Pennsylvania Mesothelioma Lawyers

Filing a Claim in Pennsylvania

Philadelphia is among the top 10 jurisdictions for mesothelioma lawsuits, according to a leading industry report. This includes personal injury lawsuits, wrongful death lawsuits and trust fund claims.

Widespread use of asbestos in Pennsylvania’s shipyards, refineries, power plants, steel mills and mining operations placed workers at high risk for developing asbestos-related diseases.

Veterans in Pennsylvania have been diagnosed with mesothelioma as a result of exposure that occurred in the state’s shipyards and military bases. They may file a VA claim for benefits, and they have access to VA health care in the state.

Pennsylvania law has a statute of limitations that sets deadlines for filing mesothelioma claims. A qualified Pennsylvania mesothelioma lawyer can explain how these deadlines impact your individual case.

You should not rely on any information herein to make a determination about your legal rights. Please speak to an attorney licensed to practice law in your area to best understand your legal options.

Asbestos Exposure in Pennsylvania

Pennsylvania ranks No. 3 in the U.S. for mesothelioma and asbestosis deaths. The state’s high ranking is largely attributed to its naturally occurring asbestos deposits and its industrial history.

There are 37 asbestos deposits located in the eastern and southeastern regions of the state. Four asbestos mines operated in these areas in the early 1900s mining amphibole asbestos fibers.

Products containing asbestos were used in the construction and operation of many factories, plants and other industrial job sites throughout Pennsylvania.

Asbestos was also used in the construction of schools throughout the state. Approximately 11 schools in Philadelphia were shut down during the 2019-20 school year to remediate damaged asbestos products.

Pennsylvania Industries Known for Asbestos Exposure

Ambler: The Asbestos Manufacturing Capital of the World

The town of Ambler, Pennsylvania, was considered the asbestos manufacturing capital of the world for three-quarters of a century.

The first asbestos manufacturing plant in Ambler opened in 1896 and the last one closed down in 1987. Asbestos waste contaminated the town and residents now suffer with high rates of mesothelioma.

Two sites in Ambler, which is located in Delaware County, were added to the U.S. Environmental Protection Agency’s Superfund list: The BoRit Asbestos Site and Ambler Asbestos Piles.

According to a 2006 study by the International Journal of Occupational Environmental Health, some of the country’s highest occurrences of malignant mesothelioma are concentrated in Delaware County, Pennsylvania.

Outside of Ambler, data from the federal Agency for Toxic Substances and Disease Registry shows that workers at job sites in Ellwood City and New Castle, Pennsylvania, experienced dangerous levels of asbestos exposure. Communities surrounding these facilities have become concerned about the health risks.

Law Firms Practicing in Pennsylvania

Pennsylvania residents with mesothelioma should consider a nationwide mesothelioma law firm because their vast experience and reach can’t be matched.

Firms that practice nationwide have tried cases in practically every state. They have firsthand experience in taking on large asbestos corporations.

In 2022, Weitz & Luxenburg secured $43 million for a mesothelioma patient after a jury found Algoma Hardwoods, Inc. responsible for asbestos exposure.

One of the perks of hiring a nationwide firm is that they will come to you if you can’t travel to one of their offices. These firms travel all over the country to meet their client’s needs, and they won’t charge you for their travel expenses.

If your family would benefit from compensation to cover medical bills, lost wages and other financial concerns, then it’s in your best interest to hire a top mesothelioma attorney. These attorneys have the experience to get you the highest compensation for your case.

Asbestos Verdicts Awarded to Pennsylvania Workers

These verdicts are among the highest awarded in Pennsylvania, but the vast majority of mesothelioma lawsuits reach a settlement out of court. Mesothelioma law firms regularly secure mesothelioma settlements at more than a million dollars for their clients.

Additionally, experienced law firms can get six-figure payouts from asbestos trust funds for their clients.

Pennsylvania Asbestos Laws and Regulations

Federal and state laws regulate asbestos in Pennsylvania to protect the public from exposure.

The Pennsylvania Department of Environmental Protection oversees the removal, disposal and transportation of asbestos products. Other departments and laws govern labor laws around the safety of asbestos removal and the management of asbestos lawsuits.

Regulations Governing Asbestos in Pennsylvania

State Departments Overseeing Pennsylvania’s Asbestos Laws

Pennsylvania Laws Affecting Asbestos Lawsuits

A Pennsylvania mesothelioma attorney practicing with a nationwide firm has the training and experience to interpret how these laws impact your case.

Asbestos Litigation Trends in Pennsylvania

Pennsylvania courts have established the following procedures and rulings to manage asbestos litigation within the state.

Evidence of Physical Impairment

Pennsylvania state law allows plaintiffs with nonmalignant asbestos-related diseases to file a second lawsuit and recover damages if they later develop an asbestos-related cancer. In Simon v. Pacor, however, the Pennsylvania Supreme Court ruled that plaintiffs are not entitled to compensation for asymptomatic pleural thickening without physical impairment.

In other words, pleural thickening alone is not enough to bring a claim for asbestos-related injury in Pennsylvania courts. A plaintiff must also have a symptomatic physical impairment in order to commence a lawsuit.

Case Management Orders

Certain procedural rules allow flexibility to facilitate quick resolution of lawsuits. These Case Management Orders are subject to court approval. If the plaintiff or defendant does not offer a Case Management Order, the court sets out its own default order.

For example, the Philadelphia Court of Common Pleas has issued a case management order for all asbestos cases that:

Deferring Punitive Damages

In the late 1980s, Judge Richard Klein of the Philadelphia Court of Common Pleas observed increases in new asbestos case filings. Meanwhile, asbestos case defendants were increasingly declaring bankruptcy and significantly reducing their settlement payments to plaintiffs.

In response, Judge Klein began a practice of separating and deferring consideration of punitive damages while other damages claims in an asbestos case were resolved.

Punitive damages awards, which aim to discourage future wrongdoing, can increase verdicts substantially. Some judges take a view that limiting punitive damages awards leaves more money available to pay other claimants’ actual damages (e.g. medical bills).

Klein’s decision to defer punitive damages eventually became the practice of the court’s Complex Litigation Center, thereby substantially reducing the award of punitive damages.

Several Liability

Recent changes to Pennsylvania law impose several liability on wrongdoers. Several liability is the notion that a person or company is only liable for its portion of harm or damages, and no more. The essential concept is that liability can be shared.

Under this theory, a defendant’s liability is limited to the portion of harm allocated to it at trial. Often, plaintiffs file a claim against multiple asbestos companies. Levels of blame, if appropriate, can be assigned to each defendant after a trial or in a settlement agreement.

Successor Liability

Successor liability is the notion that after a merger or takeover, the new company inherits the obligations of the previous entity.

If Company A buys Company B, and Company B is found to be liable in a future claim, Company A must accept that liability. Pennsylvania law limits the extent to which successor companies are responsible for asbestos liabilities acquired from another company.