Mesothelioma Lawsuits - What you need to know

Mesothelioma Lawsuits:
Frequently Asked Questions

Who has the right to file for compensation for mesothelioma?

A mesothelioma lawsuit can be filed by a person who has developed mesothelioma through exposure to asbestos. In the event that the person has passed away, the lawsuit can be filed by a family member or the executor of the deceased’s estate. A lawsuit can also be filed by a family member who has developed the disease through close contact with the person who was exposed to asbestos.

How long does the process take?

The process can take quite a while, although there is no set time and some lawyers will get your case sorted faster than others. The more research that is required to put a solid case together, the longer it will take.

How long do I have to file my claim?

This differs from state to state but generally the time limit is one to two years from diagnosis. It is important that you check on the time limitation for your state and act within the limitations otherwise you may not be eligible to claim. If you are claiming on behalf of the deceased, time limitations still apply and it is probably even more important to act quickly because of the time limits and the research required by the lawyer.

What if I don’t know where and when I was exposed to asbestos?

It is helpful if you know this and will certainly speed up the process, but if you don’t remember the lawyer will be able to help. A private investigator can be hired through the lawyer (paid for by the lawyer) who will do the necessary research to clarify when and where the exposure took place and which company or companies are responsible.

How can I afford legal assistance?

You won’t need to worry about having cash up front because mesothelioma lawyers usually work on a no win no fee basis. You will not have to pay a penny unless you receive compensation, and then the lawyer will take a percentage of the compensation as his fee.

How much will I get?

It’s impossible to say how much you will get as it depends on the merits of your case. Your lawyer will discuss this with you in more detail when you go through the details of your claim, but past settlements have notched up hundred of thousands of dollars and even multi-million dollar payouts.

Where can I find a mesothelioma lawyer?

There are now many mesothelioma lawyers and you should have no problem finding one. The Internet is a good place to start your search, as many mesothelioma lawyers advertise there. You can check out many credentials and assess the experience of individual law firms by searching on the Internet. You can also submit your details via the Internet in many cases, allowing the law firm to evaluate your case and then contact you. You can also check in your local phone directory for details of mesothelioma lawyers. However, try to find a lawyer that has experience of working with mesothelioma lawsuits as they will already have a network of resources and contact that could help to process your case more quickly.

Will the lawsuit be filed in the state where I live?

Not necessarily. Your lawyer will select the state in which you have the best chance of success and where you are likely to get the highest compensation. This will make no difference to you as you will not have to pay any extra and may end up getting far more compensation in another state.

Will my case go to court?

Again, it is impossible to say until your lawyer has tried to settle out of court. However, most mesothelioma cases are settled out of court and this saves both sides money because taking the case to court can get costly.

Symptoms of Mesothelioma

Mesothelioma is a very serious malignant tumor that affects the torso of the human body. There is a very strong link between mesothelioma and exposure to asbestos particles (by breathing or swallowing). There are three common forms of mesothelioma:

1. Pleural Mesothelioma is the most common form of Mesothelioma. It starts in the chest cavity (after breathing the particles) before spreading to other areas.
   
2. Peritoneal Mesothelioma starts in the abdomen (after swallowing the particles) and accounts for about 10-20% of Mesothelioma patients.
   
3. Pericardial Mesothelioma is the rarest form of Mesothelioma. It starts in the cavity that surrounds the heart.
   

Mesothelioma is so difficult to diagnose early because the symptoms are often mistaken for those of other, less serious ailments. To make matters worse, it often takes many years for the symptoms to show up after the asbestos exposure takes place.

Here is a list of the most common Mesothelioma symptoms:

• Difficulty breathing (shortness of breath)
  
• A cough that won't go away
  
• A change in your normal coughing pattern
  
• Frequent hoarseness or raspy voice
  
• Significant weight loss that cannot be explained
  
• Difficulty swallowing
  
• Pain in the chest or abdomen
  
• Coughing up blood

If you experience one or more of these symptoms of Mesothelioma for more than a short period of time, you should consult your physician right away. Mesothelioma, by its very nature, is very difficult to diagnose early (many people simply ignore the symptoms at first).

This is why you need to pay attention to your body and monitor your health for the symptoms, especially if you're in one of these high-risk occupations:

• Brake Mechanics
  
• Steel Workers
  
• Insulators
  
• Boilermakers
  
• Shipfitters
  
• Maintenance Workers
  
• Pipe Fitters
  
• Any other occupation where exposure to asbestos is possible or likely

Once Mesothelioma is diagnosed, the chances of recovery vary according to several factors, including the size and location of the tumor, how much it has spread, and the age of the patient.

In general, the earlier that Mesothelioma is diagnosed, the better the chances of survival. So if you experience any of the common Mesothelioma symptoms, see your doctor right away.

What is Mesothelioma?

What Is Mesothelioma?

Mesothelioma is a cancerous disease that is becoming more and more common. Affecting the mesothelial cells that make up the mesothelium – the outer lining that protects the body’s major organs such as the heart, stomach and lungs – this form of cancer is a direct result of regular and unprotected exposure to asbestos. The symptoms and the latency period of this disease mean that it is difficult to diagnose. Treatment for mesothelioma is still being investigated through clinical trials and research, but as a rule it responds poorly to the treatments that are currently used.

The people most at risk from being carriers of this cancer are those have worked with asbestos over the past thirty to fifty years. Because of this, the disease is most common in men between the ages of sixty and seventy as this is the group that commonly worked with asbestos during those years. Because of the lack of protection and regulations in those days, these workers were constantly exposed to the dust and fibres from the asbestos, which caused the cells of the mesothelium to become abnormal. However, because the disease takes decades to develop fully and manifest, many of them were oblivious to this until thirty to fifty years later. It is these men who are now lodging multi-million dollar lawsuits against the unscrupulous companies that exposed them to the dangers of asbestos, even though they were aware that it could cause harm to the employees.

There are also other people at risk from the disease; namely those who have had regular contact with a person who has worked with asbestos. Because these workers regularly carried dust and fibres on their clothes, skin and in their hair, they fibres and dust could be ingested by family members, who were then at risk of developing mesothelioma, respiratory problems or another asbestos related disease.

The organs most affected by mesothelioma are the lungs and the surrounding tissue. Pleural mesothelioma, which is the type affecting the lining of the lungs, is the most common variation of this cancer with symptoms which include breathing and swallowing difficulties, coughing, shortness of breath, fever and weight loss. The abdomen is another area affected by this cancer, and this variation is known as peritoneal mesothelioma. This type of mesothelioma is not as common as pleural mesothelioma. Symptoms of peritoneal mesothelioma can include nausea and vomiting, weight loss and loss of appetite, fever, bowel obstruction and pain or swelling of the stomach area. The last variation of the cancer is pericardial mesothelioma, which is where the cancer affects the heart and the tissue surrounding it. This variation is a rare one, and symptoms can include palpitations, breathing difficulties, and persistent coughing.

The symptoms of mesothelioma are very common to a number of other diseases which are more well-known in society. Therefore, it is not unusual for the patient to be misdiagnosed when he or she goes in displaying any or all of these symptoms. People who have worked with asbestos should always let their doctor know this so that the doctor is more aware and more conscious of the possibilities in the event that the symptoms do manifest. A speedy diagnosis is important to the effective treatment of mesothelioma, and without being aware of the facts your doctor may not be able to make the diagnosis as quickly as he would if he is aware of the situation.

Although there are treatments for mesothelioma, they do not have a high success rate particularly on patients in whom the cancer is in its later stages. The faster the mesothelioma is diagnosed and treated, the more chance of success, which is why it is important to get as fast a diagnosis as possible.

Current treatments for mesothelioma include surgery, radiation therapy, palliative therapy and chemotherapy. The National Institute of Cancer along with a variety of other organizations and sponsors are currently conducting research into mesothelioma and carrying out clinical trials to try and find a treatment that will not only be more effective but will enable the successful treatment of the disease even in its later stages.

Article provided by Mesolink.org

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