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Filing an Asbestos Lawsuit in Pennsylvania

By: Anapol Weiss

Asbestos is a naturally mined mineral used for a multitude of industrial, commercial and residential purposes related to heat resistance and insulation for nearly 100 years. When airborne asbestos fibers reach a person’s lungs, they can cause scarring, fibrosis, and lung restriction and impairment. These fibers can result in the development of cancers including mesothelioma, which is virtually always fatal regardless of treatment.

Overwhelming evidence shows that asbestos suppliers knew about the potentially deadly effects of asbestos but continued to sell their products. Filing an asbestos lawsuit not only allows victims to seek compensation for their injuries, but it also holds the companies accountable for knowingly exposing people to the deadly dangers of asbestos.

Product Identification, Exposure History, and Medical Records

In Pennsylvania, victims must identify the asbestos-containing products’ manufacturer(s) by name, year and location. Victims also typically offer testimony attesting to their exposure to a specific asbestos product, at a specific job site, over a protracted period of time. His or her medical condition must be confirmed by medical examination, pulmonary tests, x-rays and pathology performed by board certified experts.

The Two Components of an Asbestos Claim

Asbestos claims have two essential components. First, the plaintiff can seek compensation against non-bankrupt suppliers of the asbestos containing products to which they were exposed. Victims can also file a claim against various bankruptcy trusts established pursuant to federal law to protect the interests of many of the asbestos suppliers.

Identifying the correct trust for a particular individual is complex and requires expertise in the asbestos worker’s occupational history, knowledge of the asbestos products and their use, awareness of the bankruptcy court rules and procedures, and extensive medical and product exposure documentation.

Mesothelioma and other asbestos-related diseases are devastating, and obtaining justice and compensation involves an extremely complex legal process. It’s important that victims and their families seek representation by a law firm with a track record of success with these types of cases.

If you or a loved one was diagnosed with mesothelioma or another asbestos-related illness, we can help. Contact our firm today for assistance.