Mesothelioma is more than a devastating medical diagnosis; it is a civil justice issue. When asbestos exposure occurs because a manufacturer, contractor, employer, or property owner chose profits over safety, Massachusetts law empowers victims and their families to demand accountability. Our Boston mesothelioma lawyers at Jeffrey Glassman Injury Lawyers have spent decades enforcing those rights in Boston and across the Commonwealth, securing the compensation clients need to cover treatment, support their families, and hold corporate wrongdoers to task.
Why Mesothelioma Cases Are Distinct
Mesothelioma develops only after exposure to asbestos fibers, and it can take 20–50 years for symptoms to surface. The long latency period means that victims are often retired, their employers are long gone, and key witnesses are challenging to locate. Massachusetts courts nonetheless recognize that victims did not know, and could not have known, about the disease until diagnosis. Consequently, the three-year statute of limitations for personal injury suits does not begin to run until the date a reasonable person would connect the illness to asbestos exposure. This “discovery rule,” codified in M.G.L. c. 260, § 2A, protects your right to sue even decades after exposure occurred.
Massachusetts’ Legal Framework for Asbestos Accountability
Massachusetts relies on a blend of state and federal regulations to establish the legal framework for asbestos cases:
- State Oversight. The Department of Environmental Protection (MassDEP) regulates asbestos removal, licensing, and disposal. Contractors who violate MassDEP’s stringent abatement rules create evidence of negligence that your lawyer can use to prove fault.
- Federal Standards. OSHA and the EPA impose workplace exposure limits and material-handling requirements nationwide. Non-compliance often supports strict liability or negligence theories in Massachusetts courts.
Because asbestos regulations evolved over the decades, pinpointing which rules the defendant broke and when is vital. Our firm maintains an extensive regulatory archive that matches specific work sites, shipyards, power plants, and public buildings to the standards in force during exposure.
Your Civil Causes of Action
Victims (or their estates) may assert several complementary claims:
- Negligence and Gross Negligence. Demonstrating that the defendant failed to act as a reasonable manufacturer, contractor, or premises owner under the circumstances.
- Strict Product Liability. Proving the asbestos-containing product was unreasonably dangerous when it left the defendant’s control, regardless of negligence.
- Breach of Warranty (M.G.L. c. 106, Art. 2). Holding sellers accountable when asbestos-laden equipment or building materials violated the implied warranty of merchantability.
- Consumer Protection (M.G.L. c. 93A). Seeking treble damages and attorneys’ fees where deceptive trade practices magnified the hazard.
Selecting and sequencing these counts is a strategic approach. For example, a strict-liability finding may make the negligence analysis unnecessary, expediting judgment and reducing defenses. Still, it can be wise to plead both to preserve every avenue to recovery.
Statutes of Limitations and Repose
- Personal Injury: Three years from diagnosis or discovery of asbestos causation (M.G.L. c. 260, § 2A).
- Wrongful Death: Three years from the date of death, with damages—including punitive damages—governed by M.G.L. c. 229, § 2.
- Workers’ Compensation: Typically, four years from when the employee learned that the occupational disease was work-related (M.G.L. c. 152).
- Statutes of Repose: Massachusetts’ six-year repose for construction defects (M.G.L. c. 260, § 2B) often does not bar asbestos suits because the disease manifests long after the repose period ends; courts regularly allow discovery-rule claims to proceed.
Missing a deadline can extinguish your rights forever, so immediate legal action after diagnosis is crucial.
Identifying Potentially Liable Parties
Asbestos litigation is notoriously complex because multiple defendants may share responsibility. Common targets include:
- Producers of insulation, gaskets, cement, floor tiles, brakes, and boilers.
- Contractors who installed or removed asbestos without proper safeguards.
- Employers, shipyards, power plants, refineries, and universities, whose safety lapses exposed workers.
- Successor corporations that inherited liabilities through mergers or acquisitions.
- Property owners who failed to warn tenants, students, or maintenance crews about defective materials.
Thorough investigation uncovers payroll records, blueprints, union logs, shipping manifests, and safety audits that tie each defendant to the exposure.
What Damages Are Available?
Massachusetts juries may award the full spectrum of compensatory damages:
- Medical Costs for diagnosis, surgery, chemotherapy, immunotherapy, travel, and palliative care.
- Lost Earnings and Benefits, including pension reductions.
- Pain, Suffering, and Mental Anguish for the victim’s shortened life expectancy.
- Loss of Consortium for spouses deprived of companionship.
- Punitive Damages (minimum $5,000) in wrongful-death actions when the conduct was willful, wanton, or reckless.
Recent verdicts and settlements nationwide average $1 million to $11.4 million, underscoring the financial stakes.
Bankruptcy Trust and VA Benefits
Dozens of former asbestos manufacturers created bankruptcy trusts that still pay valid claims, often within six to twelve months, without requiring you to relinquish your right to sue solvent defendants. Veterans may pursue VA disability ratings and special-mission trust funds while simultaneously litigating in state court. A coordinated strategy maximizes all sources and prevents unintended offsets.
Workers’ Compensation vs. Civil Suit
Massachusetts workers’ compensation provides medical care and partial wage replacement but does not cover pain and suffering. Additionally, workers cannot sue their direct employer outside the workers’ compensation system, yet they can sue third parties—such as product manufacturers—whose negligence contributed to their exposure. Coordinating filings helps avoid double recovery and ensures that liens are properly negotiated.
Practical Steps to Preserve Your Civil Rights
- Secure an Accurate Diagnosis. Comprehensive pathology and occupational histories link your disease to asbestos and establish latency.
- Document Work and Exposure Sites. List every employer, naval ship, school renovation, or home project where asbestos was present.
- Locate Witnesses Quickly. Coworkers’ depositions can substitute for lost records.
- Preserve Evidence. Keep respirators, clothing, or product fragments—modern testing can confirm the presence of asbestos content.
- Retain Experienced Counsel. Mesothelioma cases require a law firm with extensive investigative resources, a national network of experts, and a proven track record of achieving seven-figure recoveries.
Frequently Asked Questions
Q: “What if I smoked?”Smoking does not bar recovery. Courts apportion fault, but asbestos defendants remain liable for their share of the harm.
Q: “Can I file in Massachusetts if the exposure occurred in another state?”Massachusetts courts generally have jurisdiction if a defendant conducts business here or resides in the Commonwealth. We also partner with co-counsel nationwide when another venue is more strategic.
Q: “How long will the case take?”Trial courts often expedite mesothelioma cases, setting trials within 12 to 18 months. Trust-fund payments can arrive sooner.
Take Action Today
Every day you wait narrows the evidence trail and brings the statute-of-limitations clock closer to zero. If you or a loved one has been diagnosed with mesothelioma, call Jeffrey Glassman Injury Lawyers at (617) 777-7777 or contact us online for a free, confidential consultation. We will safeguard your civil rights, pursue every dollar of compensation Massachusetts law provides, and stand with your family at every step of the journey.