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Pennsylvania Asbestos Lawsuits
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Pennsylvania Asbestos Lawsuits

What is Asbestos Lawsuit in Pennsylvania

A Pennsylvania asbestos lawsuit is a type of tort litigation filed to receive financial compensation for an injury or loss from asbestos exposure. Pursuant to Pennsylvania's mesothelioma and asbestos laws, these lawsuits are instituted by employees or residents against manufacturers, distributors, and suppliers of asbestos-containing materials. Asbestos is a fiber material used widely in constructing, mining, and producing some pipe fittings. Though this fiber is highly beneficial, long-term exposure to asbestos poses significant risks to an individual's health. Health problems resulting from asbestos exposure include asbestosis, mesothelioma, lung cancer, and other related terminal diseases that have been attributed to asbestos.

The state of Pennsylvania has a history of asbestos mining and manufacturing. According to statistics, at least 41 asbestos deposits or mines exist in Pennsylvania. As a result of the widespread use of asbestos in shipyards, refineries, power plants, steel mills, and mining operations within the state, many workers are at high risk for developing asbestos-related diseases. As such, the state accounts for one of the highest numbers of asbestos-related illnesses in the country. Hence, instituting asbestos lawsuits allows victims to hold companies accountable and recover lost wages and treatment expenses for asbestos disease.

The Pennsylvania General Assembly Section 7102 (Title 42) outlines the state's regulation on comparative negligence and the procedure for filing asbestos-related lawsuits. The section empowers victims to recover damages and compensation for negligence resulting in death or injury to a person or property. Some state laws applicable to asbestos claims include Pennsylvania Workers' Compensation Act and the product liability law.

Types of Asbestos Lawsuits

There are two main categories of asbestos lawsuits in Pennsylvania: personal injury lawsuits and wrongful death lawsuits.

Personal Injury Lawsuits

Personal injury lawsuits are litigations filed by individuals diagnosed with an asbestos-related disease. The suits are issued against their employers or manufacturers responsible for their asbestos exposure. Usually, this type of litigation serves a dual purpose. First, it holds the defendants (employers) liable for failing to warn or protect the victims from the dangers of asbestos or other liability situations. It also helps the victims obtain compensation for medical bills and other expenses related to their ailment. Also, through this lawsuit, thousands of people can receive payment from manufacturers of asbestos-containing products.

Wrongful Death Lawsuits

Often, persons diagnosed with asbestos-related diseases find out decades after the exposure. Due to its long discovery period and high mortality rate, these victims hardly have enough time to pursue a lawsuit before losing their lives to the disease. Where the victim cannot file the lawsuit to obtain compensation, the law permits spouses or other close relatives of the deceased individual to file wrongful death lawsuits on their behalf. Typically, the relatives can file product liability claims against one or more to obtain compensation.

Meanwhile, Pennsylvania also allows victims to file lawsuits based on the nature and gravity of the illness caused by asbestos exposure. Asbestos diseases are generally classified into malignant and non-malignant diseases. Whereas non-malignant asbestos diseases cause physical impairments to the victims but are not considered terminal, and examples are asbestosis and pleural thickening, malignant asbestos diseases are more life-threatening. An example of this disease is mesothelioma. Based on the state laws, victims may file separate lawsuits for malignant and non-malignant diseases and obtain compensation if they suffer different conditions due to asbestos exposure.

Who Can File an Asbestos Lawsuit in Pennsylvania?

In Pennsylvania, persons who have been diagnosed by a physician to have contracted a physical impairment as a result of asbestos exposure can file a lawsuit to receive compensation. Similarly, relatives of persons who lost their lives to asbestos exposure may file litigation for the deceased. Relatives such as spouses, siblings, children, guardians, parents, and grandparents may file a wrongful death lawsuit on their loved one's behalf if they receive legal authority to do so. It is worth noting that asbestos patients can initiate legal action before their demise, and they may choose to appoint a representative who is not a relative to continue the trial and ensure they get their claim. Regardless of the claimant, there are a few criteria that must be met before filing a lawsuit; these include:

  • Evidence of the individual's diagnosis
  • Document detailing the asbestos exposure history that caused the disease. This includes employment records and detailed descriptions concerning asbestos exposure.
  • Evidence showing that the employer was aware of the dangers of asbestos.
  • Where the defendant is a manufacturer of asbestos-containing material, the claimant must present proof of exposure to products from the company that is sufficient to indict the company.
  • Proof of breach of trust or failure on the part of the employer to take any reasonable practical steps to prevent asbestos exposure.

How to File an Asbestos Lawsuit in Pennsylvania

Once a victim has been diagnosed with a malignant or non-malignant asbestos disease, such a person is permitted by law to file litigation against the companies responsible for their exposure. Usually, filing a lawsuit starts with obtaining and filling out a complaint form which will be submitted to the civil court. The form contains separate, numbered paragraphs in which the plaintiff is expected to fill in the following information:

  • The name and contact details of the plaintiff
  • The specific asbestos condition or injury sustained.
  • The facts surrounding the injuries
  • The company being sued (the defendant)
  • The legal grounds supporting the complaint
  • The amount requested as compensation (damages)

Due to the complexities involved in filling the form, individuals might need to seek the help of asbestos attorneys. Once the complaint has been filed, the defendant(s) will be served a summons to appear in the state court. The defendant(s) will have to respond to the plaintiff by filing an answer. Also, at this point, the legal representatives of both parties share the information about the case with one another. If the defendant accepts liability at this stage, both parties may agree to settle out of court, and this closes the case. But where the defendant refutes the plaintiff's claims, both parties will proceed to trial. At the trial, the plaintiff has to prove that the injury suffered was because the accused negligently exposed them or their relative (in case of wrongful death) to asbestos. If the jury finds their argument convincing, the judge will give a verdict ordering the defendant to pay compensation to the claimant. Nevertheless, the defendant can challenge the court's ruling by appealing the case to a higher court.

How Long Do Asbestos Lawsuits Take?

It is worth noting that every asbestos lawsuit is unique; consequently, some cases may take only a few months, while some may linger for more. Generally, the litigation process involves different stages (complaint filing, pre-trial, discovery, trial, and settlement); the length of each stage determines the overall duration of the lawsuit. For example, during the discovery stage, where both parties share their positions regarding the case, with supporting evidence or arguments, delays could occur due to the time required to collate and present all the needed documents. Asides from the above, other factors that may affect the time frame are the health status of the plaintiff, case complexity, exposure history, the defendants in the case, and the jurisdiction.

The complexity of the case: When a case involves a lot of complexities, it ultimately affects the litigation period. For instance, due to the severity of the ailment on the health of the plaintiff, cases of mesothelioma often involve shorter time frames when compared with other types of litigation. Because this condition is only caused by asbestos exposure, proving the case is usually straightforward. As such, once filed, the mesothelioma claims are fast-tracked to help the victim recover damages faster.

The number of cases before the presiding court: The time frame of a lawsuit may also be influenced by the court where the trial is being held. Where the court has huge caseloads to deal with, trials may experience recurrent delays.

The number of defendants involved in the case: Many defendants often mean more attorneys, more evidence, exhibits, and an increase in the number of court proceedings. This ultimately affects the duration of the case in court.

Asbestos Class Action Lawsuits in Pennsylvania

An asbestos class action is a civil suit filed by multiple persons with similar injuries against the same defendant. When a group of people comes together to file a joint claim (personal injury or wrongful death), they can select representatives (usually one or a few more) to stand as the plaintiff on behalf of the group in court. However, before a group can file a class-action suit, the court must review and ascertain that there are similarities in the claims of the individuals before permitting the group to present its case as a "class". Though this type of lawsuit is an efficient way to help victims of asbestos exposure (especially persons from the same worksite) access compensation, when initiated, each individual in the group loses the right to file a personal suit and is bound by the decision of the court.

Asbestos Lawsuit Statute of Limitations in Pennsylvania

In Pennsylvania, the statute of limitations for filing an asbestos lawsuit is two years from the date the victim discovered the disease. According to Pennsylvania General Assembly Chapter 55, an individual can take action to recover damages for personal injury or wrongful death caused by exposure to asbestos within two years from the date of being diagnosed by a licensed physician. Once the time frame elapses, victims will lose all legal rights to demand compensation.