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Mesothelioma Claims: What if the Company Responsible for Asbestos Exposure is No Longer in Business?

Posted by Michael Throneberry | Mar 21, 2024

Mesothelioma, an aggressive form of cancer that affects approximately 3,000 people in the United States yearly, has long been linked to asbestos exposure. For people diagnosed with mesothelioma and their families, pursuing compensation from liable parties is often crucial. Mesothelioma victims and their families often face a lot of damages, including substantial medical expenses, lost wages, and pain and suffering. However, recovering financial compensation after a mesothelioma diagnosis is not always easy. One significant challenge mesothelioma victims and their families face is when the company responsible for asbestos exposure is no longer in business.

Often, mesothelioma is diagnosed decades after asbestos exposure. Mesothelioma can be diagnosed 60 years or more after asbestos exposure. What happens if the company responsible for the asbestos exposure is no longer in business? Such a case can present numerous obstacles to recovering compensation. Fortunately, if the company responsible for you or your loved one's asbestos exposure is no longer in business, there may be legal avenues.

You can still pursue legal action even if the company responsible for your or your loved one's asbestos exposure is no longer in business. However, the process of recovering compensation in a case where the company responsible for asbestos exposure is no longer in business can be challenging. It is advisable to work with an experienced mesothelioma lawyer. An attorney can help you identify other potentially liable parties. This can help you recover compensation from all responsible parties.

Successor Liability

If the company responsible for you or your loved one's asbestos exposure merged with or was acquired by another company, an option you have is holding the successor company liable. According to the successor liability doctrine, a company that acquires another company's assets may also assume the company's liabilities, including those related to legal claims, such as mesothelioma claims. A qualified mesothelioma attorney can help determine if successor liability applies. A skilled lawyer will conduct thorough legal research to determine the laws that apply to your case. A qualified mesothelioma lawyer will help build a strong case and negotiate with the successor company's insurance company. If negotiations are unsuccessful, an attorney will litigate your case in court.

Trust Funds

You may also have the option of filing a trust fund claim. Many companies that manufactured, distributed, or used asbestos-contaminated products faced many asbestos-related lawsuits. Some of these companies filed for bankruptcy because of the mounting legal costs and potential liabilities. As part of the bankruptcy proceedings, these companies created mesothelioma and asbestos trust funds to compensate individuals who have suffered asbestos exposure and developed asbestos-related illnesses. Trust funds are a way of ensuring bankrupt companies continue compensating those they caused to be exposed to asbestos.

There are strict criteria that victims must meet in order to be eligible to recover compensation from a mesothelioma or asbestos trust fund. A qualified mesothelioma lawyer can help determine if filing a trust fund claim is a viable option. They can help ensure you meet the eligibility criteria.

Arizona Mesothelioma Lawyers

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you live a more comfortable life.




About the Author

Michael Throneberry

Attorney Michael Throneberry graduated from Purdue University with a Civil Engineering degree. He then served with the United States Army...

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