In many cases, however, patients who are diagnosed with mesothelioma are entitled to compensation. To file a compensation claim, the patient or the family need a mesothelioma lawyer. Below are three reasons why hiring a lawyer from mesothelioma lawyer directory important.
CompetenceA patient and their family may file a claim to get compensation for mesothelioma. The currently known main cause of mesothelioma is asbestos, a substance that many people are exposed to when they are at work.
To file a claim, one will need the service of a mesothelioma lawyer. A mesothelioma lawyer tends to master the asbestos law, in which the regulations for asbestos are included. Due to being a very specific law practice, prior knowledge and experience are really important.
ExperienceJust like with any other professions, the experience is really important for lawyers. Good mesothelioma lawyers, in particular, usually have years of experience under their belt. They have experience in handling mesothelioma claims. As such, they may be able to settle the patient’s claim faster.
A good mesothelioma lawyer is one who is concerned about his client. He will do what he can do to help his client get them as much amount of claim as possible, as quickly as possible. Of course, only experienced lawyers can do so.
Better Chances to Get the Maximum CompensationAnother reason why to check mesothelioma lawyer directory and hire a mesothelioma lawyer is that with their service, a patient has better chances to get the maximum compensation possible. The opposite is also true. Lawyers who are not specialized in asbestos law have lesser chances to get the maximum compensation for their clients.
Potential Plaintiffs in Mesothelioma LitigationEach year, about 3,000 new cases of mesothelioma cancer related to exposure to toxic asbestos are reported in the United States. Many victims of the rare, aggressive, and deadly form of cancer are entitled to financial compensation from the manufacturers of asbestos products, as well as other defendants who are held liable for the injuries.
However, many mesothelioma-affected workers and their families are unsure of qualifying to file lawsuits against asbestos product manufacturers, employers, and other stakeholders.
Eligible claimants in asbestos and mesothelioma cases may include:
Exposed WorkersAsbestos Mine Workers : Asbestos is a group of natural minerals that is mined from the earth. People who work in the extraction or transformation of asbestos are perhaps the most at risk of developing mesothelioma cancer. By working for many years, or in some cases only a few months, in the vicinity of the asbestos fibers, mine workers can be directly exposed to the toxic materials and develop cancer even 30 to 40 years after the first contact. Breathing or swallowing asbestos fibers is the main cause of mesothelioma.
Construction Workers: Asbestos was used extensively in a variety of construction materials for many years. Therefore, plumbers, electricians, shingle layers, and others in the construction industry are at great risk of developing mesothelioma. Years of using asbestos-containing materials in close relationship, even with proper safety equipment, can result in a deadly form of cancer.
Auto Repair Technicians: Asbestos was used in the brake pads and other parts of the vehicle. Workers who repair cars, including brakes, may have been exposed to the toxic particles and face an increased risk of developing mesothelioma.
Dockers and Shipyard Personnel - Military and civil shipyard workers and dockworkers are also among the most common plaintiffs in mesothelioma litigation. Because asbestos was used in the insulation and other areas of ships, the men and women who built, repaired, and dismantled ships or served on board were frequently exposed to asbestos enough to cause cancer.
Relatives of Exposed WorkersMost people who develop mesothelioma cancer and file lawsuits seeking compensation for their injuries are the workers who were exposed to asbestos on the job. However, family members of exposed workers may also be at risk. Mesothelioma cases have occurred in spouses, children, and others who lived with or in regular contact with exposed workers.
Wives who wash their husbands' work clothes and children who hug their father when he returns home from work, can inhale asbestos fibers in enough quantity to provoke the development of mesothelioma. These mesothelioma cases are particularly heartbreaking and can lead to substantial financial harm for affected family members.
Members of Class SharesSome plaintiffs seek financial compensation for mesothelioma and other asbestos-related injuries in a class action lawsuit and not as individual plaintiffs. Courts are inclined to pass a class action lawsuit against companies that make or use asbestos products linked to mesothelioma if:
- The number of plaintiffs in a class action is so large that the plaintiff accumulation is practical and representative;
- There are common questions of fact or law applicable to the class;
- The claims of the represented plaintiffs are common to those of the other plaintiffs, and
- Representatives will fairly and adequately protect the interests of the class.
- If the plaintiffs are able to establish those elements, a court must approve the class action if:
- There is a risk of creating inconsistent statements if a class action is not certified;
- The defendant has acted in a manner that is generally applicable to the entire class, and
- Common issues of law or fact prevail over other issues.
Asbestos LegislationThe USA. They have passed several laws to regulate the use of asbestos and establish guidelines for the removal and management of asbestos in buildings. Almost one million buildings containing asbestos are estimated to have been built across the country, so the potential for damage is great.
Asbestos Information Act of 1988 (HR 5442). This federal law was intended to facilitate the prompt identification of the manufacturer or processor of a particular type of asbestos or asbestos-containing materials. Lawmakers said earlier identification could help reduce the time and costs associated with identifying parties as defendants in asbestos litigation in which products manufactured or processed by those people were not used in construction that constitutes the subject of the dispute.
The law required manufacturers of asbestos products to file with the US Environmental Protection Agency. (EPA), information on the types or classes of products, the years of manufacture, as well as other identifying characteristics of their asbestos-containing products.
Asbestos continues to pose a serious public health threat, and thousands of people are diagnosed each year with mesothelioma cancer related to asbestos exposure. Those injured should consult with an asbestos and mesothelioma specialist attorney as soon as possible to determine the extent of their potential legal rights.