experienced counsel. Be sure to discuss the benefits and drawbacks of a trial and a settlement, as they specifically apply to your case, with your lawyer.

Can a Family Member File?

If the mesothelioma victim has passed away, it is possible for a family member, such as a spouse or child, to file a lawsuit.

Can a Non-Family Member File?

If the mesothelioma victim has passed away, the executor of the deceased’s estate, even if not a family member, may also file.

What about Secondhand Asbestos Exposure Victims?

Tragically, many people that worked around asbestos unknowingly carried asbestos home on their clothes, shoes, or in their hair – and exposed members of their household. Some of those people exposed to secondhand asbestos have developed mesothelioma.

If you didn’t work directly in an asbestos environment but a member of your household did and you believe it was that secondhand asbestos exposure that caused your mesothelioma, you may have grounds for filing a mesothelioma lawsuit.

Don’t Wait!

Our mesothelioma lawyers have all-too-often been contacted by parties wishing to file lawsuits for mesothelioma cases that were diagnosed 5 or even 10 years ago. All states carry a statute of limitations for filing a mesothelioma case. What this means, in most states, is that you have only a certain period of time after being diagnosed with mesothelioma to file a lawsuit. In many states, this period is only two years, but varies by state.

If you or a family member has been diagnosed with mesothelioma or if you are the executor of a mesothelioma victim’s estate, it is extremely important that you contact a mesothelioma attorney right away to discuss your rights for financial compensation to assist with medical bills, lost wages and benefits, and other losses.

1. Tort Reform – A Brief Intro
2. What is Tort Reform?
3. Tort Law is Protected by the Constitution
4. The Case Against Tort Reform
5. Follow the Money
6. Do You Buy the Propaganda?
7. Thoughts on the McDonald’s Hot Coffee Case
8. Corporate Checks and Balances
9. Do Damage Caps Make “Cents?”
10. Choosing a State Advantageous to Your Mesothelioma Case
11. How You Can Fight Tort Reform
    (this post that you are reading)

Now that you understand what tort reform really is, who is behind it, who has the most to lose from it, and how it will affect your mesothelioma case, you are prepared to join plaintiff and consumer advocacy groups, plaintiff attorney associations, and a nationwide grassroots movement of individuals in the fight against tort reform.

Here are a Few Things You Can Do To Get Involved

Visit plaintiff and consumer advocacy websites to learn more:

• American Association for Justice
• Texas Trial Lawyers Association
• Public Justice

Contact lawmakers and let them know you don’t support tort reform:

• Contact your senator
• Write your congressman in the U.S. House of Representatives
• Inform your state governor
• Connect with state and local officials

Contact Simon, Eddins and Greenstone, LLP.

Our mesothelioma lawyers have worked closely with advocacy groups in Texas to fight tort reform here. We’re also knowledgeable about nationwide tort reform efforts.

If you’re concerned about how tort reform could affect your mesothelioma case, contact us today using our convenient web form or by calling 866-632-7574.

Together, We Can Fight Tort Reform!

What does this mean for mesothelioma plaintiffs? Depending on the state you live in, tort reform can have a weighty effect on your mesothelioma case.

Your Mesothelioma Attorney will Review your State Options

Your asbestos exposure may have occurred in the state you’ve lived and worked in all your life. If that’s the case, you are most likely limited to trying your case in only that state. However, if you were exposed to asbestos in one or more states, and those states are not the ones you’re currently living in, you probably have more options.

Our mesothelioma attorneys will review the list of states you’re eligible to file in, and compare that data against those states’ tort laws, mesothelioma award histories, and more to determine the state that will likely be most advantageous to your case. Actual results depend on the details of your case.

A National Presence in Mesothelioma Lawsuits

Most mesothelioma lawyers are licensed and experienced in only one state. For cases that have options on where to file, working with a mesothelioma lawyer firm with national experience is essential.

The reason for this is that tort laws vary greatly from state to state. You want mesothelioma representation in the state most advantageous to your case, and you want the attorney representing you there to be familiar with that state’s laws, legal precedents, and award history.

Simon, Eddins & Greenstone, LLP is one of only a few firms in the country with nationwide experience trying asbestos exposure and mesothelioma cases. Where you file can make a big difference. Before you sign with a firm, be sure they have the experience and license to represent you in the state you prefer.

Call us today to review your exposure and where you are able to file. 866-632-7574.

Essentially, what damage caps do is to say, “No matter the details of your case or the gross and willful neglect of the defendant, the cap overrides the ability of a jury to assign a fair and appropriate award.”

As mesothelioma lawyers, we strongly believe that a jury is best suited to determine a fair award. How can lawmakers make across the board decisions about cases they’ve never heard?

We’ve seen damage caps that do nothing more than give defendants a slap on the wrist and leave victims with overwhelming physical, emotional, and financial loss.

Unfortunately, a lot of Americans think they support tort reform until they become victims. Then, they regret their support. More Americans need to hear their stories.

So we’re opening up this blog post to your stories. How have damage caps affected your case? How did they leave you with the burden of the defendant’s irresponsibility? What was covered and what wasn’t that should have been?

Make sure your story is heard!

As mesothelioma lawyers, we’re more acquainted with corporate wrongdoing than the average citizen. We fight for our clients as they go up against multimillion or even multibillion dollar corporations that have spent a lot of money to cover their tracks.

We’ve also noted that many of the corporations get away with the fraud, environmental pollution, and toxic products they make big bucks on because they’ve been able to get past regulatory organizations that are there to protect us – by many different means, legal and illegal.

Cost Benefit Analyses

One of the most callous tactics done by companies such as some of those that produced asbestos products in the 20th century is the cost benefit analysis. Basically, companies add up the money they think they’ll be able to earn from selling dangerous products over a set period of time, and then compare that against:

How many people will be hurt by their products → the percent of those hurt that will file a lawsuit against them → how much they’ll have to pay in settlement and jury awards.

If, after their analysis, they estimate that they’d still make a significant profit, they proceeded with selling the deadly asbestos product. This tactic is not limited to asbestos companies and is widespread.

Using tort reform, like-minded companies have recently attempted to get very small damage caps, seriously limited statutes of limitations, and nearly impossible causation standards passed to further decrease their lawsuit costs and expect higher profits. If they can expect higher than ever profits because of tort reform, they will show even less hesitation with putting dangerous products on the market.

What Keeps Corporate Wrongdoing in Check?

If regulatory boards and organizations can be bribed and are subject to corruption, and big corporations have and will again sell toxic and dangerous products based on a heartless cost benefit analysis, it is easy to understand why Americans despair.

But there is something that can keep corporate wrongdoing in check. It’s what has always been the most significant deterrent for corporations, and it’s what tort reform is trying to bring to an end: lawsuits that hit the makers of products such as asbestos, benzene, hexavalent chromium, silicone breast implants and the Dalkon Shield where it hurts most: their profits.

Historically, lawsuits and whistleblowers have forced corporations to change their ways: think Erin Brockovich, Karen Silkwood, Sharon Watkins, etc. These companies do not want their dirty deeds brought to the public’s attention and they don’t want to have to pay a large share of their profits for lawsuits.

That’s why we mesothelioma attorneys have joined with other lawyers, consumer advocate groups, grassroots organizations and U.S. citizens to fight tort reform. Corporate greed doesn’t need any encouragement, and that’s exactly what tort reform does—make it easier for them to make big money while hurting more people.

Fight with us to keep the checks and balances in place!

Those emails were slanted to support their agenda and did not truthfully report what happened to Ms. Liebeck, the elderly injured woman. Here’s what they might not have told you:

• She received third degree burns to her inner thighs, genitals, and buttocks.
• She was in the hospital for eight days. She had to have skin grafts and burned tissue surgically removed.
• The coffee was 185 degrees. Testimony by McDonald’s quality assurance manager indicated that they knew a burn hazard was present above 140 degrees, yet they chose to keep it 45 degrees hotter.
• McDonalds own records indicate more than 700 people claimed they were burned by their coffee between 1982 and 1993, some third degree burns, and still the company refused to lower the temperature.
• Ms. Liebeck originally tried to settle her claim with McDonalds for $20,000, but they refused.
• A jury assigned her 20% responsibility for the injury because she spilled the coffee.
• The judge said that McDonalds conduct was reckless, willful, and callous.

And what about those millions of dollars she received? Fiction. She was awarded $160,000 in compensatory damages. For punitive damages she was first awarded $2.7 million, the equivalent of two days of McDonalds coffee sales, but it was reduced to $480,000. After the verdict, Ms. Liebeck and McDonalds reached a settlement.

Do big corporations need to be held financially responsible for their reckless, willful, and callous actions when those actions harm someone? Are financial awards one of the few and most effective ways to hold those corporations responsible? As mesothelioma attorneys fighting for the rights of our clients, we strongly say “YES!”

If you or a loved one has developed mesothelioma from the negligence of an asbestos company, you have a right to seek compensation, just as Ms. Liebeck did. Contact our experienced mesothelioma lawyers today for a free consultation.

As mesothelioma attorneys passionate in the fight against tort reform, we believe you have the right to know fact from fiction. Let’s take a look at what you may have heard and see if the evidence supports the claims.

Propaganda: People are “lawsuit happy” and the increased numbers of frivolous lawsuits are costing taxpayers big money because the court system must try all of them.
This is false. In fact, the Justice Department reported that between the years 1985 and 2003, the number of tort lawsuits decided by a judge or jury in U.S. District Courts fell 79%.

The real reason for this drop is that the courts already had a solid system in place (before tort reform) to weed out frivolous lawsuits; and judges have the power to proceed with only those cases that have merit. Tort reform seriously limits an individual’s right to bring a meritorious case and does nothing significant to decrease frivolous lawsuits.

Propaganda: Tort reform is necessary to bring down the cost of insurance premiums.
This is false as well. Insurance premiums are high, but it has much more to do with the greed of insurance companies than lawsuits. The proof is in the profit: $61.9 billion in profit was reported by the insurance industry in 2007.

While proponents of tort reform like to make the public think that damage caps will decrease premiums, Dennis Kelly, the American Insurance Association spokesman was quoted in the Chicago Tribune as saying, “We have not promised price reductions with tort reform.”

Propaganda: Tort lawsuits are making health care even more expensive and doctors are going out of business because they can’t afford the cost of malpractice insurance.
Wrong, again. According to the Government Accountability Office, access to health care has not been widely affected by medical malpractice lawsuits. In addition, the number of physicians has grown more than 40% since 1990 while the general population has only increased 18%.

Other factors have significantly contributed to the increase in the cost of health care, but medical malpractice tort cases are not among them.

Don’t buy the propaganda!

Those on the side of tort reform want you to believe that it will help you. Don’t believe it for a second. The real beneficiaries of tort reform are big corporations and big insurance companies. Most people won’t see any affect from tort reform until they try to seek compensation for a real harm done to them…and are challenged time and again by tort reforms designed to protect those that have harmed them.

Worried about how tort reform will affect your mesothelioma case?

Tort reform can limit where and when you can file a case. One of our experienced mesothelioma attorneys will personally handle your case and help you fight to protect your rights. ACT NOW to ensure that you file before your statute of limitations run out.

Don’t believe it for a second. You have been duped. But before you feel foolish, consider this: you aren’t the only one. Countless other Americans have been deceived by these seemingly grassroots organizations. In truth, they are wolves hiding in sheep’s’ clothing and our mesothelioma lawyers have seen first hand just how devious their plan is.

Who is really funding these nonprofits organizations and paying for the ads you’ve been hearing and seeing? They are membership organizations and the members are big corporations and insurance companies. These companies want to take away your right to seek fair financial compensation for the wrong they have caused you and plan to cause in the future with more dangerous products yet to be released.

It stands to reason that those with the most to gain would be the ones funding this movement. It’s not your neighbor who was a vermiculite miner and now has crackling lungs. It’s not your father who worked his whole life at a plastics plant and liked the smell of benzene until his coworker and best friend died from leukemia. It’s not your aunt who lost her uterus from an infection or a brother-in-law that can’t stop smoking even though he’s had two heart attacks. It is the kind of company that knowingly exposed America to the dangers of things like asbestos, benzene, the Dalkon Shield, and nicotine so they could make a LOT of money. It’s the kind of company that is hatching a plot to limit their financial losses from a product they know will cause horrendous loss and death twenty years from now.

Do you want to be on their team?

In truth, there are a number of problems with this reasoning:

1. Tort law is a legal specialty, and mesothelioma law is a sub-specialty of tort law. Would you trust your podiatrist to give you a heart transplant? In the same way that much of a podiatrist’s expertise has little to do with heart transplants, a family lawyer that has experience in drawing up wills, for example, will have little expertise that can be applied to a mesothelioma case.
2. The same passion that a family member or friend could bring to your case could become a liability. Strong emotion can at times interfere with reason, and sound reasoning is essential to an effective mesothelioma lawsuit.
3. You can be certain that the asbestos manufacturers and employers named as defendants in your case will spend big money to hire the most experienced mesothelioma defendant attorneys available. These attorneys will also have a list of “expert” witnesses they’ve worked with that will testify in their defense. These defendants are Goliaths and a fight against them should only be attempted by a legal team that knows how to maneuver and spot their weaknesses.
4. The cost of adequately preparing and trying a mesothelioma case can be huge—even if a friend or relative is donating their time. Coming up with the money to pay for these expenses on your own could be a huge obstacle—and if you lost your case, the burden on the family would be even greater.

Why You Should Choose a Mesothelioma Trial Attorney

1. We specialize in trying mesothelioma cases and our case history includes numerous successful verdicts in favor of our clients. (Results depend on the details of each case.) So, following our example from above, instead of bringing a podiatrist to your heart surgery, you’re bringing a heart surgeon with years of experience.
2. We’re extremely familiar with the legal reasoning and maneuvering necessary for trying a mesothelioma case. Our mesothelioma attorneys stay on top of changes to laws as well as legal precedents. But we also treat our clients with compassion and dignity. We recognize the pain and suffering your family is going through, and our support staff is dedicated to helping you through this difficult time.
3. We have the resources to take on the Goliaths of the asbestos industry. Our training, experience, relationships and financial resources are dedicated to your case, and we approach the fight with confidence.

While reducing the number of frivolous lawsuits and lowering court system costs are, indeed, good ideas, that doesn’t necessarily make tort reform the right solution to the problem.

What many proponents of tort reform fail to mention is that tort reform lowers the level of punishment for negligence or intended injurious acts. In the business world, everything is measured in dollars and cents. If there are fewer legal ramifications for manufacturing an unsafe product, then corporations would worry less about the safety of products entering the marketplace.

Corporate wrongdoing is rampant in our society. Tort law is one of the few real incentives big corporations have to produce products that are safe – if a company knows that a product it manufacturers is deadly, and that a certain percent of people that use the product will be injured and could potentially sue for millions of dollars each, they are motivated to protect themselves and therefore the consumer.

If this incentive was severely limited by tort reform, what would stop companies from going back to putting products as bad or worse than benzene, asbestos, or pharmaceuticals with deadly side effects back in production? Studies related to non-motor vehicle accidental death rates have indicated that tort reforms do, in fact, work to increase death rates.

From a medical standpoint, tort reform is often brought in the form of a statute of limitations. For example, current laws are in place that require an individual to file a claim for malpractice within two years from the date of injury. However, many individuals do not learn of the malpractice until months or years later, when the first symptoms of the unnecessary health ailment arise. By this time, tort reform limitations have made it impossible to seek legal recourse.

In the case of mesothelioma, symptoms may not manifest for decades. In order to ensure that injured parties have a fair chance at receiving compensation, many experts on the subject, including our mesothelioma attorneys, feel that tort reform should be limited as much as possible.

Look for more information about tort reform in our next post in the series.

Tort law is fundamental to our legal system. In fact, it dates back hundreds of years, even before our history as a nation. It was part of England’s Common Law and was a way for those who harmed another to be held responsible for their actions.

Then, as now, the idea wasn’t about revenge, as in “I’ll get you back for running over my toe with your wagon!” It was about making certain that if someone was injured due to negligence by another, and had to pay a doctor or could no longer work, that person wouldn’t have to sell a child into servitude or go into bankruptcy because they couldn’t pay their debts…on top of the pain and loss they had already suffered. If someone causes harm, they should do what a group of their peers thinks is necessary to repair the wrong as much as possible.

Our country’s founding fathers recognized tort law to be a fair and essential part of the government and legal system they were building, and they made certain it was provided for by writing it into the Constitution.

Corporate greed (such as you will find in the asbestos industry) has crossed every line to protect their interests, and even the United States Constitution isn’t safe. Proponents of tort reform want to limit the rights provided to you by our founding fathers so they can get richer.

Don’t give up your fundamental and constitutional right to seek compensation! Join our mesothelioma attorneys in the fight against tort reform. Write your representatives, send out emails to everyone you know, and contact organizations against tort reform to see what you can do to help.

To understand tort reform, one must understand the definition of a tort. Simply put, a tort is a non-criminal civil wrong that is caused either on purpose or through negligence. Or, to put it another way, torts are civil cases in which an act, intentional or otherwise, has caused injury (physical, mental or monetary). In such cases where a tort is committed, the injured party has the right to sue the wrongdoer for damages.

Examples of torts include medical malpractice, assault, false imprisonment, and negligence, such as in asbestos exposure cases that cause mesothelioma.

Once the definition of tort law is known, understanding tort reform becomes much easier. Tort reform is essentially any attempt to limit someone’s rights to seek redress in a court of law for a civil wrong. The most common form of tort reform is the placement of limitations on the amount that can be sought through a civil suit. For example, a particular medical malpractice case may only allow the injured party to claim a maximum of $100,000. Placing a statute of limitations on the amount of time a person has to file a claim is another example of tort reform; this particular aspect of tort reform has a significant effect on the rights of mesothelioma victims to seek financial compensation for their exposure.

In a nutshell, tort reform proponents seek to limit the liabilities of negligent and knowingly injurious parties. In fact, the strongest backers of tort reform are big corporations and big insurance companies — those with the most to lose by tort lawsuits.

The proponents claim such laws will reduce frivolous lawsuits, therefore reducing the cost consumers pay for insurance and products. As you’ll learn in an upcoming post in the series, tort reform that has already passed has done nothing to decrease the cost the average consumer pays; it’s a diversion to help protect the interests of big corporations and a cover-up to hide the fact that they’re trying to take away your rights to a trial by jury.

Tort reform takes away the rights of the victim. If you are concerned that your mesothelioma case may be affected by tort reform, please contact a SEG Law mesothelioma attorney at 1-866-632-7574.

“Tort” refers to a collection of laws that govern civil lawsuits. The proposed “reform” stems in great part from a move by large corporations to limit a plaintiff’s right to file a civil lawsuit and to limit, or “cap”, the financial award or “damages” they may receive if they win their case.

Over the next month or so, Simon, Eddins and Greenstone, LLP will be featuring a series of blogs and articles about tort reform. They will address questions such as:

• Who is backing tort reform?
• Why does tort reform benefit large corporations?
• How will my rights be changed by tort reform?
• What does this mean for mesothelioma lawsuits?
• What is SEGLaw’s opinion on tort reform?
• What efforts are being made by those who oppose tort reform?
• What are the proposed damage caps?

These are just a few of the questions our mesothelioma lawyers will discuss in the upcoming Tort Reform posts. Be sure to bookmark the SEG Blog so you stay informed on the topic, and please feel free to submit your questions or comments.

GM filed for Chapter 11 bankruptcy on June 1, 2009. According to U.S. laws related to bankruptcy, organizations that file for Chapter 11 are allowed to request that all asbestos-related liabilities be moved into a single trust. Such an outcome could potentially be disastrous for those who have suffered unhealthy asbestos products from GM products.

Presently, asbestos-related cases filed against GM total approximately $648 million. The majority of cases come from individuals who had close contact with brake pads on GM cars. Asbestos has long been a component used in brakes due to its high level of heat resistance.

If GM is successful in rolling all current claims into a single trust, claimants can expect to receive a fraction of what they would likely receive from independent trials.

Presently, the government’s plan for GM is to sell the company’s best assets off to a new corporation. The Official Committee of Unsecured Creditors, a group that includes asbestos claimants, is fighting to block the move. They are seeking to accomplish this by deeming the government sale as unconstitutional, because asbestos claimants were left out of the decision process.

As it stands now, GM is requesting that all current product liability lawsuits be admonished. Such a condition has already been granted to Chrysler as a part of their reorganization package.

This latest development in the restructuring of GM is just the latest example of how tort reform can negatively impact asbestos claimants. By enacting laws that limit a mesothelioma patient’s ability to file and collect fair compensation, the legal system is doing a grave injustice to victims.

If you are concerned that GM’s bankruptcy could affect your right to seek financial compensation for asbestos exposure and mesothelioma, schedule a free consultation with our experienced mesothelioma lawyers. Contact us today.

Manufacturers of asbestos products knew they were toxic, but hid that knowledge from their workers and from those who bought their products.  People were breathing in and swallowing the fibers, they were tracking the fibers home on their clothing and exposing their family, and they were returning back to work the next day – putting themselves at a deadly risk – without any idea of what was going to happen to them.

Asbestos product manufacturers took advantage of the fact that asbestos diseases, and in particular, mesothelioma, have a long latency period, typically not developing for decades after exposure.  This long latency period made it easier for them to cover up the effects of asbestos exposure and to continue to make a profit.

It’s tragic that mesothelioma hits anyone at any time of their life.  But at SEG Law, we’ve been especially saddened by the number of mesothelioma victims we’ve represented that were hit during the early years of their retirement.  For their entire adult lives, they worked long days, week after week, year after year, looking forward to the day they can retire and just take it easy, travel, or spend time with their grandchildren.  And then, with terrible irony, mesothelioma strikes in early retirement and wreaks havoc with their plans and lives.

Lloyd Higgins’s story follows this path.  Devastatingly, right after he retired, the day before he and his wife were due to pick up the RV they had bought to travel the country in for their retirement years, he was diagnosed with mesothelioma.  He spent the last six months of his life fighting the horrific disease, and fighting the asbestos manufacturers responsible for his exposure.  Before he passed away, he was able to give a strong deposition.  Eleven months after his death, Lloyd Higgins’s wife received a settlement for an undisclosed amount.  She received what was due to her but unfortunately she lost Lloyd because of greedy asbestos product manufacturers.

Contact SEG Law today to join Lloyd’s fight and receive compensation for your asbestos exposure.

It is believed that significantly more severe adverse reactions occur in the United States each year than are reported to the FDA.  The FDA indicates that it takes submissions to the MedWatch Online Voluntary Reporting Form into account when evaluating the number of severe adverse reactions.

SEG Law hopes that the FDA will require ibuprofen manufacturers to place warnings about the risk of SJS and TEN from using their products. We’re fighting in the courtroom to hold manufacturers of ibuprofen responsible for exposing consumers to this terrible risk without adequate warning.

Before you submit your SAR on the MedWatch form, contact us to discuss your Stevens-Johnson Syndrome or Toxic Epidermal Necrolysis case – for free and without obligation.  We’ll advise you on the legal implications of reporting your reaction.

You had a right to know the risks.  Contact us today at  1-866-632-7574.

The Navy asbestos exposure clients we’ve represented were never warned during their service that exposure causes a host of asbestos-related conditions, including the deadly disease, malignant mesothelioma.

Today, it is increasingly difficult for manufacturers to argue that they weren’t aware that asbestos was dangerous – a tactic they leaned heavily on for the first years of mesothelioma litigation.  This difficulty stems from the large number of cases throughout the country that have proven that knowledge of the danger was widespread and widely covered up throughout the industry.  We have established that manufacturers saw that they were making huge profits from their asbestos products and made the decision that profit was more important than protecting human life.

In the Navy asbestos exposure cases we’ve litigated recently, defendants have taken a different approach: blame the Navy.  During trial, they argue that it is the Navy’s fault that these men and women were exposed to asbestos. They argue that the Navy knew about the dangers of asbestos and controlled the working environment of the sailors.

In representing our clients, one of the biggest flaws our mesothelioma attorneys have demonstrated against the argument above is the fact that the Navy actually relied on the product manufacturers to warn about the dangers of the products that they made and sold to the Navy.  Navy specifications actually required manufacturers to place warnings on their products, but these companies ignored those requirements. In addition, most of these manufacturers also produced the identical products for commercial use and never warned those commercial customers about the dangers of asbestos either.  The truth is, they were negligent and didn’t warn either military users or commercial users because it would negatively impact sales.  They pretend they are the victims of the Navy’s negligence.

At SEGLaw, our extensive experience with mesothelioma cases has made us extremely familiar with the defenses typically argued by asbestos product manufacturers.  We’re also skilled in out-maneuvering unusual or new defenses these defendants desperately try to use to escape responsibility for their negligent actions.  We take great pride in the settlements we’ve negotiated and verdicts we’ve won for our clients, the real victims.

These companies sometimes try to attack our clients’ characters and accuse them of lying.  It seems they think that if they can find even the slightest flaw in a plaintiff’s character, it means that the person deserved to be exposed to dangerous products without warning and to die from mesothelioma.  What defendants don’t seem to realize is that attacking the character of a man who dedicated his life to serving his country, or accusing an upstanding citizen with a history of helping his community of lying only serve to show how desperate, underhanded, and guilty the manufacturer is.

We’ve also represented clients that have faced family problems or issues with substance abuse.  And we’ve won these clients’ cases because we’ve shown that no one is perfect and that no one deserves the painful effects and devastating loss of mesothelioma.  Juries empathized with the humanity of the plaintiffs in these cases and did not accept that an imperfect character means manufacturers had the right to expose a person to this deadly substance.

Most of these companies, with the court’s approval, form a Bankruptcy Trust. These trusts allow for current and future “legitimate” claims against the company to receive some kind of settlement.  Many factors affect how long it takes a claimant against a bankrupt company to receive a settlement, and how much that settlement might be.

Many mesothelioma victims want to know when they were exposed for a number of reasons:

1. Who else could have been unknowingly exposed?  Is my family at risk?
2. Was someone negligent in exposing me to asbestos?
3. Could this have been prevented?

An experienced mesothelioma lawyer is a great resource for tracking down your asbestos exposure.  While it’s not always possible to identify where you were exposed, your mesothelioma lawyer is familiar with a large number of asbestos workplaces, products, distributors and manufacturers and may be able to help you.

It’s also common that more than one exposure or product contributed to the development of mesothelioma.  Mesothelioma lawsuits often name multiple defendants, and the share of the negligence of each party is usually calculated in a percentage.

If you need help identifying how you were exposed to asbestos, schedule a free consultation with an experienced SEGLaw mesothelioma lawyer.

If you work in construction, in a shipyard, or in general manufacturing or industry, make certain you educate yourself about the dangers of asbestos exposure and your rights:

• Asbestos Exposure and Mesothelioma
• Asbestos Control from OSHA
• How Can Workers Protect Themselves from Asbestos Exposure? From the National Cancer Institute

If you believe you’ve been exposed to asbestos, seek medical help right away, and be sure to contact SEGLaw to discuss your rights.

1. It can take months or even years to complete the legal process for a mesothelioma case.  Sadly, the mesothelioma cure rate is very small, and the average life expectancy after diagnosis is just 8 months.  Defendants do everything they can to delay bringing the case to trial in hopes that the victim will pass away before they can give their deposition.  Without the victim as the primary witness, the case usually isn’t as strong.
2. Statue of Limitations.  The statute of limitations can range anywhere from one to two years after exposure to one or two years after diagnosis, but several factors can affect this and the statute varies from state to state.  You must file your lawsuit within the statute of limitations or you forfeit your rights to seek financial compensation for your pain and loss.

Don’t delay!  It’s vitally important you seek legal representation right away—otherwise, you could be helping the case of those who’ve caused your suffering.

We’re dedicated to skillful representation of our clients.  But we’re also committed to giving them as much support as we can as they cope with this difficult time in their lives.  We’ve become a resource our clients can tap into, and while we would never claim to give expert medical advice, expert financial advice unrelated to the case, or other unqualified help, we do try to be as useful as possible.

Here’s an example of information we can assist you with:

• Tips for seeking a second medical opinion
• Treatment options that you might not be aware of
• Support groups for coping with the disease or loss of a loved one
• Updated mesothelioma medical news and research
• Dedicated support staff that seeks to make every aspect of the trial as easy on you and your family as possible
• Organizations that may be able to help you pay medical bills until your case goes to court or settles
• A website with comprehensive information about mesothelioma, treatment, it’s toll on families and caretakers, asbestos, a financial planner, and much, much more

We also have a lot of other miscellaneous resources available, so be sure to ask.  If we don’t have an answer, we’ll like be able to direct you to someone who will.

It’s likely you wouldn’t feel comfortable having a family doctor perform your brain surgery.  In law, as in medicine, there are specialties.  You want to make certain that the lawyer you choose to represent your mesothelioma case has specialized experience with cases like yours—and that they’re willing to demonstrate this with facts about their wins, losses, trials and settlements.

Educate yourself as much as you can about mesothelioma, the legal process, and about the mesothelioma lawyers you’re considering hiring.  If you’re the one that is sick, ask a trusted friend or family member to help you make an informed decision.

Also, make sure you feel comfortable with the lawyer and their staff.  It’s likely you’ll be dealing with them for months or even years, and you want them to be patient, compassionate, and dedicated to your situation—on top of being practiced and diligent with your case.

These links will also help you make an informed decision:

5 Most Important Questions to Ask a Mesothelioma Lawyer

Mesothelioma Attorney Choices

Mesothelioma Referral and Trial Attorneys

Over the years, we’ve had the privilege of representing a number of clients who weren’t afraid to take on those they knew had done wrong and brought harm to themselves and their families.  And they doggedly pursued what they knew was right in the face of painful disease, exhausting medical treatments, and even the loss of their loved one.

Big name manufacturing conglomerates have paid a hefty price for their years of greed and negligence, and it’s the result of clients who believed right would triumph.

These firms spend big money on advertising meant to get you to sign with them.  Then, they pass you off to another firm.  Why?  They earn a referral fee, and in cases like mesothelioma, the fees can be quite large.  It is important to know whether the firm you speak with has the experience to take your case all the way through to trial.

We do receive client referrals from reputable firms that help clients find qualified and experienced legal representation.  However, overall, we recommend going directly to a mesothelioma trial lawyer as the first course of action.  And understand that companies with expensive, flashy ads and big promises may have their own financial gain as priority. Be knowledgeable and make sure the firm you choose is a firm with a track record of courtroom trial success.

1. Time—Defense lawyers know that the longer they can stall a case, the better chance they have to win.  This is because time interferes with people’s memory of facts relating to the case and gives the defendant more time to prepare.  Even more grim and malicious: corporate defense lawyers stall in hopes that the victim and/or key witnesses will die so that they can’t testify. That’s why it’s so important that victims contact us as soon as they’ve been diagnosed.
2. Attacking the Plaintiff’s character—No one should be knowingly exposed to deadly chemicals.  Yet many corporate defense lawyers try to divert the jury’s attention away from their guilt by attacking the Plaintiff.  This tactic can backfire.  One such example is the case of Steven Pelley
3. Hiring an Expert Witness—Many defense teams get “expert” witnesses to testify to support false claims that the product or substance the Plaintiff was exposed to isn’t really that harmful, that the exposure wasn’t enough to cause harm, or other such claims.

We have plenty of experience dealing with these and other tactics of corporate defense lawyers and anticipate and prepare for these underhanded methods before the trial.

1. Do you know when you were exposed?  If so, for how long and what were the circumstances?
2. Is there anyone that can corroborate your exposure?
3. Did your employer/the manufacturer warn you about the effects of exposure and/or take steps to keep you safe?
4. Have any of the companies involved been shown in other cases to have knowledge that their products were dangerous and/or have they been proven negligent?
5. What illness or disease have you developed that you believe is a result of your exposure?  Why?
6. What losses have you experienced as a result of your exposure?

In addition to these questions, there are many other things we consider when deciding if you have a case.  Even if we believe you have a strong case, we cannot make any promise or guarantee that you will win, and the law prohibits any lawyer from making such promises.

For a free consultation to discuss your case, contact us today.