Cincinnati Mesothelioma Lawyers

What Is Mesothelioma?

Mesothelioma is a type of cancer that develops in the mesothelium. The mesothelium is a thin layer of tissue that surrounds the organs in the chest, the abdomen, and, in men, the testicles. Asbestos is considered the primary cause of mesothelioma.

What Is Asbestos?

Asbestos is a natural silicate mineral. It is composed of numerous tiny fibers. Because of its durability, heat resistance, non-conductivity, and ability to withstand corrosion, asbestos has been widely used in a number of different industries.

Historically, asbestos was used for insulation and fireproofing in industries such as manufacturing, shipbuilding, boilermaking, oil and gas, and railroads. It was also widely used in products such as:

• Construction materials
• Automotive parts and components
• Paper products
• Textiles
• Paints
• Home appliances
• Pipes and ductwork
• Cigarette filters

When it is left undisturbed, asbestos does not present a threat. However, if the material is disturbed and the fibers become airborne, people may inhale or swallow them. Significant exposure to asbestos can lead to lung disease and several types of cancer, including mesothelioma.

Types of Mesothelioma

Pleural mesothelioma affects the pleura, or the tissue that covers the lungs. It is the most common form of mesothelioma, accounting for more than 80% of cases.

Mesothelioma may also develop in the tissue layer that lines the abdomen. This is known as peritoneal mesothelioma.

Pericardial mesothelioma is a rare cancer that forms in the sac-like tissue around the heart (the pericardium). Though pericardial mesothelioma is extremely rare (accounting for less than 1% of primary mesothelioma cases), it has a very poor prognosis.

Finally, men who are exposed to asbestos are at risk for testicular mesothelioma. This cancer affects the tunica vaginalis (the lining around the testicles and epididymis).

Symptoms of Mesothelioma

Mesothelioma can develop for years or even decades without any noticeable symptoms. By the time symptoms arise, the cancer may be quite advanced and treatment options are often very limited.

The symptoms of mesothelioma vary depending on the type, the location of the tumor(s), and how advanced the cancer is.

• Symptoms of Pleural Mesothelioma:
  • Shortness of breath
  • Chest pain and/or pain in the lower back
  • Difficulty swallowing
  • Chronic cough
  • Hoarse voice
  • Pleural effusion (fluid buildup around the lung)
  • Fatigue
  • Night sweats
  • Unexplained weight loss
  • Coughing up blood
• Symptoms of Peritoneal Mesothelioma:
  • Pain in the abdomen
  • Abdominal swelling
  • Constipation
  • Loss of appetite
  • Nausea and vomiting
  • Weight loss with no apparent explanation
• Symptoms of Pericardial Mesothelioma:
  • Chest pain
  • Labored breathing
  • Shortness of breath
  • Changes in heart rhythms, including palpitations, murmurs, and arrhythmias
  • Persistent cough
• Symptoms of Testicular Mesothelioma:
  • Fluid buildup in the scrotum
  • A mass on or along one of the testicles
  • Pain in the testicles and/or abdomen

If you experience any of these symptoms and believe you may have been exposed to asbestos in the past, you should see a doctor as soon as possible. Although there is no cure for mesothelioma, timely intervention can ease symptoms, improve quality of life, and may even increase lifespan.

You should also consider your legal options. A Cincinnati asbestos lawyer can review your case and provide knowledgeable assistance with your claim.

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Who Is At Risk?

Workers in professions where asbestos was present have the highest risk of mesothelioma. Jobs where asbestos fibers were a common occupational hazard include:

• Construction workers who handled asbestos-containing materials
• Automotive mechanics
• Shipyard workers, including shipbuilders and shipwrights
• Electricians
• Insulation installers
• Firefighters
• Plumbers and pipefitters
• Boilermakers and boiler operators
• Painters
• Teachers and school employees in old schools with asbestos-containing materials
• Industrial workers involved in the manufacturing of products that contained asbestos, including textiles, building materials, motor vehicles, etc.
• Asbestos miners

Family members may have been exposed to asbestos when workers came home with fibers on their clothes. Residents and occupants of older buildings may also be exposed if asbestos or asbestos-containing materials are disturbed.

U.S. regulation of asbestos began in the 1970s and the EPA finalized a ban on ongoing asbestos use in 2024. However, the fact remains that asbestos is still a major threat to public health.

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What Is an Asbestos Lawyer?

An asbestos lawyer is a legal professional dedicated to pursuing justice and fair compensation for individuals and families impacted by exposure to asbestos. Mesothelioma attorneys focus specifically on cancer cases originating from asbestos exposure.

Experience and resources are critical when choosing an attorney to handle your case. Where and how you were exposed to asbestos must be clearly established, which requires extensive investigation and compelling evidence.

Often, mesothelioma claims can be resolved without having to go to trial. If further litigation is necessary, however, you need a Cincinnati asbestos attorney who can represent you in court. At Colombo Law, we undertake trial preparations for every case we handle.

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What Is a Mesothelioma Lawsuit?

A mesothelioma lawsuit is a legal claim for damages arising from an asbestos-related cancer. Claims may be brought by the patient or, if the patient has died as a result of mesothelioma, his or her surviving family members (wrongful death lawsuit).

Comprehensive investigation is required to identify where the asbestos exposure took place and who may be liable for damages. Multiple defendants may be named in a mesothelioma lawsuit:

• Manufacturers of asbestos-containing products and materials
  • Ohio uses a strict liability standard in product liability claims. Although you do not have to prove that the manufacturer was negligent, you are required to establish that (a) the product was defective and (b) the defective product led to injury.
• Suppliers of asbestos-containing products and materials
  • Unlike with product liability claims against manufacturers, Ohio Revised Code Section 2307.78 states that negligence must be established in a claim against the supplier of a defective product.
• The owner of premises where asbestos was present
  • In Ohio, an asbestos claim against a premises owner must meet the criteria found in Ohio Revised Code Section 2307.941.
• Employers of workers exposed to asbestos on the job
  • This would be a third-party work injury claim separate from workers’ compensation.
  • Situations where an employer may be sued for a work-related illness are very limited; see Ohio Revised Code Section 2745.01.

Facing litigation for mesothelioma and other health issues, a number of companies have established asbestos trust funds. These funds are designed to compensate mesothelioma victims without the need for time-consuming and expensive lawsuits from individual plaintiffs. Each fund has different eligibility and documentation requirements which an asbestos attorney can help you navigate.

Asbestos Claims Involving Multiple Defendants

You also have the right to file a lawsuit against one or more defendants. Companies are likely to fight these claims, making the assistance of a Cincinnati mesothelioma lawyer essential for achieving the ideal outcome. Though the majority of these cases settle out of court, the attorney you choose should be ready and able to go to trial if necessary.

In Ohio asbestos claims involving multiple defendants, the plaintiff is required to prove that the conduct of each defendant was a “substantial factor” in their developing mesothelioma and the subsequent damages. The court will assess the following as part of the “substantial factor” test:

• How the plaintiff was exposed to asbestos.
• The proximity of the plaintiff to asbestos “manufactured, supplied, installed, or used by the defendant.”
• How frequently and for how long the plaintiff was exposed.
• Any mitigating or aggravating circumstances. The availability of safety equipment is an example of a factor that would mitigate the plaintiff’s risk of mesothelioma, while the fact that the plaintiff was a smoker is an example of a factor that would enhance mesothelioma risk.

What Is the Average Payout for Mesothelioma Victims?

Asbestos claims often settle for $1 million or more. However, as with any legal claim, the averages don’t really matter. What matters most are the specifics of your situation and how that translates into compensable damages.

Multiple factors can have a bearing on the compensation you are entitled to for mesothelioma. A Cincinnati asbestos lawyer will take all of the following into account:

• The extent of exposure to asbestos
• Severity and prognosis of the cancer
• The amount of medical expenses incurred to date
• Loss of income from being unable to work
• Projected cost of future medical care
• The psychological and emotional toll of the illness 
• Impact on family members

It is important to note that the payout varies by the type of claim. For example, asbestos trust funds will only pay a percentage of your losses because they need to maintain the long-term viability of the fund. Alternatively, you may be able to obtain more compensation through a mesothelioma lawsuit because you can claim all current and future damages.

Where the case is filed can also have a bearing on the amount of compensation you are due. In Ohio, for example, there is no limit on economic damages while recovery for non-economic loss is (usually) capped at $250,000 or triple the value of economic damages, whichever is greater. Other jurisdictions may have different rules, which is why hiring a local asbestos attorney is so important.

You May Be Entitled to Compensation

Money won’t make up for the decline in your health or the loss of a loved one. Nonetheless, mesothelioma victims and their families should consider exploring their legal options. A successful claim can provide you with the financial resources you need for medical care, day-to-day expenses, and more, as well as justice for what you’ve suffered.

The compensation available in a mesothelioma claim may include:

• Current and future medical expenses
• Lost wages
• Pain and suffering
• Loss of earning capacity
• Reduced life expectancy
• Disability
• Loss of the enjoyment of life

If your loved one died from mesothelioma due to asbestos exposure, an attorney can help you and other survivors with a wrongful death claim. You and your family may be entitled to compensation for damages such as:

• Funeral and burial expenses
• Loss of income and financial contributions
• Medical bills prior to your loved one’s death
• The cost of replacing household services and contributions
• Loss of support, companionship, and consortium
• Emotional anguish

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How Long Does It Take for a Mesothelioma Settlement?

The time it takes to reach a settlement depends on a number of different factors, including the complexity of your case and the legal avenue(s) you select. Claims made through an asbestos trust fund tend to take less time because the system is designed for efficiency. Litigation, meanwhile, is more time-consuming and demanding (Ohio has enacted a number of procedural rules for asbestos claims).

Hiring a Cincinnati mesothelioma attorney can help move things along, whether you’re making a claim through a trust fund or filing a lawsuit. Most claims settle, but plaintiffs should work with a law firm known for being trial-ready.

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Statute of Limitations for Asbestos Claims

In Ohio, the statute of limitations for personal injury claims is usually 2 years from the date an injury occurs. Asbestos claims present a unique challenge because mesothelioma tends to develop slowly and, in many cases, is asymptomatic for a number of years. Generally speaking, the statute of limitations doesn’t start until the date you are diagnosed with mesothelioma.

Don’t wait to seek legal counsel. If you or someone you love is facing a mesothelioma diagnosis, consulting a Cincinnati asbestos attorney can help to ensure that a strong case is prepared on your behalf prior to the time limit.

Get Help from Colombo Law Today

You don’t have to deal with mesothelioma on your own. While you focus on getting medical treatment, spending time with your family, and trying to get the most from life in spite of the circumstances, a Cincinnati mesothelioma lawyer can work on your compensation claim and fight for the outcome you deserve.

Learn how Colombo Law can help. Call 513-599-8841 today for a FREE case review. Our attorneys serve clients with mesothelioma and their families throughout Ohio from our office in Cincinnati.