(Mar 30, 2023)
However, the good news is that Mesothelioma patients can seek compensation if they have reasons to believe that they contracted the infection from occupational asbestos exposure.
If you or your family member has Mesothelioma, it is essential to hire a qualified asbestos lawyer to help you file a lawsuit and receive compensation.
Read on to understand how to find an asbestos attorney and what can affect your lawsuit.
But First: What Is Mesothelioma?
It is a type of cancer that affects the thin tissue lining covering most internal body organs. The condition is usually prevalent on the lungs, abdomen, testicles, and heart linings.
Types of Mesothelioma
Doctors generally classify Mesothelioma into four groups, depending on where the tumor forms. They include:
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Pleural Mesothelioma - It affects the tissue linings of the lungs and accounts for 75% of all cases.
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Peritoneal Mesothelioma - It affects the tissue linings of the abdomen and accounts for less than 20% of known cases.
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Pericardial Mesothelioma - It affects the soft tissues around the heart and accounts for 1% of Mesothelioma cases.
- Testicular Mesothelioma - It affects the inner lining of the testes and accounts for less than 1% of all known cases.
Symptoms of Mesothelioma
Mesothelioma has varying symptoms, and doctors sometimes misdiagnose the condition. Typically, symptoms may develop over time, taking up to 20 years to manifest.
Symptoms of Mesothelioma Include:
- Chest pains
- Difficulty breathing
- Fatigue
- Sweating at night
- Loss of appetite
- Swollen fingerprints
- Dry coughs
- Nausea
- Severe weight loss
- Abdominal pain and swelling
- Diarrhea/constipation
Causes and Risk Factors of Mesothelioma
Like other forms of cancer, Mesothelioma begins through changes in the cell structures. Thus, the affected cells can grow and multiply abnormally, leading to tumors.
Although it isn’t clear what causes the variation in cell structures, doctors link the condition to several risk factors as follows:
Exposure to Asbestos
Asbestos exposure is the leading cause of Mesothelioma.
Asbestos is a natural element that occurs in the environment. Because of the intense heat resistance, asbestos has a wide-ranging application in flooring, insulation, brakes, and other construction materials.
As a result of the breakdown of asbestos materials, some dust may be released. If you inhale or swallow the dust unknowingly, it may settle in your lungs or abdomen and cause Mesothelioma.
Most people who inhale asbestos dust or fibers work as:
- Navy veterans
- Asbestos miners
- Shipyard workers
- Electricians
- Plumbers
- Pipefitters
- Demolition workers
- Brake mechanics
- Firefighters
- Construction workers
Living with Someone Exposed to Asbestos
People who work in an environment with asbestos may carry the fibers on their clothes or skin without knowing it. If you interact frequently or live with such people, you may be at risk of developing the condition. Therefore, it is advisable for people who work in environments where asbestos is present to change their clothing and take a bath before leaving work.
Family History
According to Mayo Clinic, your family history may influence the risk of developing Mesothelioma. For instance, if your siblings or parents have Mesothelioma, you stand a higher chance of having the disease.
Mesothelioma Diagnosis
Doctors may use several procedures to detect Mesothelioma, but a biopsy is the surest test to confirm the condition. An early diagnosis of the cancerous disease in its initial stages may increase your eligibility for many treatment options that may increase your lifespan.
Below are Common Diagnosis Procedures:
Imaging Scan
A doctor may conduct a chest X-ray to identify any abnormalities in the lungs and other internal organs. The doctor may recommend detailed imaging techniques such as CT scans and MRIs if you have abnormal growth.
Biopsy
A biopsy is the standard test for confirming a Mesothelioma diagnosis. The procedure involves inserting a scope inside the chest to retrieve a sample of the affected tissue. Doctors can then examine the tissue to identify the existence of cancer cells.
Treatment Options
There are many treatment options for Mesothelioma. Depending on your health condition and how far cancer has spread, the doctor may prescribe what best suits your needs. Unfortunately, for most patients, the cancer is in its advanced stage, which requires managing the symptoms to prolong the life span.
Chemotherapy
It is the most common treatment and involves using specialized drugs to stop cancer cells from growing or multiplying. A doctor may administer chemotherapy orally, injecting it into the veins or directly into the cancer cells. Depending on your condition, the doctor may use one or a combination of chemotherapy drugs.
Radiation Therapy
This type of therapy uses high-energy radiation to kill cancer cells and prevent them from further growth. Radiation therapy may be internal or external.
Internal radiation involves placing radioactive substances directly into the area around the cancerous cells. On the other hand, external radiation involves emitting radiations from a device outside the body, where they travel to the cancer spot.
Surgery
Sometimes, doctors may perform a specialized surgery to remove cancerous areas if you have Mesothelioma. Surgery may involve removing tissues surrounding the lung area, removing an entire lung, or using specialist techniques to prevent fluid build-up around the lungs.
Prevention
You can prevent Mesothelioma by reducing your exposure to asbestos. In addition, having information about how to stay safe from asbestos exposure will help keep Mesothelioma at bay.
Here are some guidelines to prevent Mesothelioma:
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If you use asbestos products at work, follow safety guidelines such as wearing protective equipment to prevent occupational exposure.
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Beware of materials that may contain asbestos in old homes. When renovating, consider hiring a professional asbestos removal company to dispose of products before you begin work.
- If you suspect an exposure to asbestos at work or home, consult a doctor for diagnosis and treatment before symptoms manifest.
How To Find the Right Attorney for a Mesothelioma Lawsuit
Asbestos cases are among the most complicated, especially because Mesothelioma can take up to 40 years after exposure to display symptoms. Hiring an experienced asbestos attorney means you’ll have access to information about asbestos lawsuits, so you figure out how to sue the company responsible.
A good asbestos lawyer should have the following qualifications:
Proven Experience
The attorney should have proven experience handling asbestos lawsuits, filing cases, and representing various families in court. In addition, a qualified asbestos attorney understands the federal and different state laws governing asbestos usage.
Access to Asbestos Resources
When filing your lawsuit, you require up-to-date information about companies that manufacture asbestos-related products. Therefore, your attorney should have unlimited access to databases of most companies that deal in asbestos manufacturing. If you want to retrieve critical information about your company, the resources will help.
Knowledge About Compensation
A good attorney should know how to estimate your possible compensation depending on your condition and former employer. For instance, some law firms may have military veterans who help affected veterans determine their legal claims through the Veterans Affairs office.
Efficient Communication
Communication is vital when pursuing an asbestos lawsuit. Thus, when hiring an attorney, consider if they have efficient communication channels with their clients. A qualified attorney should answer your queries promptly and address your concerns.
A Network of Experts
Asbestos lawsuits may involve experts across various fields such as mining and health care. Therefore, a professional asbestos attorney should have a vast network of professionals to facilitate the case. For instance, if you require a medical review, you should easily schedule an appointment with a Mesothelioma doctor through your attorney.
How Can an Attorney Help You?
An attorney can help you navigate the complex legal procedure to ensure success with your case.
An attorney’s roles may include the following:
- Collecting evidence such as medical treatment history.
- Helping you determine the proof of liability.
- Filing a lawsuit.
- Negotiating settlement
- Representing you in court proceedings.
How Much Compensation Can You Receive?
The amount you’ll receive depends on the extent and nature of your exposure, the evidence before the court, and the level of illness. After settling your attorney’s fees and other expenses, you’ll receive your final payout.
On average, you can receive between $1 million to $1.5 million as compensation for asbestos-related complications. Since legal claims are different, some settlement claims can exceed $1 million.
In 2018, for instance, a jury verdict awarded $117 million to a Mesothelioma patient in New Jersey. Besides the whopping award, the compensation also included $80 million for punitive damages to the patient.
Types of Claims
Asbestos attorneys help clients by filing different lawsuits that meet their clients’ needs. Therefore, it is vital to file a legal suit that meets your unique needs to increase your chances of compensation.
An attorney can help you file any of the following claims:
Wrongful Death
If a member of your family dies from Mesothelioma, you may sue the company responsible for the asbestos exposure for the wrongful death of your relative. The courts will evaluate the case for evidence that the company manufactured, used, or distributed products that contained harmful asbestos. In turn, you can get compensation on behalf of the deceased to cater to the funeral and other expenses.
Filing a wrongful death lawsuit requires a personal representative such as a spouse or family member whose name lawfully appears in the deceased person’s will. If you don’t have a personal representative, the court can appoint an estate representative on behalf of your deceased relative.
Mesothelioma Trust Fund
The trust fund exists solely to compensate Mesothelioma victims if their suing company is bankrupt. If you are a victim of Mesothelioma, you can file a claim for the fund through an asbestos attorney. The attorney will help you collect evidence to prove your asbestos exposure.
Besides victims of direct exposure, the fund is also available for people who use asbestos products, family members who encounter secondary exposure, and family members who lose their loved ones through Mesothelioma.
Personal Injury
Most Mesothelioma cases result from companies’ failure to protect workers from asbestos exposure. Therefore, if you are a victim of Mesothelioma, you can file a claim for personal injury.
You can sue the company responsible for asbestos exposure and receive compensation for cancer treatment through a personal injury lawsuit. Depending on your condition, the process may last several months until you receive your compensation.
Timeline for Filing a Lawsuit
If you wish to file a lawsuit for asbestos injury or illness, you shouldn’t delay because different states have a set timeframe for filing lawsuits. Generally, most states require affected parties to file a lawsuit within three years after a diagnosis or after developing Mesothelioma. If you fail to file your claim within the lawful time, you may lose compensation for your injury and illness.
What Can Impact the Lawsuit?
When filing an asbestos lawsuit, you may encounter limitations depending on your case. Such limitations, if not addressed, may hamper your legal suit and deny you compensation.
Common limitations include:
Statute of Limitation
A statute of limitation refers to when you should file an asbestos lawsuit. Different states have different statutes of limitations, although most begin from the date of your diagnosis. However, a statute of limitation may start from the victim’s day of death for wrongful death lawsuits.
As previously mentioned, statutes of limitations may range from 1 to 3 years, with some extending to 6 years. If you wait too long after diagnosis, the courts may have justifiable reasons to deny your claims. You may still file your claim in a different state if you worked in multiple states during your exposure.
The best approach is to consult your asbestos attorney to help you understand how different states apply their statutes of limitations.
Proof of Occupational Exposure
Most incidences of asbestos exposure occur many years after exposure. As a result, it is sometimes difficult to recollect and verify the patient’s exposure. The challenge becomes pronounced if the victim dies before settling the claim.
It is equally complex to trace medical and work records to prosecute the case.
Insufficient Witness Testimony
The most crucial witness in an asbestos lawsuit is the Methoselioma patient. If the victim dies or cannot testify owing to critical illness, you may not have sufficient witness testimony. In addition, locating the victim’s colleagues may be tedious if the victim cannot provide accurate information about their whereabouts.
Proof of Fault
In an asbestos lawsuit, you should prove that your asbestos exposure caused an illness and that the company responsible did not do enough to protect you from exposure. In addition, you should demonstrate that your condition did not come from self-inflicted causes such as smoking or multiple exposures from different locations.
State Jurisdiction
The federal government grants the states an opportunity to formulate their unique asbestos regulations. As a result, different state jurisdictions determine how to conduct asbestos lawsuits, including the relevant limitations.
Can You Resolve an Asbestos Lawsuit Through Settlement?
Yes. Most asbestos lawsuits settle without a trial in court. An asbestos attorney will help you file a legal claim against the company liable for your injury or illness. However, you require a professional attorney with sound knowledge of the negotiation process.
Therefore, your attorney will help you negotiate fair compensation with the company. Despite negotiating outside court, settlements remain legally binding and enforceable if the company doesn’t compensate you for your illness or injury.
Usually, in conjunction with the legal team, your lawyer will gather as much evidence to support your case. Negotiations will then begin between your lawyer and the accused company.
A settlement will be adequate if you accept the compensation given for your injury or illness. However, if you can’t agree on settling the matter, the case will proceed to trial in court, which is usually a last resort.
Final Thoughts
The news of having Mesothelioma often comes as a shock owing to the deadly nature of the condition. In addition, the high treatment costs may sometimes leave you wondering where to get money for medication.
You can sit back and let the lawyers negotiate your compensation when you hire an asbestos attorney. As a result, you’ll get a fair legal representation that will enable you to get compensation for asbestos exposure and illness.
If you or your family member has Mesothelioma, do not hesitate to contact a qualified asbestos attorney.
Interested in reading more about Mesothelioma? Read our latest article here.
(Mar 30, 2023)
