Marcari, Russotto, Spencer & Balaban
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Asbestos and Mesothelioma

Experienced Asbestos Attorneys Handle Mesothelioma Claims

Aggressive pursuit of full compensation for clients in Virginia, North Carolina and South Carolina

Malignant mesothelioma is an extremely painful and deadly form of cancer linked to asbestos exposure. Because industrial use of asbestos continued even after the dangers of exposure were known, companies can be held liable for exposing workers and others to asbestos even though decades may have passed since the exposure occurred. That means mesothelioma patients and family members whose loved ones have died of mesothelioma or suffered a related illness can take legal action to recover compensation from the manufacturers involved.  Marcari, Russotto, Spencer & Balaban provides determined representation for victims of mesothelioma and their families throughout North Carolina, South Carolina, and Virginia.

Other illnesses related to asbestos exposure

  • Lung cancer
  • Throat (Esophageal, Pharyngeal, Laryngeal) cancer
  • Gastrointestinal (Stomach, Colon, Rectal, Anal, Intestinal) cancer
  • Lung conditions (Asbestosis, Pleural plaques, Pleural thickening, Asbestos on the lungs)

How to file a claim for mesothelioma

There are several options for filing a claim stemming from mesothelioma. The first step is to determine when and how you were exposed. Many workers were exposed to asbestos as part of their employment as:

  • Auto mechanics
  • Construction workers
  • Factory workers
  • Insulation manufacturers
  • Miners
  • Shipbuilding/Shipyard workers

However, even office workers might have been exposed if poor maintenance to their building exposed workers to insulation containing asbestos.

Mesothelioma is generally a result of a manufacturer’s negligence or another type of employer’s failure to warn of risks or remediate asbestos hazards. This means victims can sue for compensation to recover damages such as:

  • Medical expenses
  • Lost income
  • Pain and suffering

Family members of a victim who died from mesothelioma can sue for wrongful death.

However, there are some obstacles to suing at-fault companies. Because of the crushing liability of mesothelioma lawsuits, many asbestos manufacturers have been forced into bankruptcy. Many of these companies were required to set up trust funds for future mesothelioma victims. So, if your former employer is no longer in business, you need to determine whether it established a mesothelioma trust before submitting your claim.

Statute of limitations for mesothelioma claims

Each state sets its own deadlines for filing a claim. Because mesothelioma is very slow to develop, a patient may not have symptoms for decades, so the statutory period is not based on the date of exposure. The deadlines for the states we serve are as follows:

  • North Carolina — Three years from date of diagnosis for asbestos claim; two years from date of death for wrongful death
  • South Carolina — Three years from date of diagnosis for asbestos claim; three years from date of death for wrongful death
  • Virginia — Two years from date of diagnosis for asbestos claim; two years from date of death for wrongful death

In all cases, we recommend taking action as soon as possible after a diagnosis. This allows your attorney to develop evidence of your exposure linked to the proper source and to research where to file for compensation.

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Alternatives to a lawsuit for mesothelioma compensation

Victims of mesothelioma may be entitled to workers’ compensation benefits as a result of their exposure. These benefits can completely cover medical expenses and provide wage replacement if the disease is disabling. Veterans who were exposed to asbestos as part of their military service may be eligible for VA disability benefits. These are areas where our attorneys have a wealth of experience.

Asbestos exposure on U.S. naval ships puts veterans at risk

Because of its superior heat-resistant properties, asbestos was widely used in ship construction during the early- to mid-20th century. All classes of U.S. naval ships used asbestos as insulation around pipes, pumps, and boilers, and in other applications. To advise naval veterans about the potential scope of the problem, here is a list of aircraft carriers on which service members may have been exposed:

  • USS Abraham Lincoln (CVN-72)
  • USS America (CV-66)
  • USS Antietam (CV-36)
  • USS Bataan (CVL-29)
  • USS Belleau Wood (CVL-24)
  • USS Bennington (CV-20)
  • USS Bon Homme Richard (CV-31)
  • USS Boxer (CV-21)
  • USS Bunker Hill (CV-17)
  • USS Cabot (CVL-28)
  • USS Carl Vinson (CVN-70)
  • USS Constellation (CV-64)
  • USS Coral Sea (CVB-43)
  • USS Cowpens (CVL-25)
  • USS Dwight D. Eisenhower (CVN-69)
  • USS Enterprise (CV-6)
  • USS Enterprise (CVN-65)
  • USS Essex (CV-9)
  • USS Forrestal (CV-59)
  • USS Franklin (CV-13)
  • USS Franklin D. Roosevelt (CVB-42)
  • USS George H.W. Bush (CVN-77)
  • USS George Washington (CVN-73)
  • USS Gerald R. Ford (CVN-78)
  • USS Hancock (CV-19)
  • USS Harry S. Truman (CVN-75)
  • USS Hornet (CV-8)
  • USS Hornet (CV-12)
  • USS Independence (CVL-22)
  • USS Independence (CV-62)
  • USS Intrepid (CV-11)
  • USS Iwo Jima (CV-46)
  • USS John C. Stennis (CVN-74)
  • USS John F. Kennedy (CV-67)
  • USS Kearsarge (CV-33)
  • USS Kitty Hawk (CV-63)
  • USS Lake Champlain (CV-39)
  • USS Langley (CV-1)
  • USS Langley (CVL-27)
  • USS Lexington (CV-2)
  • USS Lexington (CV-16)
  • USS Leyte (CV-32)
  • USS Midway (CVB-41)
  • USS Monterey (CVL-26)
  • USS Nimitz (CVN-68)
  • USS Oriskany (CV-34)
  • USS Philippine Sea (CV-47)
  • USS Princeton (CVL-23)
  • USS Princeton (CV-37)
  • USS Randolph (CV-15)
  • USS Ranger (CV-4)
  • USS Ranger (CV-61)
  • USS Reprisal (CV-35)
  • USS Ronald Reagan (CVN-76)
  • USS Saipan (CVL-48)
  • USS San Jacinto (CVL-30)
  • USS Saratoga (CV-3)
  • USS Saratoga (CV-60)
  • USS Shangri-la (CV-38)
  • USS Tarawa (CV-40)
  • USS Theodore Roosevelt (CVN-71)
  • USS Ticonderoga (CV-14)
  • USS Valley Forge (CV-45)
  • USS Wasp (CV-7)
  • USS Wasp (CV-18)
  • USS Wright (CVL-49)
  • USS Yorktown (CV-5)
  • USS Yorktown (CV-10)

This list does not reflect all ships with known asbestos problems. In fact, these are only the aircraft carriers! Asbestos was also used on amphibious warships, battleships, cruisers, destroyers, destroyer escorts, escort carriers, frigates, minesweepers, and submarines.

Committed to mesothelioma victims throughout North Carolina, South Carolina & Virginia

Marcari, Russotto, Spencer & Balaban takes pride in our determined representation of asbestos and wrongful death clients, as well as our advocacy for veterans’ benefits. To schedule a free consultation, call today at (877) 428-1122 or contact our firm online. We proudly serve clients from our many office locations throughout North Carolina, South Carolina, Virginia, West Virginia & Florida.

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