A person can be very shocked when he/she is first diagnosed with cancer, especially if it’s a rare and sometimes fatal form of cancer like mesothelioma. The first thing most individuals do is seek treatment from the doctor. However, if you suffer from mesothelioma, you should also consider hiring a Dallas mesothelioma attorney who will assist you in seeking compensation.
Scientists and researchers have proven that mesothelioma is mainly caused by exposure to asbestos, a natural-occurring substance that is very toxic. Asbestos has been used for a long period of time in various industries including mining, construction, shipping and automobile manufacturing.
Asbestos, a carcinogen, can enter the body through inhalation or through contact with individuals who have been exposed to it and they have not changed clothes or showered. Other than mesothelioma, asbestos can cause pleural disorders and asbestosis.
The attorney will assist you in seeking compensation from those who are responsible or liable for your exposure to asbestos and, as a result, for developing mesothelioma. Once you hire an attorney, he/she will investigate your claim. The lawyer will gather documents related to your employment and medical history to determine whether you have a strong case that has higher chances of winning.
After examining the facts and investigating your case, your attorney will advise you accordingly and tell you whether there are valid legal reasons to proceed with the case. The attorney will also advise you who you need to sue – whether the manufacturer of the material, your employer or another party.
If the mesothelioma attorney establishes that you have a strong case, he/she will prepare all the necessary paperwork and file a lawsuit at the court. Mesothelioma attorneys are familiar with the expectations and rules of the court and they are in a position to file the formal complaint without issues. At times the parties involved may opt for an out-of-court settlement before or during the trial. Your attorney will advise you accordingly if such a request is made.
If the lawsuit proceeds to trial, your lawyer will present evidence and witnesses to the court and wait for the jury to deliberate. The last part of the lawsuit process involves a verdict by the jury.
In most instances, individuals are exposed to this toxic material without being informed of the risks. Employers who fail to take the necessary protective and safety measures to protect their employers are responsible for injuries caused or wrongful death. However, each lawsuit is assessed on its own merit and thus it is important that you choose an experienced attorney who can handle your claim professionally.
The compensation will differ from case to case depending on the work of your attorney and the specifics of the case. At times the compensation may be hundreds of thousands of dollars although the jury may also direct the defendant to cover your medical expenses. You may also fail to get compensation even after hiring the best attorney you can find.
If you or a loved has been diagnosed with mesothelioma, you should contact an experienced attorney to review you case without delay. You may be able to get compensation for medical bills, pain and suffering, funeral expenses, lost wages and expenses not covered by your insurance.
Mesothelioma is a very rare form of cancer. Usually, this type of cancer is associated with exposure to asbestos and when a person suffers from this disease, there are cancerous or malignant cells developing in the mesothelium. This is a protective lining covering most of the internal organs in our bodies. Surviving mesothelioma can be difficult, but it’s certainly not impossible.
There are two different types of mesothelioma cancer :
– Malignant Pleural
– Malignant Peritoneal
In the peritoneal form of mesothelioma cancer, tissue covering the abdominal cavity is involved. On the other hand, the sac protecting the pleural cavity around a person’s lungs is involved in pleural form of mesothelioma cancer.
As mentioned earlier, mesothelioma cancer is caused by exposure to asbestos. Therefore, most of the people suffering from this rare cancer have usually been involved with jobs where they may have inhaled asbestos particles.
Some patients may have also been exposed to asbestos fibre or dust in other ways. For instance, washing clothes of people who work in asbestos-related jobs, home renovation requiring asbestos cement products and so on.
One major problem related to this cancer is that symptoms are not visible for 20 to 50 years after you have been exposed to asbestos. This is the primary reason why asbestos exposure cases are so complicated, as diagnosis becomes very difficult without any sign of symptoms.
Usually, this latency period varies from person to person. However, it is the main reason why mesothelioma cancer is generally diagnosed in seniors. As soon as you find out, you need to consult an experienced Mesothelioma attorney.
Shortness of breath is the most basic symptom of this form of cancer. It may be followed by chest pains because a fluid accumulation in the pleural space. Quite often, these are the symptoms of pleural mesothelioma. On the other hand, peritoneal mesothelioma shows slightly different symptoms.
Some of them include abdominal swelling, cachexia, weight loss and abdominal pain. The pain is caused because of a fluid which accumulates in the abdominal cavity.
There are also some other symptoms related to this form of cancer. These include bowel obstruction, anemia, blood clotting and fever. In case cancer has spread to other parts of the body, symptoms may be different. Some common symptoms for such cases include swelling of the face or neck, severe pain and trouble swallowing.
It is important not to panic if you see any of these symptoms, as they may be related to other less serious conditions. You should consult a doctor and get yourself diagnosed. The next step is to hire an asbestos exposure attorney.
People who realize they have mesothelioma have a great chance of recovering compensation for their damages. In most cases, this illness is associated with specific jobs. Therefore, you may receive monetary compensation from the contractor who installed the material or the manufacturer. You may even receive monetary compensation from the Asbestos Victims’ Trust Fund or your insurance company.
As mentioned earlier, these cases can be complicated and complex. Since mesothelioma shows up after years of asbestos exposure, you need to seek legal help as soon as possible. An experienced and qualified asbestos exposure attorney can make a huge difference to your law suit settlement.
Unfortunately for many people, the negative health effects of asbestos were discovered long after its use had become commonplace. Asbestos was utilized in many applications, especially in buildings, most of which had already incorporated the material during construction.
This is what has led to the costly asbestos removal projects in most buildings around the world, however there are many more buildings and other establishments that still contain asbestos, either knowingly or unknowingly.
Among other things, asbestos can cause mesothelioma, a cancerous condition that affects the lining of the abdomen and lungs. It mainly arises from inhalation of asbestos fibers and people suffering from mesothelioma as a result of exposure to asbestos can seek justice and compensation through mesothelioma lawsuit settlements.
Lawsuits filed for compensation for mesothelioma acquired from exposure to asbestos became very common towards the end of the 1900s and the beginning of the 21st century. This is after most people developed the condition as a result of exposure to the material. The rate at which different lawsuits were filed forced the legal system to set up mesothelioma trust funds to compensate the numerous victims and any other victims who would later file lawsuits in the future.
For people looking to file lawsuits for mesothelioma, there are certain prerequisites and factors that should first be met. These include the following:
It takes about 10 years for mesothelioma to occur in people exposed to asbestos. It does however take longer than this for doctors to ascertain the nature of the condition. This is because it has signs and symptoms similar to those of other common respiratory illnesses. As such, most courts give victims a time allowance of between 1 and 5 years after diagnosis, depending on state, to make a lawsuit for settlement and compensation.
For mesothelioma cases, and any other cases requiring compensation for harmful medical conditions, payment for the legal services offered by the attorney is made on the basis of contingency fees. Therefore, the lawyer is paid only if the case is won and compensation made. The amount to be paid is discussed beforehand, and basically constitutes a fraction of the amount compensated. Other factors like expenses accrued during trial are also taken into consideration.
When looking to file a lawsuit for mesothelioma, there are certain factors that need be taken into consideration beforehand. These go a long way in helping make crucial decisions and planning the lawsuit properly.
Among other things you need to know about:
• Financial compensation
The amount compensated for mesothelioma-related illness depends on several factors. To begin with, it primarily depends on the extent of the damage caused to the victim’s state of health. It also depends on other aspects like effects to the victim’s social life, financial losses incurred in treating the condition and much more. As a result, compensation from one case to another may differ greatly. In past cases, certain victims have been compensated as much as $27 million, while others receive pay outs in the thousands in cases which are not so severe.
• Case Procession Period
Lawsuits filed for compensation for mesothelioma are usually settled out of court and don’t run for more than a year in most cases. However, some cases that proceed to completion have been known to take as long as 2 years in duration.
The judiciary tends to fast track mesothelioma cases, especially in situations where the condition is far developed. This is because victims require constant care and medical expenses and therefore special attention is often given.
The likelihood of a successful case and compensation issued depends on how well it is presented. Therefore, concrete evidence showing that the condition was indeed as a result of exposure to asbestos has to be proven. Your lawyer is responsible for conducting thorough research and establishing the responsible party to blame. This is what necessitates the use of professional quality legal services when presenting a mesothelioma lawsuit.
Victims of mesothelioma can often claim compensation for their condition through mesothelioma lawsuits. For higher chances of success, victims are advised to seek professional and high quality legal services. A good lawyer should perform comprehensive research to build and present a strong case in order to increase the chances of financial payments for compensation.