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For many years, Johnstown was home to steel production facilities, rail transportation, mining, and other heavy industries where workers would have come into contact with asbestos-containing products. If you were recently diagnosed with mesothelioma, it is important to learn about your legal rights. Doing so with a Johnstown mesothelioma lawyer can help you preserve your right to compensation and hold the responsible parties accountable before evidence is lost.
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At Kelley Ferraro, LLC, our asbestos injury attorneys have been advocating for injury victims for almost 30 years. Throughout that time, we have helped more than 40,000 clients from across the country file claims and recover compensation from the manufacturers, suppliers, and other negligent companies responsible for their injuries.
We have the resources to take on larger companies and recover appropriate compensation, and our decades of experience have provided us with insight on how to handle even the most complex mesothelioma cases. Our experience with mesothelioma also includes asbestos bankruptcy trust claims. Learn more about our background representing mesothelioma victims in Jim Ferraro’s book, “Blindsided.”
Mesothelioma claims are filed on the legal theory that a company can be held liable for injuries sustained as a result of its asbestos products or for exposing workers to known safety hazards. Asbestos was commonly used in insulation, boilers, engines, machinery, and cement products for decades, even after asbestos-related illnesses began to surface.
The Johnstown area was known for steel mills, metal fabrication plants, railroad companies, construction, and power companies. If you worked near the former Cambria Iron Works plant, worked at a manufacturing facility, or worked alongside US Route 219 or PA Route 56, you may have been exposed to asbestos through product usage or during maintenance and repair work.
In 2023, there were 2,709 new mesothelioma cases, a 40% decrease from 2014 in 2023. Although the number of new cases is decreasing, they are still occurring. In Pennsylvania, 55 new cases were reported in 2023.
After being diagnosed with mesothelioma, it is important to continue treatment as directed by your doctor. You also want to begin preserving any documents that may help you prove you were exposed to asbestos. This might involve gathering medical records, pathology reports, your work history, and details about your time in the military, if that applies, along with information on who your past employers were.
Jot down the names of any colleagues who might recall working with asbestos or specific job conditions. If you are experiencing symptoms that you believe may be related to mesothelioma, it is important to see a doctor.
Pennsylvania law states that there is a two-year statute of limitations for personal injury claims. However, in the case of asbestos-related injuries, Pennsylvania allows claims to be filed under the discovery rule, allowing victims to file a claim within two years of the date of diagnosis.
If your loved one was diagnosed with mesothelioma and has since passed away, you may be entitled to file a wrongful death claim. While every immediate family member may not be eligible to file a claim, those who qualify can seek compensation for damages like funeral and burial costs, lost wages, and medical bills your loved one incurred before passing. Pennsylvania’s wrongful death statute can be found at 42 Pa. C.S. § 8301.
When you hire a mesothelioma lawyer, they can help you gather your employment and medical records, identify witnesses, work with professional witnesses, calculate your damages, and see that every claim is filed in a timely manner.
A Johnstown mesothelioma attorney can make sure you pursue every company that may be responsible for your exposure. This includes every employer you have worked for in the past and every manufacturer or supplier responsible for the asbestos products you worked with.
There is no set amount of compensation for asbestos claims. Each case’s value is based on many variables like the type of illness and severity of symptoms, medical costs, lost wages, level of exposure, and the number of companies involved. Most clients receive a settlement or verdict from a trial. Some may qualify to file a claim with an asbestos bankruptcy trust fund. Every claim is reviewed and analyzed according to its individual facts.
The amount of time it takes to file a claim for mesothelioma varies from case to case. Many factors play into the length of a claim. If several defendants are named, the case can take longer than a case with fewer defendants. If a case settles before trial, it can take a matter of months. Some cases take a year or more to reach a conclusion. Given the aggressive nature of the disease, courts often expedite mesothelioma cases.
The only way to confirm mesothelioma is with a biopsy. During this procedure, your physician removes a sample of tissue, which is viewed under a microscope by a pathologist. If cancer cells are seen, you are then diagnosed with mesothelioma. Imaging tests like CT scans, MRIs, PET scans, and X-rays can reveal abnormalities in the organs, but they cannot diagnose you with mesothelioma.
Generally speaking, any financial compensation you receive as a result of physical injuries or physical illness is not taxed by the federal government. This includes mesothelioma compensation, whether it be from a settlement or a verdict. However, there can be taxable portions of your settlement, like punitive damages or interest that accrues after a judgment has been made.
Being diagnosed with mesothelioma can leave your family trying to figure out what you need to do medically and financially. Let Kelley Ferraro, LLC, advocate for you and your family. For nearly 30 years, we have been helping asbestos victims across the country and have helped over 40,000 clients file claims. Contact us today to discuss your exposure and learn what we can do for you and your family.
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