About Asbestos/Mesothelioma Litigation and Claims

For over five decades, Jon Gelman has represented thousands of individuals who have become ill because of exposure to asbestos fiber. He is the author of a nationally recognized treatise, now in its 3rd edition, on the subject. Jon Gelman has lectured extensively on asbestos litigation. On behalf of his clients, he has successfully brought claims against the suppliers, manufacturers, and health research groups of asbestos fiber and products. These claims are usually called product liability cases.

Resolution of the claim may involve several avenues: litigation (individual or consolidated with other cases), a class action, a court-approved settlement, an administrative claim or settlement, or a claim filed in bankruptcy. How your case is prosecuted will depend on what companies are responsible for and the present economic/legal status of the company.

What Asbestos Is
Asbestos is a naturally occurring fibrous mineral widely used in manufacturing various products beginning in the late nineteenth century. Although most of the asbestos exposure occurred between 1940 and 1980 in occupations such as construction, shipyards, railroads, insulation, sheet metal, automobile repair, and other related fields, asbestos exposure continues today.

Asbestos Exposure
Asbestos fibers are inhaled by workers and remain in the lungs, where they can cause disease. Fibers are also inhaled by family members or any other person encountering asbestos wherever it may be. The evidence shows that the companies that manufactured these products knew that their products would injure people. They actively conspired to hide this information to keep selling their products. As a result, they are now being held liable for the resulting injuries.

Diseases Caused by Asbestos Exposure
It is generally medically accepted that asbestos can cause various types of lung disease, including pleural changes, with or without impairment, and asbestosis, which is fibrosis or scarring of the lungs, also with or without impairment. Also associated with asbestos exposure are certain cancers of the lung, and a very rare cancer of the lining of the lung, or lining of the stomach, called mesothelioma.

In certain limited circumstances, there has been an association between asbestos exposure and other cancers of the digestive tract such as esophageal, laryngeal, kidney, stomach, and colon-rectum cancers. What is a latency period?

A Long Period Between Exposure and Disease
The time between exposure to asbestos and developing the disease is called the latency period. The average latency period for the asbestos-related illness is typically ten to twenty years from the first exposure. However, in some, more rare instances, diseases may develop in shorter or longer time frames.

Asbestos Treatment Guidelines – National Cancer Institute
Malignant Mesothelioma Treatment (PDQ®) Patient Version – National Cancer Institute (NCI)

Product Identification
An essential element is to determine and prove which asbestos companies' products caused exposure to you. Product identification is a crucial aspect of the claim. You may have been exposed to asbestos fiber in the products you not only worked with but those products in the area where you worked or lived.

Litigation
When a lawsuit against certain companies, it is called litigation. A case must be filed within a certain period of time as permitted by a Statute of Limitations. This period varies from state to state. Suing requires the preparation of a case for trial, including depositions and interrogatories (questions answered under oath). Settlements may occur during the prosecution. Certain defendants may settle before trial or during a trial.

Bankruptcy Claims Continue
Many companies that may be responsible for your asbestos injury are under protecting the bankruptcy court and may have separate claim procedures.
The list of asbestos companies include:

These are in various stages of bankruptcy which will affect how, when and if you will ever receive compensation from them.
 

Who Has Been Exposed to Asbestos

Many occupations and lifestyles have a history of exposure to high levels of asbestos fiber. If you have engaged in one or more of these occupations, you may wish to discuss this exposure with your physician. It is always important to tell your doctor of your history of asbestos exposure, whether direct or indirect. Besides these trades, all residents of towns with former asbestos manufacturing plants and all household residents of exposed workers are at risk of developing asbestos-related medical conditions.
 

Some Sites in NJ Where Asbestos Was Present

 

 

Contact Us
If you are interested in discussing a potential case, please contact us: jon@gelmans.com or 1-973-696-7900.