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Mesothelioma Lawsuits and the Right to Compensation

Mesothelioma is a type of cancer that is caused by exposure to asbestos. It occurs in the lining of the lungs, abdomen, or heart, and can be very difficult to treat. Symptoms of mesothelioma may include shortness of breath, chest pain, and coughing up blood.

If you have been exposed to asbestos and are experiencing these symptoms, it is important to see a doctor as soon as possible for a proper diagnosis.

If you or a family member were already diagnosed with mesothelioma or asbestos lung cancer, you have important legal rights to compensation. Your legal rights have deadlines, so do not delay seeking legal advice. With the help of an attorney experienced in mesothelioma and asbestos cancer lawsuits, you can bring a civil claim against the manufacturer or employer who exposed you to asbestos.

A mesothelioma attorney can help you file a lawsuit or asbestos trust claim to obtain significant compensation for you and your family. If you were diagnosed with mesothelioma or asbestos lung cancer, you should be able to get reimbursed for your physical, emotional, and economic losses, including

  • Pain and suffering
  • Past medical expenses and bills
  • Future medical care and treatments
  • Lost salary and wages
  • Loss of earning capacity
  • Emotional distress, fear, and anxiety
  • Loss of consortium and companionship
  • Punitive damages
  • And more…

Asbestos was a common material used in buildings, construction areas, mechanical systems, utilities, manufacturing plants, shipyards, schools, and other commercial facilities. Due to this historical and ongoing exposure, workers and their families continue dealing with mesothelioma and its deadly consequences decades after asbestos exposure.

By filing a mesothelioma lawsuit or asbestos trust claim, you may find some peace and justice and even help bring awareness to the dangers of asbestos. But most importantly, you will help provide for your family.

Finding a place to turn for support and accurate legal advice should not cause additional stress. But the TV and Internet are full of ads and websites offering abundant and sometimes conflicting advice for those diagnosed with mesothelioma.

A mesothelioma diagnosis is not just a medical diagnosis but a legal one. The science linking asbestos exposure to mesothelioma is strong, as is your legal right to seek compensation for your exposure. But as with all legal rights, deadlines exist, and you must act quickly to preserve your rights.

Asbestos exposure and mesothelioma diagnosis

Asbestos is a naturally occurring mineral that was once widely used in a variety of building materials, including insulation, flooring, and roofing. It is still found in many older homes and buildings, although its use has been greatly reduced since the risks of exposure to asbestos became better known. It is important to note that not all asbestos-containing materials are harmful, and it is only when the fibers are disturbed and become airborne that they can be inhaled and cause health problems.

Mesothelioma is a deadly form of malignant lung cancer, almost always caused by inhaling asbestos fibers. It is a rare disease, with about 3,000 cases diagnosed yearly in the United States.

A mesothelioma or asbestos lung cancer diagnosis typically occurs 20 to 40 years after asbestos exposure. So, it is only many, many years after exposure that mesothelioma symptoms show up.

The delay between asbestos exposure and a mesothelioma diagnosis makes the science behind determining the amount of asbestos still in the workplace and the number of future claims difficult and uncertain. Doctors and scientists routinely disagree on the number of future mesothelioma cases we will see in the coming years.

This long delay between asbestos exposure and the medical diagnosis causes several challenges in bringing a successful mesothelioma lawsuit or asbestos trust claim.

Mesothelioma Lawsuits

Mesothelioma lawsuits are legal cases that are brought by individuals who have been diagnosed with mesothelioma and believe that their illness was caused by exposure to asbestos. These lawsuits are typically filed against companies that manufactured or used asbestos-containing products, and seek compensation for the medical expenses, lost wages, and pain and suffering that are associated with the disease. Mesothelioma lawsuits can be complex and may take many years to resolve. If you or a loved one has been diagnosed with mesothelioma, it is important to speak with a qualified attorney who can advise you on your legal rights and options.

Determining where and when someone was exposed to asbestos fibers is critically important. The attorney must reconstruct a complete work history for their client to find all possible asbestos exposures and the companies responsible. As many of these responsible companies may have since gone out of business or declared bankruptcy, it is critical to identify all potential asbestos exposure sites.

Filing a mesothelioma lawsuit or asbestos claim can provide significant compensation to cover your medical expenses, recoup your lost wages, and provide for your family. While nothing can reverse the disease or undue the decades of harm caused by corporate wrongdoing, taking care of your family’s future can provide peace of mind.

Mesothelioma Attorneys

There are several reasons why it is important to hire a mesothelioma attorney if you or a loved one has been diagnosed with the disease. First and foremost, a mesothelioma attorney will be able to help you understand your legal rights and options, and will be able to provide valuable guidance throughout the legal process.

Additionally, an experienced mesothelioma attorney will have a thorough understanding of the complex laws and regulations that apply to these cases, and will be able to use this knowledge to maximize the amount of compensation that you are able to recover.

Finally, a mesothelioma attorney will be able to handle all aspects of your case, including gathering and organizing evidence, negotiating with insurance companies, submitting claims for compensation, and representing you in court if necessary, which can be a great help during a difficult and stressful time.

How to prepare for a mesothelioma lawsuit or asbestos trust claim

If you are considering a mesothelioma lawsuit or asbestos trust claim, you will need to provide an attorney with certain information and documentation about your mesothelioma exposure, like employment and medical records.

One crucial factor to consider would be the risk of exposure you had in your previous or current jobs. You should create a list of the names and locations of all employers you have had over the last thirty to forty years.

Your attorney will need this list to determine where you were most likely exposed to asbestos and identify the employers, products, and manufacturers involved in your exposure. This list will help you and your attorney determine the appropriate companies and products to specify in any legal claim and will help the attorney find potential asbestos trusts where you are eligible to file a compensation claim.

After writing out your employment history, review the list, think about it, and make notes on what you did on each job site. This list and notes will likely trigger important memories about the sources of asbestos exposure.

Once you have created a list of past employers, an experienced attorney can take over. The attorney will still need to do a lot of research to link the product or the job site you worked on to your asbestos exposure and diagnosis. An experienced mesothelioma attorney can help you collect the necessary information and documents to file your claim.

This work must be done before any mesothelioma lawsuit or compensation trust claim is filed. Your work in detailing your job history and possible asbestos exposure is not just to help the lawyer but is crucial in identifying all possible compensation trusts you may claim against or companies you may need to sue. Because many large companies that regularly used asbestos have gone out of business or declared bankruptcy, it is vital to identify all possible exposure sites.

Putting in the work upfront also helps to speed up the entire compensation claim process. Mesothelioma lawsuits and asbestos trust claims can be very complex legal claims. Mesothelioma claims can involve many different parties (including bankrupt and defunct companies), asbestos exposure and product use that occurred decades ago, difficulty finding old employment records, inconsistent memories and timelines of events, and more. These complexities can easily lead to delays in pursuing justice for those harmed by asbestos. 

How to find the right mesothelioma attorney for you

To get the maximum compensation for your mesothelioma claim in the shortest time possible, you should look for a lawyer capable of handling your claim and, most importantly, has the time necessary to dedicate to your case. The more individual attention your asbestos case gets, the more likely you will get a successful and quicker resolution.

photo of attorneyAn attorney with knowledge of asbestos trust funds and the entire compensation claim process can significantly increase your chances of filing a successful mesothelioma lawsuit or asbestos lung cancer claim.

So how do you find the right mesothelioma lawyer in a sea of television, social media ads, and internet websites? We have listed some tips below to help you in your search.

You want to find a lawyer with prior experience handling mesothelioma lawsuits and who will provide you with unbiased advice about whether you have a claim and how to best pursue that claim. And a lawyer who can explain your legal rights to you in plain English.

7 tips for finding the right mesothelioma attorney

Quick tips on how to find the right attorney to talk to about a mesothelioma lawsuit or asbestos trust claim

  1. Search the web for “mesothelioma lawsuit” or “mesothelioma attorney” and review some of the websites in the search results.
  2. Skip the ads. There is no screening or vetting for those who advertise. Any attorney can buy an ad in the top search result spots.
  3. Avoid sites where you can’t tell who the lawyer or law firm is. There are many internet sites run by non-lawyer marketing companies that will sell your contact information.
  4. Avoid sites that offer medical advice. You are looking for a lawyer, not a doctor. 
  5. Look for a free case and medical record review by a lawyer. Fill out their website form or call the 800 number. Avoid online chats if possible.
  6. Contact one lawyer at a time (you’ll thank us for this tip… it’s like contacting car dealers). Most lawyers should respond within 24 hours.
  7. Did you like the lawyer (or their legal assistant)? Did they listen to you, answer your questions, and provide a plan for moving forward?

Finding the right legal representation for you and your family takes work. Far too many people settle for the first lawyer contacted.

Your legal rights are valuable, and getting the maximum compensation as soon as possible for your family should be one of your highest priorities. The right lawyer can help you achieve those goals and help you plan for the future.

There are plenty of decent lawyers, but finding the right one who is honest, hard-working, and readily available will help provide the peace of mind you deserve and financial security for your family.

If you or a family member were diagnosed with mesothelioma and want to know more about your legal rights, we would be honored to have one of our attorneys speak with you.

The consultation is confidential, and there is never any cost or obligation.

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Frequently Asked Questions about Mesothelioma Lawsuits

How much is a mesothelioma claim worth?

The amount of money that you may be able to recover in a mesothelioma lawsuit will depend on a number of factors, including the severity of your illness, the extent of your injuries, and the amount of any medical expenses and lost wages that you have incurred. In general, individuals who are diagnosed with mesothelioma may be entitled to compensation for their medical expenses, lost wages, and pain and suffering. In some cases, plaintiffs may also be awarded punitive damages, which are designed to punish the defendant and deter future wrongdoing.

However, the amount of money that you may be able to recover in a mesothelioma lawsuit can vary widely, and it is important to speak with a qualified attorney who can provide you with a more accurate estimate of your potential recovery.

The length of time that it takes to resolve a mesothelioma claim can vary depending on a number of factors, including the complexity of the case, the availability of evidence, and the willingness of the parties to settle. In general, mesothelioma claims can take several years to resolve, and it is not uncommon for cases to go to trial.
However, it is also possible for some cases to be resolved more quickly through negotiation or mediation. If you are considering filing a mesothelioma claim, it is important to speak with an experienced attorney who can provide you with a better idea of how long your case is likely to take.

How do you prove a mesothelioma claim?

Proving that an individual has mesothelioma and that their illness was caused by exposure to asbestos can be a complex and challenging process. In order to prove that an individual has mesothelioma, a doctor will typically need to conduct a thorough medical evaluation, including a physical examination, imaging tests, and a biopsy. This will typically involve taking a sample of tissue from the affected area and examining it under a microscope to look for the presence of cancerous cells.
In order to prove that an individual’s mesothelioma was caused by exposure to asbestos, it may be necessary to collect and review medical records, work history, and other evidence to show that the individual was exposed to asbestos in the past. An experienced attorney can help you gather and organize the evidence necessary to prove your case.

Is there a time limit for mesothelioma cases?

Yes, there are time limits, or statutes of limitations, that apply to mesothelioma cases. These time limits vary depending on the state where the case is being filed, and they generally require that a lawsuit be filed within a certain period of time after the individual is diagnosed with mesothelioma.
It is important to be aware of these time limits and to act promptly if you or a loved one has been diagnosed with mesothelioma. An experienced attorney can help you understand the specific time limits that apply to your case and ensure that your lawsuit is filed in a timely manner.

Do I need proof of asbestos exposure to file a claim?

Yes, in order to file a successful mesothelioma claim, you will need to provide evidence of asbestos exposure. This will typically involve collecting and presenting evidence to show that you were exposed to asbestos at some point in the past, and that this exposure was the cause of your mesothelioma.
This evidence may include medical records, work history, and eyewitness testimony, among other things. An experienced attorney can help you gather and present the evidence necessary to support your claim.
It is important to note that, in some cases, it may be possible to file a mesothelioma claim even if you do not have direct evidence of asbestos exposure. An experienced attorney can advise you on your legal rights and options in this situation.

Can I bring a mesothelioma claim for a deceased family member?

Yes, it may be possible to bring a mesothelioma claim on behalf of a deceased family member. In general, a family member, such as a spouse, child, or parent, can file a wrongful death claim if a loved one dies as a result of mesothelioma.
A wrongful death claim can seek compensation for the medical expenses, funeral costs, and loss of income and companionship that the family has suffered as a result of the loved one’s death. An experienced attorney can help you understand your legal rights and options if you are considering bringing a wrongful death claim on behalf of a deceased family member.