Question 1

Who Can File an Asbestos Lawsuit?

Accepted Answer

Anyone diagnosed with an asbestos-related disease — including mesothelioma, asbestosis, lung cancer, laryngeal cancer, or pleural disease — can file an asbestos lawsuit, as can the surviving spouse, children, or estate representative of a deceased victim. The plaintiff must establish that they were exposed to asbestos or an asbestos-containing product, that the exposure caused a diagnosed disease, and that the responsible party failed to warn or remove the hazard. Cohen, Placitella & Roth represents asbestos victims in Philadelphia, throughout Pennsylvania and New Jersey, and nationwide.

Question 2

What Is the Statute of Limitations for an Asbestos Lawsuit in Pennsylvania?

Accepted Answer

Pennsylvania imposes a two-year statute of limitations on asbestos personal injury claims under 42 Pa. C.S. § 5524, measured from the date the disease is diagnosed or reasonably should have been discovered, not the date of exposure. For wrongful death claims, the two-year clock under 42 Pa. C.S. § 8301 runs from the date of death. Because asbestos diseases have latency periods of 20 to 60 years, the discovery rule is critical — preserving medical records and pathology reports as soon as a diagnosis is made protects the claim.

Question 3

What Is the Statute of Limitations for an Asbestos Lawsuit in New Jersey?

Accepted Answer

New Jersey applies a two-year statute of limitations to asbestos personal injury claims under N.J.S.A. 2A:14-2, measured from the date the asbestos-related disease is diagnosed. Wrongful death claims in New Jersey are governed by N.J.S.A. 2A:31-1 and must be filed within two years of the date of death. New Jersey courts apply the discovery rule, meaning the clock does not start until the victim knew or should have known the injury was caused by asbestos exposure. Cohen, Placitella & Roth's Red Bank and Cherry Hill offices handle New Jersey asbestos litigation.

Question 4

Can I Sue My Employer for an Asbestos-Related Disease in Pennsylvania?

Accepted Answer

Yes, in many cases. Pennsylvania's Workers' Compensation Act normally bars employees from suing their employers for work-related injuries, but the Pennsylvania Supreme Court created a narrow exception for occupational diseases — including asbestos-related illness — that manifest more than 300 weeks after the employee's last day of employment. In those cases, the employee may pursue a civil lawsuit directly against the employer. Asbestos victims can also sue product manufacturers, premises owners, and contractors regardless of the 300-week rule. An asbestos attorney can identify every viable defendant.

Question 5

What Diseases Qualify for an Asbestos Lawsuit?

Accepted Answer

Diseases that qualify for an asbestos lawsuit include mesothelioma (pleural, peritoneal, pericardial, and testicular), asbestosis, non-mesothelioma lung cancer, laryngeal cancer, and pleural disease such as pleural plaques, pleural thickening, and pleural effusion. The Centers for Disease Control and Prevention and the World Health Organization recognize asbestos as a Group 1 human carcinogen. Diagnosis must be confirmed by a qualified physician through imaging, biopsy, or pathology. Cohen, Placitella & Roth has handled cases across the full spectrum of asbestos diseases for more than three decades.

Question 6

What Evidence Is Needed to Prove an Asbestos Lawsuit?

Accepted Answer

An asbestos lawsuit requires two categories of evidence: proof of injury and proof of exposure. Proof of injury is established through medical records, pathology reports, imaging, and treating-physician testimony confirming an asbestos-related diagnosis. Proof of exposure typically comes from employment records, union records, co-worker depositions, military service records, and product identification — establishing when, where, and how the victim contacted asbestos-containing products. Cohen, Placitella & Roth maintains an in-house investigative team and a database of asbestos-containing products developed over decades of litigation.

Question 7

How Does an Asbestos Bankruptcy Trust Fund Claim Work?

Accepted Answer

Asbestos bankruptcy trust funds were created when asbestos manufacturers — including Johns-Manville, Owens Corning, and many others — sought bankruptcy protection and were required by the courts to set aside money to compensate present and future victims. More than $30 billion remains available across active trusts. Claimants submit proof of an asbestos-related diagnosis and exposure to the trust's products; payment is calculated by formula based on disease severity and the trust's current payment percentage. Trust claims are typically paid faster than civil lawsuits and can run on parallel tracks alongside litigation against still-solvent defendants.

Question 8

How Long Does an Asbestos Lawsuit Take?

Accepted Answer

An asbestos lawsuit typically takes 12 to 24 months from filing to resolution, though many cases settle sooner. Mesothelioma cases are often expedited due to the terminal nature of the disease — many courts, including those in Philadelphia and New Jersey, grant preference dockets that move mesothelioma trials to the front of the calendar. Bankruptcy trust claims usually pay within 6 to 12 months after submission. Settlements with civil defendants are typically distributed within 60 to 90 days of final agreement. CPR's litigators move aggressively to compress these timelines for living plaintiffs.

Question 9

Can Family Members File an Asbestos Lawsuit After a Loved One Dies?

Accepted Answer

Yes. In Pennsylvania, the personal representative of the estate may file a wrongful death and survival action under 42 Pa. C.S. § 8301 within two years of the date of death; statutory beneficiaries include the surviving spouse, children, and parents. In New Jersey, the executor or administrator files under N.J.S.A. 2A:31-1. Surviving family can also file claims against asbestos bankruptcy trusts on behalf of the deceased. Cohen, Placitella & Roth has secured wrongful death recoveries for families across Pennsylvania, New Jersey, and nationwide.

Question 10

Where Was Asbestos Most Commonly Used in Philadelphia?

Accepted Answer

In Philadelphia, asbestos was most heavily used at the Philadelphia Naval Shipyard, regional manufacturing plants, refineries, power plants, and the construction industry. Older Philadelphia buildings — schools, hospitals, commercial properties, and row homes — frequently incorporated asbestos in insulation, pipe wrap, floor tile, ceiling tile, and roofing materials. Trades with the highest documented exposure include pipefitters, boilermakers, insulators, electricians, laborers, and Navy veterans. Cohen, Placitella & Roth's Philadelphia office at 2001 Market Street has represented workers from every one of these industries.

Question 11

How Can I Contact a Philadelphia Asbestos Lawyer?

Accepted Answer

You can contact Cohen, Placitella & Roth's Philadelphia asbestos lawyers by calling (888) 572-7388 or by visiting the firm's Philadelphia office at 2001 Market Street, Suite 2900, Philadelphia, PA 19103. Free consultations are available for asbestos exposure, mesothelioma, asbestosis, and asbestos-related lung cancer cases. The firm handles cases on a contingency basis, meaning no fee is owed unless a recovery is obtained.

Question 12

How Can I Contact a New Jersey Asbestos Lawyer?

Accepted Answer

Cohen, Placitella & Roth maintains two New Jersey offices for asbestos cases. The Red Bank office is located at 127 Maple Avenue, Red Bank, NJ 07701, reachable at (732) 747-9003. The Cherry Hill office is at 601 Longwood Ave, Suite A, Cherry Hill, NJ 08002, reachable at (856) 528-8688. Both offices offer free consultations and represent asbestos victims throughout New Jersey, including former workers from refineries, shipyards, power plants, and industrial facilities.

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