What is Mesothelioma?
Mesothelioma is a type of cancer that affects the tissue lining the body’s internal organs, known as the mesothelium. This disease is almost always linked to asbestos exposure. There are three main types of mesothelioma:
- Pleural Mesothelioma: This is the most common type and affects the lining of the lungs. Symptoms include chronic breathing difficulties, chest tightness, and a persistent cough.
- Peritoneal Mesothelioma: This type impacts the lining of the abdomen. Symptoms can include abdominal pain, swelling, and loss of appetite.
- Pericardial Mesothelioma: This rare type affects the lining around the heart, causing chest pain and irregular heartbeats.
Common Sources of Asbestos Exposure
Asbestos was widely used in various industries due to its durability and resistance to heat and electricity. Common sources of asbestos exposure include:
- Insulation in homes and buildings
- Vinyl flooring and roofing shingles
- Construction materials like siding and paints
- Motor vehicle components
- Shipbuilding materials
Despite its known dangers, asbestos is not completely banned in the United States and can still be found in many places.
Health Risks Associated with Asbestos
When asbestos fibers are inhaled, they can become lodged in the lining of the lungs, leading to inflammation and, over time, causing mesothelioma. Other health risks include:
- Asbestosis: Lung damage from inhaled asbestos fibers
- Chronic obstructive pulmonary disease (COPD)
- Scarring and inflammation of the pleural tissue
Asbestos exposure is also linked to other cancers, such as lung, throat, and ovarian cancer. The precise causes of mesothelioma are unknown, but prolonged and repeated exposure to asbestos is the primary risk factor.
Legal Options for Mesothelioma Victims in Ohio
Types of Mesothelioma Claims
Victims of mesothelioma in Ohio have several legal avenues to seek compensation. These include:
- Personal Injury Claims: Filed by the patient against companies responsible for asbestos exposure.
- Wrongful Death Claims: Filed by family members if the patient has passed away due to mesothelioma.
- Asbestos Trust Fund Claims: Over $30 billion is available in trust funds for victims and their families.
Statute of Limitations in Ohio
Ohio has specific time limits for filing mesothelioma claims, known as the statute of limitations. For personal injury claims, victims have two years from the date of diagnosis to file. For wrongful death claims, families have two years from the date of the victim’s death. It’s crucial to act quickly to ensure eligibility for compensation.
Choosing the Right Mesothelioma Lawyer
Selecting an experienced mesothelioma lawyer is vital for a successful claim. Look for attorneys who specialize in asbestos-related cases and have a track record of securing significant settlements. Nationwide firms often have more resources and can travel to you, making the process easier during this challenging time.
Filing a Mesothelioma Claim in Ohio
Steps to File a Claim
Filing a mesothelioma claim in Ohio involves several steps:
- Consult a Mesothelioma Lawyer: It’s crucial to get legal advice from a lawyer who specializes in mesothelioma cases. They can guide you through the process and help you understand your rights.
- Gather Medical Records: Collect all medical documents that confirm your diagnosis and link it to asbestos exposure.
- Identify Asbestos Exposure: Determine where and how you were exposed to asbestos. This could be at work, home, or other locations.
- File the Claim: Your lawyer will help you file the claim in the appropriate court or with an asbestos trust fund.
- Await Response: After filing, you will wait for a response from the defendant or the trust fund.
Required Documentation
To file a mesothelioma claim, you will need the following documents:
- Medical Records: Proof of your mesothelioma diagnosis and treatment.
- Employment History: Documentation of your work history to show where asbestos exposure occurred.
- Witness Statements: Testimonies from coworkers or others who can confirm your exposure to asbestos.
- Financial Records: Evidence of financial losses due to your illness, such as medical bills and lost wages.
Potential Compensation
Victims of mesothelioma in Ohio may be eligible for various types of compensation, including:
- Medical Expenses: Coverage for past and future medical costs related to mesothelioma treatment.
- Lost Wages: Compensation for income lost due to inability to work.
- Pain and Suffering: Damages for physical pain and emotional distress.
- Wrongful Death: If a loved one has passed away from mesothelioma, family members may be eligible for wrongful death damages.
Filing a mesothelioma claim can be complex, but obtaining compensation for victims of asbestos exposure is possible with the right legal help.
Mesothelioma Treatment Centers in Ohio
Top Mesothelioma Specialists
Ohio is home to several renowned mesothelioma specialists. These experts provide compassionate and knowledgeable care to patients. One notable center is the OSUCCC – James at The Ohio State University, where mesothelioma experts are actively involved in both treatment and research.
Available Treatment Options
Patients in Ohio have access to a variety of treatment options, including:
- Surgery: To remove tumors.
- Chemotherapy: To kill cancer cells.
- Radiation Therapy: To target and destroy cancerous tissues.
- Clinical Trials: Offering new and experimental treatments.
Support Services for Patients
Support services are crucial for mesothelioma patients and their families. Ohio treatment centers offer:
- Counseling Services: Emotional and psychological support.
- Financial Assistance Programs: Help with medical bills and other expenses.
- Support Groups: Connecting patients and families with others facing similar challenges.
Financial Assistance and Compensation
Asbestos Trust Funds
Over $30 billion is available in asbestos trust funds. These funds were set up by companies that went bankrupt to avoid future lawsuits. Courts required these companies to set aside money so victims can get fair compensation. A Columbus mesothelioma lawyer can help determine if you are eligible to make a claim through these funds.
Workers’ Compensation Claims
Workers’ compensation is a no-fault system. This means you usually can’t sue your employer for injuries or illnesses from work. However, if your employer knowingly put you in harm’s way, you might be able to file a lawsuit. This is especially true if the employer ignored OSHA regulations about asbestos.
VA Benefits for Veterans
Veterans who were exposed to asbestos during their service might qualify for VA benefits. These benefits can help cover medical costs and other expenses. It’s important to work with a lawyer who understands the VA system to make sure you get all the benefits you deserve.
Recent Mesothelioma Verdicts and Settlements in Ohio
Notable Case Outcomes
Ohio has seen several significant mesothelioma verdicts and settlements over the years. Some of the most notable include:
- $27.5 Million in 2013: An Ohio jury awarded this amount to a man who developed mesothelioma after secondary exposure to asbestos through his father. This remains the largest asbestos verdict ever awarded in Ohio.
- $8.2 Million in 2018: A Cuyahoga County jury awarded this sum to a former electrician who died of mesothelioma after exposure to Union Carbide’s asbestos fibers.
- $1 Million in 2016: Honeywell was ordered to pay this amount to the estate of a woman who developed peritoneal mesothelioma after exposure to Bendix asbestos brakes.
Factors Influencing Verdicts
Several factors can influence the outcome of mesothelioma verdicts in Ohio:
- Extent of Asbestos Exposure: The level and duration of exposure to asbestos can significantly impact the verdict.
- Medical Evidence: Strong medical evidence linking asbestos exposure to mesothelioma is crucial.
- Defendant’s Conduct: The behavior and history of the defendant companies, including any prior knowledge of asbestos risks, play a role.
- Legal Representation: The expertise and experience of the legal team representing the victim can also affect the verdict.
How Settlements are Reached
Most mesothelioma cases in Ohio are settled out of court. The process typically involves:
- Filing a Claim: The victim or their family files a claim against the responsible parties.
- Negotiation: Both parties engage in negotiations to reach a settlement amount that compensates the victim for medical expenses, lost wages, and other damages.
- Agreement: Once an agreement is reached, the settlement is finalized, and the victim receives compensation.
While multimillion-dollar mesothelioma verdicts are not the norm in Ohio, many victims still receive substantial settlements that help cover their medical and other expenses.
