Albuquerque Mesothelioma Lawyer

Mesothelioma is a rare and aggressive cancer almost exclusively caused by asbestos exposure. When individuals develop asbestos-related mesothelioma, they may be entitled to seek compensation through a lawsuit. To discuss your legal options in a free consultation, call (505) 242-7200 or contact Davis Kelin online.

Why Choose Our Albuquerque Mesothelioma Lawyer?

At Davis Kelin, we prioritize quality over quantity. Our firm dedicates significant time and resources to each case we accept, allowing us to provide exceptional representation. We selectively take on a small percentage of the cases we review, focusing on those we believe are strong enough to go to trial.

• With over 75 years of combined experience, our team of Albuquerque personal injury lawyers has successfully tried numerous cases, securing judgments exceeding $14 million and achieving other multi-million-dollar settlements and verdicts.

• Our unique approach to trial preparation aims to empower our clients, helping them transition from feeling like victims to taking a stand.

• Beyond seeking compensation, we are dedicated to holding wrongdoers accountable, litigating injury cases to punish those who disregard rules for personal gain.

Understanding Mesothelioma and Asbestos Exposure

Mesothelioma is a cancer that affects the lining of the lungs, abdomen, or heart. It is primarily caused by inhaling or ingesting asbestos fibers. Asbestos is a naturally occurring mineral, which was widely used in various industries due to its heat-resistant and insulating properties. However, its dangers have been well-documented, leading to significant health risks for those exposed.

The first asbestos-related lawsuits began to emerge in the late 1960s and early 1970s, as workers who had been exposed to asbestos began to develop serious illnesses. One of the earliest and most significant cases was Borel v. Fibreboard Paper Products Corporation in 1973. Clarence Borel, an insulation worker, sued multiple asbestos manufacturers after developing mesothelioma. The court ruled in his favor, establishing the precedent that manufacturers could be held liable for failing to warn workers about the dangers of asbestos.

Common Sources of Asbestos Exposure

Here are some common sources of asbestos exposure that can lead to mesothelioma:

Occupational Exposure

• Construction Industry: Workers involved in building construction, demolition, and renovation are at high risk of asbestos exposure. Asbestos was commonly used in insulation, roofing, floor tiles, cement, and other building materials.

• Shipbuilding and Shipyards: Asbestos was extensively used in shipbuilding for insulation and fireproofing. Shipyard workers, including electricians, pipefitters, and welders, often handled asbestos-containing materials.

• Industrial and Manufacturing Plants: Workers in factories producing asbestos products, such as textiles, friction products, and insulation, faced significant exposure. Additionally, employees in steel mills, power plants, and chemical plants often encountered asbestos.

• Automotive Industry: Mechanics and automotive workers are at risk due to asbestos in brake pads, clutches, gaskets, and other vehicle components.

• Military Service: Veterans, particularly those in the Navy, were frequently exposed to asbestos on ships and in military installations. Asbestos was used in engine rooms, boiler rooms, and other areas where fireproofing was essential.

Environmental Exposure

• Asbestos Mines and Mills: Communities near asbestos mines and processing plants may be exposed to airborne asbestos fibers. Workers and residents living close to these facilities can inhale asbestos fibers, increasing their risk of mesothelioma.

• Naturally Occurring Asbestos: Certain regions have naturally occurring asbestos in the soil and rock. Disturbance of these areas through construction, agriculture, or other activities can release asbestos fibers into the air.

Secondary (Take-Home) Exposure

• Family Members: Workers exposed to asbestos may inadvertently bring fibers home on their clothing, skin, hair, and tools. Family members, particularly spouses who launder work clothes, are at risk of secondary exposure and developing mesothelioma.

• Household Contacts: Children and other household members can also be exposed to asbestos fibers carried home by workers, leading to secondary exposure.

Asbestos-Containing Products

• Building Materials: Many older homes and buildings contain asbestos in insulation, roofing, flooring, ceiling tiles, and pipe insulation. DIY home renovators and construction workers can disturb these materials, releasing asbestos fibers.

• Consumer Products: Asbestos was historically used in various consumer products, including hairdryers, ironing board covers, talcum powder, and vermiculite insulation. Use or disturbance of these products can release asbestos fibers.

• School Buildings: Many schools built before the 1980s contain asbestos in floor tiles, ceiling tiles, insulation, and other materials. Teachers, students, and maintenance staff may be at risk if these materials are disturbed during maintenance or renovations.

Who is Liable for Mesothelioma?

Determining liability in mesothelioma cases is complex, as multiple parties can be held accountable for the exposure. Here’s a detailed look at who may be liable in mesothelioma lawsuits:

Manufacturers of Asbestos-Containing Products

The most common defendants in mesothelioma lawsuits are the manufacturers of asbestos-containing products. These companies produced and sold products containing asbestos without providing adequate warnings about the associated health risks. Plaintiffs can hold these manufacturers strictly liable for the harm caused by their products. Manufacturers that failed to provide sufficient warnings about the dangers of asbestos exposure can be held liable under the “failure to warn” theory. This means they knew or should have known about the risks and did not take steps to inform users.

Employers

Many mesothelioma cases involve individuals who were exposed to asbestos in the workplace, such as construction workers, shipbuilders, and industrial workers. Employers who did not follow safety regulations or failed to mitigate asbestos exposure can be held accountable. Let our Albuquerque workplace injury lawyer file a claim on your behalf.

Property Owners

Property owners, including landlords and commercial property owners, can be liable if tenants, employees, or visitors are exposed to asbestos on their premises. This includes properties where asbestos-containing materials were used in construction or renovation without proper management or abatement.

Distributors and Suppliers

Distributors and suppliers who provided asbestos-containing materials can also be held liable. Even if they did not manufacture the products, their role in the supply chain makes them responsible for ensuring the products were safe for use.

Contractors and Subcontractors

Companies that specialized in asbestos removal or abatement can be liable if they did not follow proper safety protocols, resulting in exposure. This includes inadequate containment, improper disposal, or failure to warn about residual asbestos.

Contractors who used asbestos-containing materials during construction or renovation projects can also be held liable for exposing workers and occupants to asbestos.

Successor Companies

Companies that acquire or merge with asbestos product manufacturers may inherit liability for the products produced by the original company.

Many companies that faced extensive asbestos litigation filed for bankruptcy and established trust funds to compensate victims. These trust funds are designed to provide compensation to individuals exposed to asbestos from products manufactured by bankrupt companies. Claimants can file claims with these trusts to receive compensation without going through traditional litigation

Types of Compensation Available

People are suing for mesothelioma for several critical reasons, all rooted in the severe health, emotional, and financial impacts of this devastating disease. Here are the types of compensation typically available in a claim:

Medical Expenses

• Medical Costs: Mesothelioma treatment involves significant medical expenses, including surgeries, chemotherapy, radiation therapy, and specialized medical care. Patients often face exorbitant costs that can quickly deplete their savings and financial resources.
• Future Medical Needs: The progressive nature of mesothelioma means that ongoing and future medical care is often required. Lawsuits aim to secure compensation to cover these long-term medical needs.

Lost Wages and Income

• Inability to Work: Mesothelioma can severely impact a person’s ability to work. Many patients must leave their jobs or reduce their working hours due to the debilitating effects of the disease and its treatment.

• Lost Future Earnings: Beyond current income loss, mesothelioma lawsuits seek to recover compensation for future lost earnings. This is particularly important for younger patients who face a long-term inability to work.
• Retirement Benefits: Loss of retirement benefits and pensions due to premature retirement or death can also be included.

Pain and Suffering

• Physical Pain: Mesothelioma causes significant physical pain and discomfort. Compensation for pain and suffering addresses the physical toll of the disease.

• Emotional Distress: The emotional impact of a mesothelioma diagnosis, including anxiety, depression, and loss of enjoyment of life, is considered under pain and suffering compensation.

• Loss of Consortium: Spouses and family members may be compensated for the loss of companionship, support, and affection due to the patient’s illness or death.

Travel Expenses

• Medical Travel Costs: Compensation can cover the travel expenses incurred for seeking treatment, including transportation, lodging, and meals during trips to medical facilities.

Wrongful Death Claims

• Loss of a Loved One: Families of mesothelioma victims can file wrongful death claims seeking compensation for the loss of a loved one. These claims aim to recover expenses related to medical bills, funeral costs, and the emotional and financial support the deceased provided.
• Justice for Families: Wrongful death lawsuits provide families with a sense of justice and closure, holding responsible parties accountable for the untimely death of their loved one. Our wrongful death lawyer in Albuquerque can assist with these types of claims.

Punitive Damages

• Punishing Wrongdoers: In cases where the defendant’s conduct was particularly egregious or reckless, punitive damages may be awarded. These damages are intended to punish the defendant and deter similar behavior in the future.

Legal Fees and Costs

• Attorney Fees: Compensation can include the legal fees. Many mesothelioma attorneys work on a contingency fee basis, meaning they only get paid if you win your case.

• Court Costs: Expenses related to court filings, expert witness fees, and other legal expenses related to pursuing a claim may also be covered.

Statute of Limitations for Mesothelioma Cases in New Mexico

In New Mexico, the statute of limitations for mesothelioma cases sets strict deadlines for filing lawsuits. Understanding these deadlines is crucial to ensure your case is heard.

Personal Injury Claims

• 3 Years: You have three years from the date of mesothelioma diagnosis to file a personal injury lawsuit.

• Discovery Rule: The clock starts when the disease is diagnosed or reasonably should have been discovered, not at the time of asbestos exposure.

Wrongful Death Claims

• Family members have three years from the date of death to file a wrongful death lawsuit if a loved one dies from mesothelioma.

Special Considerations

• Minors and Incapacitated Individuals: The statute of limitations may be paused until the individual reaches the age of majority or regains legal capacity.

• Bankruptcy Trust Claims: Different deadlines may apply for filing claims with asbestos bankruptcy trusts.

In any case, acting promptly is crucial. Missing the deadline can forfeit your right to compensation, no matter the claim’s merits.

How an Albuquerque Mesothelioma Lawyer Can Help

Mesothelioma cases are complex, involving intricate legal, medical, and scientific issues. An Albuquerque mesothelioma lawyer provides critical assistance in several key areas:

Case Evaluation and Legal Advice

Mesothelioma lawyers typically offer a free initial consultation to assess the details of the case. This includes reviewing medical records, employment history, and potential sources of asbestos exposure. They can provide clear and comprehensive legal advice, explaining the options available to you and your family.

Identifying Responsible Parties

Your lawyer will conduct thorough investigations to identify all parties responsible for the asbestos exposure. Gathering evidence is crucial in mesothelioma cases. Your lawyer will collect documents, witness testimonies, and expert opinions to build a strong case.

Amount of Compensation

Your lawyer will assess the value of your claim, including medical expenses, lost wages, pain and suffering, and potentially punitive damages. Many mesothelioma cases are settled out of court. Your attorney will skillfully negotiate with defendants and insurance companies to secure a fair settlement.

Filing Claims and Lawsuits

If your case proceeds to trial, your attorney will represent you and your family in court proceedings. Based on the specifics of the case, your lawyer will develop a tailored legal strategy to maximize the chances of a successful outcome.

Providing Support and Compassion

A mesothelioma diagnosis is a life-changing event. A lawyer can provide compassionate support to you and your family throughout the legal process. They can connect you with medical professionals, support groups, and other resources to help you cope with the challenges.

Contact Us Today

Mesothelioma is a devastating disease that demands specialized legal experience and knowledge to navigate the complexities of asbestos litigation. Our Albuquerque Mesothelioma Lawyer at Davis Kelin can play a vital role in helping you and your family secure justice and obtain the compensation you deserve. Arrange a free consultation today by calling (505) 242-7200 or sending us a message online.