For individuals who have been exposed to asbestos, mesothelioma is considered the most common disease of such exposure. Unfortunately, a diagnosis of mesothelioma may not even be possible until 10-50 years after the individual has been exposed to asbestos. People who worked in areas that required asbestos management, those who worked nearby, and even family members who were exposed to the clothes that were brought home after working in such conditions are likely to be sick with the disease.
Mesothelioma is a type of cancer that develops in the lining that covers the outer surface of some of the body's organs (mesothelium). It is usually related to exposure to a material used in construction called asbestos.
Workers in virtually every branch may have been exposed to asbestos fibers during work. Drywall installers, electricians, firefighters, auto mechanics, and many other occupations may be at risk.
Mesothelioma treatments are available, but for many people with mesothelioma, there is no cure. Doctors divide mesothelioma into different types depending on what part of the mesothelium is affected.
Mesothelioma most often affects the tissue around the lungs (pleura). This type is called pleural mesothelioma. Other less common types of mesothelioma affect tissue in the abdomen (peritoneal mesothelioma), around the heart, and around the testicles.
We know that asbestos also known as asbestos causes the majority of pleural mesothelioma cases. Asbestos has been used in a wide variety of products, mainly in construction materials (roofing tiles, floor tiles, paper products and asbestos cement products).
Other asbestos-containing materials include: friction products (automobile clutch, brakes, transmission components), thermo-resistant textiles, packaging, packaging and coatings, personal protective equipment, paints, vermiculite or talc products, etc. It has also been detected as a contaminant in some foods.
The tiny fibers of asbestos easily lodge in the lungs, where they get stuck, damaging the lungs over time. It usually takes a while for this to cause particular problems, mesothelioma typically develops more than 20 years after exposure to asbestos.
Unfortunately, too many people diagnosed with mesothelioma, lung cancer, or another asbestos exposure-related illness die soon after. Families can be left to face mountains of medical and funeral bills as they deal with the pain of losing a loved one.
For these family members, it may still be possible to recover the compensation their loved one deserved for their exposure to asbestos decades ago.
How Mesothelioma Would Affect the FamilyThe emotional stress and suffering you have already endured have probably had a rippling impact on your entire life. From the medical costs to the inability to do his job effectively, he has endured the financial repercussions of the death of a relative. Consequently, the responsible corporation (s) should be obliged to pay you for the damages it has caused. That is why you have the right to seek compensation for your distress.
Beyond the lost wages of the deceased, their ability to live their lives has been significantly altered. This chain of events has occurred due to the intentional negligence or malice of corporations that must be held liable.
That is why it is so important that you and your family act now and seek what is rightfully yours. You don't have to let this tragedy make you a victim twice. The loss you now have to live with is painful enough. It is time for you to act and seek the justice you deserve.
Families can seek settlements or other compensation efforts through a variety of legal means. The goal here is to create evidence that both the deceased victim and their family have suffered pain, suffering, and financial loss as a result of mesothelioma or another asbestos-related illness.
Common areas of injury include the following:
♦ Medical / treatment expensesYour family member's medical costs related to a diagnosis of mesothelioma or an asbestos-related illness were likely very high. For many families these bills may not be fully covered by their insurance. As a result, they are left with unpaid charges that can affect their credit and other financial elements of their lives.
♦ Mortgage / Utilities / Other BillsWhen a home is financially affected by an asbestos related illness or disease, the results can be devastating. This means that mortgages, credit cards, or utility bills can go unpaid. You are entitled to receive a cash settlement amount that includes enough to offset these costs, late payment charges, and related financial damages resulting from loss of family income.
♦ Emotional painWhile emotional pain is not as measurable as financial damage, it is the real crux of what you are experiencing. Your emotional anguish, pain and suffering carry with you throughout your life. This type of suffering must not be compensated or unrecognized by those responsible, and a jury can measure the value of their loss.
In general, the legal process for a wrongful death lawsuit related to mesothelioma or asbestos exposure begins with a thorough investigation by various investigators and attorneys, and through interviews with the client.
Claims are filed once the best options are determined. These claims can be made in different states, depending on the location of the different company offices involved with the exhibition. The state in which you are likely to obtain the most favorable settlement is where you should make your claim. From there, your case could go to court or settle.
What Type of Lawyer Is the Best to Handle These Types of Cases?When trying to decide on the right lawyer to handle your Mesothelioma claim, there are certain things that should be kept in mind. You should know that not all attorneys are qualified to handle these cases. The attorney selected should be one who deals specifically with mesothelioma cases and who has had successful results in these types of cases.
Mesothelioma cases can be very difficult, and many times, can lead to an appeal. That is why it is crucial in such situations that you select a mesothelioma attorney who has the ability to see the case from start to finish. This means that the same attorney must handle all the necessary legal information, take the case throughout the trial phase, and even see through the appeal phase, if necessary.
Compensation for MesotheliomaIf you think you have a case for a lawsuit for an illness caused by asbestos exposure, here is what you need to know.
Mesothelioma tends to develop 10 to 40 years after exposure to asbestos. State laws called statutes of limitations generally give people one to five years (depending on the state) from the diagnosis or discovery of mesothelioma to file a lawsuit. However, it is important to act promptly. In some states, including California, Tennessee, and Louisiana, the statute of limitations covers just one year from diagnosis.
If a mesothelioma victim has already passed away, their spouse and other heirs generally have between one and three years from the date of death to file legal action for wrongful death. This can also result in the recovery of substantial monetary damages.
Mesothelioma victims cannot file or participate in class action lawsuits because each person's medical history and prognosis are different, so they must file individually.
How long does a case of asbestos (asbestos) or mesothelioma last?Most mesothelioma cases are settled before reaching a jury (meaning that the parties agree, out of court, on the amount of money and damages the victim will get). If you have collected all the data about your medical condition and work history, your lawyer works efficiently and there is an easily identifiable payment source, (such as an insurance company or an asbestos victim trust fund) you can get your money in less than one year from the filing date of your claim. But in other situations, where the amount of monetary damages depends on going to trial (or at least threatening to do so), it can take two years or more.
How much can i get backIt is difficult to calculate the amount of money you can receive as compensation for mesothelioma. Some cases lead to agreements or awards of juries by the millions, while other similar settle for much less. This is because, over the years, many companies that manufactured or installed asbestos closed or went bankrupt, which in turn has led to courts requiring large funds to be set aside to compensate future victims. Some of these funds are still large enough to pay all claims in full. Other funds have been depleted to the point that there is much less available, so settlement amounts must be rationed.
In addition to the fund available to pay victims; the illness, and the affectation of each individual are important to reach an agreement or verdict of the jury. The dollar amount of wages lost due to illness, the cost of medical expenses, and (generally) the degree of pain and suffering of the victim are key factors in putting a dollar value on a particular case.
A third factor in estimating the amount of money to be recovered is time. When cases are resolved relatively quickly, the amount recovered tends to be significantly less than if your attorney were to wait to present your case to a trial court. However, preparing and executing a trial can take several years, while settlements can often be organized in a year or less. For this reason, many seriously ill plaintiffs prefer a relatively quick settlement. This is especially true when they learn that some attorneys charge substantially more when a case goes to trial.
Asbestos and MesotheliomaExposure to asbestos can cause several different types of serious illness: mesothelioma cancer, lung cancer, and asbestosis. These diseases cause pain and suffering; Mesothelioma is incurable.
The effects of asbestos exposure can take decades to develop. People who were exposed to 20-40 years ago are developing mesothelioma.
What You Need to Know to Protect Yourself and Your FamilyExposure to asbestos can be from the workplace, home improvement and repair products, auto parts, or from indirect exposure, such as asbestos dust on clothing.
Asbestos is a natural mineral bound in fibers. It is heat resistant and strengthens the material when mixed. It has been used to coat heaters and boilers, to insulate pipes, and as a key material in auto parts such as brakes and clutches. It has also been used in flooring titles, roof tiles, caulking, and joint compounds.
The danger is that when asbestos-containing products are cut, sanded, or filed, they produce a powder that contains asbestos fibers. The fibers are so small that they cannot be seen but can be inhaled.
Asbestos fibers lodge in the body and cause scarring of the lungs and protective tissues that surround the lungs, heart, and other internal organs. The body reacts to these fibers and cancer can develop.
Types of Mesothelioma and Their EffectsThere are three different types of mesothelioma, defined by the part of the body that attacks cancer.
Pleural mesothelioma develops in the lining of the lungs. The pleura is the membrane that surrounds the lungs and allows them to expand and contract without touching the inner wall of the chest. Pleural mesothelioma reduces that protection and makes breathing difficult and painful. This is the most common form of mesothelioma.
Peritoneal mesothelioma develops in the abdomen, which is also protected by a layer of pleura. Cancer that develops here can cause the liver, pancreas, or other organs to fail.
Pericardial mesothelioma affects the pericardium, the layer of pleura that protects the heart from the rib cage. It reduces that protection, causing chest pain, shortness of breath, and possible heart failure.
Certain Occupations Carry an Increased Risk of Exposure to AsbestosThose at greatest risk are workers in jobs that require handling, cutting, sanding, or filing of asbestos-containing products. These works include:
- Automotive mechanic
- Construction Traders
- Power plant operators
- Steel workers
A worker does not actually have to handle the products. He or she risks exposure simply by being in an area where asbestos is present. These areas include:
- Assembly lines
- Auto repair shops
- Construction sites
- Energy plants
- Navy boats
Important steps to takeMedical tests are necessary to confirm a diagnosis of mesothelioma. If you are diagnosed with mesothelioma, you should contact an attorney to represent you.
There are several reasons to start your case as soon as possible. Your claim depends on factors such as the type of cancer you have, where and how you were exposed, and the circumstances involved. Many states have a statute of limitations regarding claims. Most are based on the date of diagnosis.
Your claim may be for pain and suffering, medical expenses, wrongful death, and loss of income due to inability to work. You can also claim damages for the effects on your spouse and loved ones. Mesothelioma not only hurts the patient; the whole family suffers.
How to Get Mesothelioma CompensationYou need to hire an experienced attorney who can guide you through the development of a case, build the necessary paperwork, and secure the compensation you deserve for the damage they caused you.
Legal Claims for Mesothelioma CompensationSince asbestos-related illnesses are caused by the negligence of others and could have been prevented, victims have the right to file a mesothelioma lawsuit and be compensated.
Although the asbestos laws and regulations in many other countries around the world started more than 35 years ago, many people continue to file claims for mesothelioma compensation.
Almost all of these victims, and new victims being diagnosed, have worked somewhere that has exposed them to asbestos on a daily basis.
If you or a loved one was diagnosed with mesothelioma, or asbestos-related lung cancer, or asbestosis, you may be entitled to substantial compensation.