Call Us :216-575-0777
Call Us :216-575-0777
If you or a loved one has been diagnosed with mesothelioma, your immediate focus is on your health, your family, and finding clear guidance.
Learning that an illness was caused by past asbestos exposure brings difficult questions, but you do not have to navigate the next steps alone.
Kelley Ferraro, LLC, represents mesothelioma patients and their families in Wisconsin and throughout the United States. Our Cleveland-based plaintiffs’ law firm was founded in 1997 and concentrates on asbestos and mesothelioma litigation. Attorneys at the firm have recovered more than $1 billion for asbestos and mesothelioma clients. Past results do not guarantee a similar outcome in any other case.
If you were exposed to asbestos in Milwaukee, Madison, Green Bay, Kenosha, or elsewhere in Wisconsin, we can review your diagnosis, work history, and possible exposure sources, and we explain which legal options may apply, including a lawsuit or an asbestos trust claim.
Asbestos went into building materials, industrial equipment, brakes, insulation, and many other products for decades. A mesothelioma diagnosis today often reflects exposure from long ago.
A Wisconsin Department of Health Services study of mesothelioma deaths from 2000 through 2013 found that mortality in the state ran about 22 to 30 percent above the national level, depending on how the data were adjusted.
The study linked higher mesothelioma risk to these industries and occupations:
The study also found elevated risk among some school teachers, which the authors suggested may relate to asbestos in older school buildings.
A separate 2004 Wisconsin Department of Health Services investigation looked at asbestos-contaminated vermiculite from Libby, Montana, that was shipped to processing sites across the country, including sites in the Milwaukee area.
Exposure can also reach families. Asbestos fibers can travel home on work clothes, which creates a risk of secondary exposure for spouses and children.
Because mesothelioma can develop decades after exposure, tracing the source often means looking far back into a person’s employment and residential history.
Call US 216-575-0777
Many people can name the jobs they held but not the products used at each site, and older employers may have closed or changed ownership. We work from the records and details that exist.
We examine:
That work connects a diagnosis to identifiable exposure and to the companies that may bear legal responsibility. From there, we evaluate whether a lawsuit, an asbestos trust claim, or both may apply to your circumstances.
Learn more about proving the source of asbestos exposure.
A person diagnosed with mesothelioma who can establish asbestos exposure may have grounds to pursue compensation. The defendants vary from case to case.
They can include companies that manufactured, supplied, distributed, or sold asbestos-containing products and, in some circumstances, property owners or other parties.
Claims become more complex when exposure happened in more than one state or when the person no longer lives in Wisconsin. Someone exposed in Wisconsin may now live in Florida or Michigan, and a Wisconsin resident may have been exposed while working elsewhere.
The location of the exposure, your current residence, the companies involved, and the applicable state law all affect where a claim can be filed.
Wisconsin generally gives a person three years to bring a personal injury lawsuit under Wis. Stat. § 893.54(1m)(a).
Because mesothelioma can appear decades after exposure, Wisconsin’s discovery rule matters. Under that rule, the filing period generally begins when you discover, or reasonably should have discovered, the injury, its cause, and who is responsible, not on the date of exposure.
An earlier diagnosis of a different asbestos-related condition may also affect the analysis. In Sopha v. Owens-Corning Fiberglas Corp., 230 Wis. 2d 212 (1999), the Wisconsin Supreme Court held that a diagnosis of a non-malignant asbestos-related lung condition did not start the statute of limitations for a later-diagnosed, distinct malignant condition. Whether that holding applies to you depends on your medical history.
Your deadline can depend on your diagnosis date, when you discovered the injury, where the exposure took place, and which state’s law applies.
We review that timeline early so a filing deadline does not close off your options.
Some companies that made or supplied asbestos products went bankrupt and set up trusts to pay people who developed asbestos-related diseases.
A trust claim is separate from a lawsuit against a company that is still solvent, and a person may need to consider both.
Wisconsin regulates how the two interact. Under Wis. Stat. § 802.025, a plaintiff in an asbestos personal injury lawsuit must disclose claims made against asbestos trusts and provide related trust claim materials.
Defendants may seek discovery from the trusts and may ask the court to order additional trust claims, and the court may stay the case until the plaintiff files them.
We can review your exposure history to identify which companies and trusts may be involved, and we can explain how a lawsuit and trust claims can affect each other.
Depending on the facts and the law that applies, a claim may seek damages for:
The types and amount of compensation depend on the facts of the case and the applicable law, and no result can be promised.
The Wisconsin Department of Natural Resources administers Chapter NR 447 of the Wisconsin Administrative Code, which sets rules for asbestos inspection and for notice to the state before most demolition and renovation work.
If you suspect asbestos in your home or workplace, avoid disturbing the material. Removal generally requires workers certified through the Wisconsin Department of Health Services.
Wisconsin generally allows three years for a personal injury lawsuit under Wis. Stat. § 893.54(1m)(a). Under the discovery rule, that period generally runs from when you discover the injury and its cause, so we review your diagnosis date and history to confirm your deadline.
Mesothelioma is a rare cancer that forms in the thin tissue lining organs such as the lungs and abdomen. The CDC reports that 2,669 cases were diagnosed in the United States in 2022 and that asbestos exposure causes most cases.
No. Mesothelioma forms in the lining around an organ, most often the lining of the lungs, while lung cancer begins in the lung tissue itself. They are different diseases that doctors diagnose and treat differently.
Possibly. These claims depend on the facts and on the law of the state where the claim is brought, so we review the exposure history and the companies involved.
Certain surviving family members may have a right to bring a wrongful death claim after a death from mesothelioma. The limitation period is generally three years under Wis. Stat. § 893.54(1m)(b), and we review the details of each situation.
No. We represent mesothelioma clients throughout the United States, and initial consultations can take place by phone or in person. If you now live outside Wisconsin, we also look at where your claim can be filed.
It can in some negligence actions. Under Wis. Stat. § 895.045, a court reduces damages by the claimant’s share of fault and may bar recovery when the claimant’s fault is greater than that of the person being sued. The effect depends on the legal claims and facts involved.
We offer free initial consultations. Information about attorney fees and costs is available on our Attorneys Fees & Costs page.
If available, bring information about your diagnosis, medical treatment, employment history, job sites, military service, products you remember using, and possible exposure involving family members or residences. You can also complete our asbestos exposure questionnaire.
We start with an investigation. We can review your diagnosis and work history, identify the products and companies tied to your exposure, evaluate lawsuits and asbestos trust claims, and explain how Wisconsin’s filing deadlines and fault rules apply.
We also represent families who bring wrongful death claims after losing a loved one to mesothelioma.
Past cases handled by Kelley Ferraro include:
Past results do not guarantee a similar outcome. Each case turns on its own facts and applicable law.
You do not need to know the exact source of your asbestos exposure before you speak with a lawyer. Your work history, residence history, and medical records give us starting points for the investigation.
A consultation gives you a read on your filing timeline and the claims that may apply before you decide how to proceed. If you were exposed in Wisconsin but now live elsewhere, we can also evaluate the interstate issues in your potential claim.
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