Mesothelioma cancer lawyer - Mesothelioma is a type of cancer that affects the lining of various body cavities such as the lungs, abdominal organs, chest wall, heart cavity, and testicles. It is caused by exposure to asbestos fibers, which can be inhaled or ingested and become trapped in the lining of the mesothelium. The disease can take 15 to 60 years to develop after a person has been exposed to asbestos in their workplace or while serving in the military. Mesothelioma is malignant, meaning it can spread to other parts of the body and is generally considered a serious and potentially life-threatening condition.
Experienced Mesothelioma Lawyers
If you or someone you care about has been exposed to asbestos at any point in their life, and has since been diagnosed with mesothelioma, you may be able to receive compensation through asbestos litigation. Even those who have not directly experienced mesothelioma can suffer negative effects such as psychological injury or nervous shock as a result of a loved one's diagnosis.
As mesothelioma compensation claims can be complex, it is recommended to seek the help of an experienced mesothelioma lawyer to ensure that your case has the best chance of obtaining the highest possible financial compensation. Working with a mesothelioma lawyer can help you navigate the legal process and protect your rights.
What is Mesothelioma?
Mesothelioma is a type of cancer that is often mistaken for lung cancer. It is caused by inhaling asbestos fibers, which can cause inflammation and scarring in the protective lining of the lungs (pleura) or abdomen (peritoneum). This exposure often occurs over a period of months or years, and can occur up to 40 years before the development of mesothelioma or other asbestos-related diseases.
Men are more likely to be exposed to asbestos and develop mesothelioma due to their higher likelihood of working in jobs where asbestos products are present. However, it is also possible for women and children to develop mesothelioma through secondhand exposure to asbestos fibers on clothing or other household items. In some cases, even brief exposure to high levels of asbestos can cause mesothelioma, as seen in a landmark case involving a client who was only exposed to high levels for four hours but developed the disease years later.
Symptoms of mesothelioma include chest pain, shortness of breath, difficulty swallowing, unexplained weight loss, fatigue, and coughing up sputum (mucous). If you have these symptoms and a history of working in industries with high asbestos contamination, especially prior to 1987, you may be at risk for mesothelioma and may be able to seek compensation for your condition.
Mesothelioma is a type of cancer that is caused by exposure to asbestos. It affects the protective lining that covers many of the body's internal organs. These cancer cells can be invasive and damage other tissues and organs, making mesothelioma a serious and deadly disease.
However, it is important to note that mesothelioma is completely preventable, as it is only caused by asbestos exposure.
If you or someone you know has been diagnosed with mesothelioma, you may be eligible for financial compensation to help cover medical expenses and other treatment costs.
Why is it such problem?
Mesothelioma is a deadly disease with a low survival rate. On average, people with mesothelioma survive for about one year, and the five-year relative survival rate is around 10%. By the time symptoms appear and a diagnosis is made, the cancer is often advanced.
One of the challenges of mesothelioma cases is the long latency period between asbestos exposure and the onset of symptoms. As a result, lung cancer lawyers must have a thorough understanding of the history of asbestos products and be able to identify products that may have contributed to a client's exposure. This may involve using labels, photographs, and advertising materials from the past, sometimes dating back 50 years or more.
In many cases, the primary defendants in asbestos litigation are bankrupt, leaving claimants with no other option than to seek compensation through bankruptcy trusts.
What can you do about it?
In mesothelioma cases, it is often necessary to identify and pursue claims against secondary and tertiary defendants in addition to the primary defendants. Premises liability claims, which hold property owners responsible for asbestos exposure on their property, are often included in mesothelioma lawsuits.
Currently, many viable mesothelioma claims are being filed against smaller companies that manufactured and sold asbestos products such as gaskets, packing material, and industrial insulation that were used in boilers, power plants, shipyards, pumps, and air compressors. These companies may be less well-known but can still be held liable for causing mesothelioma in individuals who were exposed to their products.
How Do Malignant Mesothelioma Cases Differ From Benign Mesothelioma Cases?
Malignant mesothelioma is a type of cancer that affects the lining of the chest, lungs, or abdomen. It is caused by exposure to asbestos fibers and is typically aggressive and fast-growing. Malignant mesothelioma can spread to other parts of the body and is generally considered a serious and potentially life-threatening condition.
In contrast, benign mesothelioma is a rare type of mesothelioma that is not cancerous and does not spread to other parts of the body. Benign mesothelioma tumors tend to grow slowly and are usually not life-threatening. However, they can still cause symptoms and may require treatment.
The main difference between malignant and benign mesothelioma is the potential for cancerous growth and spread. While both types of mesothelioma may cause similar symptoms, the treatment and prognosis for each type can be very different. Malignant mesothelioma is generally more aggressive and may require more intensive treatment, while benign mesothelioma may not require treatment at all in some cases.
How can I make a Mesothelioma claim?
A mesothelioma claim may be appropriate if you or a loved one has been diagnosed with mesothelioma caused by asbestos exposure. It is important to act quickly in these cases, as the life expectancy for mesothelioma patients is often limited. To pursue a mesothelioma claim, the following factors should generally be present:
- The patient was exposed to asbestos 15-40 years ago while working in an asbestos-contaminated industry or while regularly interacting with someone who worked in such an industry.
- The patient has recently developed mesothelioma symptoms.
- The patient has received a diagnosis of mesothelioma caused by inhaling asbestos fibers.
Asbestos claims, including mesothelioma claims, are often resolved quickly, often within three to six months through out-of-court settlements. Statutory claims may also be resolved in a similar time frame.
Making a claim
Asbestos claims, including mesothelioma claims, are often easier to pursue than other types of claims due to the clear link between asbestos exposure and medical damage. Employment records can often help to establish the time period during which exposure to asbestos occurred.
If you or a loved one has received a diagnosis of mesothelioma, it is important to contact a lawyer as soon as possible. The statute of limitations for asbestos-related claims is complex and depends on several factors. However, it is important to file a claim before the mesothelioma victim passes away, as it is not possible to pursue a settlement after their death.
How much can be expected from a Mesothelioma compensation claim?
The amount of compensation that can be expected from a mesothelioma claim can vary widely depending on a number of factors, including the severity of the injury, the impact on the victim's quality of life and ability to work, and the responsible parties' ability to pay. In general, mesothelioma claims can result in significant financial awards to cover medical expenses, lost wages, and other damages.
It is difficult to provide a specific range of what can be expected from a mesothelioma claim, as each case is unique and the amount of compensation will depend on the specific circumstances. Some mesothelioma victims have received millions of dollars in compensation, while others have received much smaller awards. It is important to work with an experienced mesothelioma lawyer to assess the value of your claim and help you pursue the maximum amount of compensation possible.
Common law & statutory cases
A common law claim is a legal action filed against one or more parties who are believed to be responsible for your or a loved one's exposure to asbestos. These claims are typically filed through the courts. In most cases, common law claims do not have a statute of limitations, especially if the exposure did not occur in a work environment.
If there is a time limit for filing a common law claim, it is usually tied to the date of diagnosis of an asbestos-related disease, rather than the date of exposure or the onset of symptoms. As mesothelioma and other asbestos-related diseases often have a long latency period, it is important to file a claim as soon as possible after receiving a diagnosis.
Statutory claims, on the other hand, are filed in states or territories that have established compensation schemes for individuals who were exposed to asbestos through employment. These claims may have time limits, although legislation is being considered in some areas to remove time limits for asbestos claims. At the time of this writing, Queensland has a six-month time limit from the date of diagnosis to file a statutory claim, while Western Australia allows three years. New South Wales and the Northern Territory do not have time limits for statutory asbestos claims.