In a mesothelioma lawsuit, the judge will provide the jury with instructions before deliberations begin. These instructions are known as “jury charges.” Earlier this year, I ran a series of posts about some changes to the jury charges that apply to any New Jersey personal injury lawsuit. That would include any mesothelioma lawsuit.
Well, the New Jersey Supreme Court has again revised the model New Jersey jury charges. This post is the first in a new series respecting the most recent changes.
One of the revisions has particular relevance for any mesothelioma lawsuit. It references a recent New Jersey Supreme Court ruling. The ruling concerned the family members of a mesothelioma victim.
Exposure to asbestos causes mesothelioma. Typically, a mesothelioma victim was a worker in an industry who worked with asbestos.
ASBESTOS WORKER’S FAMILY CAN FILE A MESOTHELIOMA LAWSUIT TOO
However, spouses of asbestos workers can also contract mesothelioma and bring a mesothelioma lawsuit for compensation. For example, an asbestos worker’s clothing can become contaminated with asbestos. The victim’s spouse can contract mesothelioma just from exposure to the worker’s contaminated clothing. (Especially if the spouse is in charge of doing the family laundry.)
Accordingly, since at least 2006, the New Jersey Supreme Court allowed spouses of workers exposed to toxic materials like asbestos to sue if they became ill from such exposure. But the court didn’t explicitly gave a similar right to other family members.
Was that fair? If, say, an as asbestos worker’s daughter does his laundry, why should she be precluded from bringing a mesothelioma lawsuit if she becomes ill?
Fortunately, the New Jersey Supreme Court addressed this issue recently. It ruled that, in certain circumstances, a non-spouse family member of a worker exposed to toxins may indeed sue for compensation.
I agree wholeheartedly with the New Jersey Supreme Court’s ruling. An asbestos victim is an asbestos victim. Period. All should have the right to compensation.