Call Us :216-575-0777
Call Us :216-575-0777
Mesothelioma is a cancer caused by exposure to asbestos, and if you or a loved one is diagnosed with this disease in Pennsylvania, it’s important to hire a mesothelioma lawyer you can trust at your first opportunity. An experienced Pennsylvania mesothelioma lawyer can help you determine your legal options and assist you with claiming compensation for your damages. The team at Kelley Ferraro, LLC is ready to assist with your case.
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The team at Kelley Ferraro, LLC has nearly 30 years of experience helping clients nationwide with mesothelioma cases. We have represented more than 40,000 clients and have secured more than $1 billion in compensation for our clients* from employers, property owners, product manufacturers, distributors, and many other defendants. Our attorneys have handled Pennsylvania asbestos cases in the Philadelphia Court of Common Pleas and in courts across the Commonwealth, and we know how the state’s asbestos laws affect what you can recover.
*Past results do not guarantee a similar outcome in your case.
Many attorneys do not accept mesothelioma cases because of their complexity and the volume of work they require. Many people diagnosed with mesothelioma are eligible to claim substantial compensation for their damages through various channels, but these can be difficult to manage without help, and accurately determining the source of the victim’s asbestos exposure often requires careful review of decades’ worth of records.
We can help you prove when, where, and how you were most likely exposed to asbestos, determine who is responsible for this diagnosis, and assess your legal options. We prepare each case carefully to give you the strongest possible chance of recovery, but time is a critical factor in any mesothelioma case. It can be very difficult to prove how you were exposed. You should hire a Pennsylvania mesothelioma attorney as soon as possible to protect your claim, since Pennsylvania’s asbestos filing deadline is only two years from diagnosis, as explained below.
Asbestos exposure is by far the leading cause of mesothelioma. This material was used for decades throughout the US because of its fireproofing and insulating properties. Over many years, thousands of people working in mining, construction, manufacturing, steelwork, and other industries were exposed to asbestos on the job, and many residential buildings were also constructed using asbestos.
Whenever asbestos fibers enter the body, they can become embedded and gradually develop into mesothelioma. The most common way this happens is inhalation. When any asbestos-containing material is damaged, fibers are released into the surrounding area. These fibers are very thin, sharp, and light enough to stay afloat in the air for long periods. Once inhaled, they can cause pleural mesothelioma in the lungs. If they are ingested, they can cause peritoneal mesothelioma.
Roughly 2,700 to 3,000 new cases of mesothelioma are diagnosed in the US each year, and that number has been slowly going down as fewer people are exposed to asbestos on the job today, so this is not a very common form of cancer. However, despite the fact that the health risks of asbestos are now widely understood, new cases continue appearing because of asbestos exposure that happened many years ago. It can sometimes take decades for noticeable symptoms to appear, making the source of exposure very difficult to trace in some of these cases.
Unfortunately, by the time symptoms of mesothelioma appear, the disease has often already reached an advanced stage. The early symptoms are also often mistaken for less serious illnesses, further delaying treatment in some cases. According to the American Cancer Society, the five-year relative survival rate for pleural mesothelioma is about 23% when it’s found while still limited to the pleura, but drops to about 11% once it has spread to distant parts of the body, based on the most recent data from patients diagnosed between 2015 and 2021.
Mesothelioma treatment is difficult. This will usually include cancer treatments like surgery, chemotherapy, and radiation treatment, all of which can impose various challenging side effects.
Receiving a terminal diagnosis with mesothelioma is very difficult for the victim and for their family, and if you find yourself in this situation, it’s vital to speak with a Pennsylvania mesothelioma attorney as soon as possible.
Pennsylvania asbestos and mesothelioma claims follow rules that are different from an ordinary personal injury case, and understanding them can affect both how long you have to file and how much you can recover.
Under 42 Pa.C.S. § 5524(8), you generally have two years to file an asbestos-related claim. That two-year period starts on the date you were diagnosed with an asbestos-related disease, or the date you reasonably should have discovered it, whichever comes first. This is different from most personal injury deadlines, which start on the date of the injury itself. Pennsylvania courts have applied this same diagnosis-based deadline to wrongful death claims, so the two-year clock can begin running before the person dies. Because this deadline is strict and hard to extend, it is best to speak with an attorney as soon as a diagnosis is made.
Many Pennsylvania workers assume that workers’ compensation is their only option against an employer who exposed them to asbestos on the job. That changed in 2013, when the Pennsylvania Supreme Court decided Tooey v. AK Steel Corp., 81 A.3d 851 (Pa. 2013). The court ruled that when an occupational disease like mesothelioma does not show up until more than 300 weeks, or about five years and nine months, after a worker’s last exposure, the Workers’ Compensation Act’s exclusivity rule no longer blocks a lawsuit against the employer. Because mesothelioma often takes decades to develop, this ruling allows many Pennsylvania workers and their families to sue a former employer directly instead of being limited to a workers’ compensation claim they can no longer file.
Pennsylvania asbestos cases often name many defendants, since a single worker may have been exposed to products from several manufacturers over a career. In Roverano v. John Crane, Inc. (Pa. 2020), the Pennsylvania Supreme Court held that in strict liability asbestos cases, liability is generally divided equally among the defendants found responsible, known as a per capita split, rather than by an estimated percentage of exposure. This decision affects how settlements and jury verdicts are calculated in Pennsylvania asbestos cases with multiple defendants.
Many Pennsylvania asbestos lawsuits are filed in the Philadelphia Court of Common Pleas, which handles a dedicated asbestos docket through its Complex Litigation Center. Cases can also be filed in other counties with a connection to the exposure, such as where you lived or worked, including Allegheny County.
The first challenge you must overcome with your mesothelioma case is determining when, where, and how you were exposed to asbestos. This will inform you of your legal options. If a specific company is responsible for your exposure, they may have been required to establish a mesothelioma injury trust, and you may be eligible to file a claim.
Many US companies that formerly manufactured asbestos products were compelled to create these trusts to compensate those adversely affected by their products and operations. If you are eligible to file one of these claims, your Pennsylvania mesothelioma attorney at Kelley Ferraro, LLC can guide you through the process and help you pursue the compensation you may be entitled to.
If you were exposed to asbestos at a past job and were diagnosed with mesothelioma within about 300 weeks of your last exposure there, you may qualify for workers’ compensation benefits, which can include coverage of medical expenses and disability benefits if you are unable to work. This will not fully cover your losses, but it is still worth exploring if available to you. Because mesothelioma often takes decades to develop, many workers are diagnosed after this window closes, which is when Tooey v. AK Steel Corp. allows a direct lawsuit against the employer instead, as explained above.
When you have grounds to file a mesothelioma personal injury case, this gives you the best opportunity to seek full compensation for your losses. You may be able to claim compensation for the economic and non-economic losses tied to your exposure, including projected future losses. You will need to prove the defendant is directly responsible for your mesothelioma diagnosis, and your attorney can assess the potential value of your case.
If you are eligible to file a mesothelioma personal injury case in Pennsylvania, your attorney can help you present the damages tied to your asbestos exposure. Economic damages in most mesothelioma personal injury cases include medical expenses, including the cost of future palliative care, and the plaintiff can claim compensation for lost income if their diagnosis forces them to quit working sooner than expected.
Aside from economic damages, the plaintiff also has the right to claim pain and suffering compensation from the defendant. This may seem difficult to calculate, but an attorney experienced in mesothelioma cases can help present the full extent of your pain and suffering to the defendant, insurer, or jury. Mesothelioma causes painful and debilitating symptoms, and treatment is challenging in several ways. This diagnosis also comes with a significant psychological shock as mesothelioma is a terminal cancer.
Economic damages may be straightforward, and your attorney will know how to link your economic losses to the defendant’s actions. However, pain and suffering compensation is more subjective. Your Pennsylvania mesothelioma lawyer can help you obtain an appropriate amount that reflects the overall severity of the harm you have suffered and the terminal nature of your mesothelioma diagnosis.
In some of these cases, defendants are compelled by the court to pay punitive damages in addition to other damages owed to plaintiffs. The court has the discretion to require this in response to illegal misconduct, egregious negligence, or failure to comply with industry safety regulations. Your attorney can explain whether this could come into play for your case and how it might affect your total recovery.
Ultimately, many mesothelioma cases in Pennsylvania are complex, multifaceted, and very difficult to handle without experienced legal counsel on your side. The attorneys at Kelley Ferraro, LLC have years of experience handling these cases, and we have represented Pennsylvania mesothelioma patients and their families in similar situations, and we know how to build a claim under the state’s asbestos laws.
Our firm will carefully investigate your diagnosis and help you determine the most likely source of your asbestos exposure. Once we have determined the cause, we will explain the steps you can take to seek compensation for your damages. Our goal in each case we accept is to recover as much compensation as state law allows for our client, and to do this as swiftly as possible.
If a family member in Pennsylvania has died from mesothelioma, we can help you understand what comes next. Because Pennsylvania’s asbestos statute of limitations runs from the date of diagnosis rather than the date of death, as explained above, it is important to have your case reviewed quickly to find out whether your filing window is still open. We can explain the state’s wrongful death and survival action rules as they apply to your situation and help you pursue compensation from the party responsible.
Kelley Ferraro, LLC is a team of trial attorneys. We prepare cases for litigation, even when we believe we can settle for our client. This approach creates a stronger negotiating position during attempts to reach a settlement and prepares us in the event that litigation is unavoidable. Our team is prepared to pursue your case through settlement or trial, whichever your circumstances require.
If you are concerned about the cost of hiring legal representation, this is no cause for alarm with Kelley Ferraro, LLC. We take most mesothelioma cases on a contingency fee basis, meaning there are no upfront attorneys’ fees. We charge a fee only if we win, and it is a percentage of the compensation we recover for you. If, for any reason, we are unable to secure compensation in your case, there is no cost to you.
It’s vital to hire a mesothelioma lawyer in Pennsylvania with extensive experience to help you pursue accountability, as you have limited time in which to build your case. Contact Kelley Ferraro, LLC today to schedule your free consultation with an experienced Pennsylvania mesothelioma lawyer and find out what options may be available to you within the state’s filing deadline.
Generally two years from the date you were diagnosed with an asbestos-related disease, or from when you reasonably should have discovered it, under 42 Pa.C.S. § 5524(8). Because this deadline is strict, you should speak with an attorney as soon as possible after diagnosis.
Often, yes. Many bankrupt asbestos manufacturers created trust funds to compensate people harmed by their products, and you may be able to file a claim against one or more of these trusts.
In many cases, yes, especially if your mesothelioma was diagnosed more than 300 weeks after your last exposure there, as allowed under Tooey v. AK Steel Corp. If your diagnosis came sooner, workers’ compensation may be your primary option instead.
Depending on your case, you may be able to recover medical expenses, lost income, pain and suffering, and in some cases punitive damages. An attorney can review your diagnosis and exposure history to explain which types of compensation may apply to your situation.
Most mesothelioma law firms, including Kelley Ferraro, LLC, work on a contingency fee basis, so you pay no upfront fees and only pay a fee if compensation is recovered on your behalf.
Many are filed in the Philadelphia Court of Common Pleas, which has a dedicated asbestos docket through its Complex Litigation Center, though cases can also be filed in other counties connected to the exposure, such as Allegheny County.
You may be able to file a wrongful death or survival action, but Pennsylvania’s two-year deadline for asbestos claims runs from the date of diagnosis rather than the date of death, so it is important to have your case reviewed quickly.
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