LEGAL STEPS YOU CAN TAKE AFTER A MESOTHELIOMA DIAGNOSIS
Mesothelioma is a rare and aggressive Cancer. It is caused by asbestos exposure. Asbestos is a mineral composed of pliable fibers. The heat resistant and anti-corrosion properties make asbestos a useful material. The fibers, when disturbed, become airborne. When you are exposed to these fibers, they can travel to your lungs and pleura to cause damage. The disease affects the mesothelial layer surrounding the organs.
There are four different types of mesotheliomas. These include pleural, pericardial, peritoneal, and testicular mesotheliomas. Among these, pleural mesothelioma is the most common. The WHO suggests that almost 43,000 people die of mesothelioma each year. About 3000 patients are diagnosed with this disease in the United States yearly.
This disease has a poor prognosis. The life expectancy after a mesothelioma diagnosis is 4-18 months. Some lucky patients may survive for a few years. Your employer may be held responsible if you have been diagnosed with mesothelioma caused by asbestos exposure. Industries commonly known for asbestos exposure include shipbuilding, mining, firefighting, and metal casting manufacturing.
The symptoms, associated with pleural mesothelioma are shortness of breath, dry cough, difficulty swallowing, hoarseness, and weight loss. Symptoms may vary according to the type and stage of cancer.
After the diagnosis, there is very little chance of survival. But there is one thing that can help you out. There is legal compensation for mesothelioma patients. You can sue your employer even if they have gone out of business or are bankrupt. Click here to learn more about the compensation claim process and the lawyers available to help you.
Legal Steps:
After a mesothelioma diagnosis, you may suffer greatly in terms of emotions and financial burdens. The industries responsible for asbestos handling should be held accountable. Here are a few things you need to know about your legal rights.
- The first step is to get medical care as soon as possible. This disease has no cure, but there are ways to prolong the lifespan.
- In 1989, the Environmental Protection Agency of the United States banned most asbestos-containing products. But this decision was overruled by the Fifth Circuit Court of Appeals in New Orleans. This overrule meant that the new use of asbestos would be banned only.
- According to the Asbestos Information Act of 1988, companies are required to report to Environmental Protection Agency (EPA). This law helps in transparency and in identifying the companies that use asbestos in manufacturing their products.
- Many law firms deal with mesothelioma compensation cases. They can help you out with gaining financial benefits. Families greatly suffer financially after a mesothelioma diagnosis. The medical costs are very high. Treatment options available can cost a fortune and monetary compensation can help cover those costs.
- While selecting the law firm and lawyer, you should make sure they know about all liabilities. It is best to file the case in the same state where you were exposed. Otherwise, it will not make a strong case.
- It is helpful to have background knowledge of previous lawsuits and verdicts. You should make sure that you know the basic info and can navigate through the basic legal inquiries. For example, was asbestos present in the products you handled in your job? Was the product or material handled poorly by the management?
- You should assemble all the medical and employment documents before filing a lawsuit. These documents are of prime importance. It is necessary to file a case in court soon after a diagnosis. In some states as Ohio, you have a limited time to file a lawsuit. This time is called the Statute of Limitations. The deadline can vary in different states.
- Usually, the victims get financial benefits without the involvement of a court. The victims get compensation of up to $1 million. When the parties cannot reach an agreement outside of court matter can be taken in front of the jury. The verdicts are usually around $2.4 million in the case of mesothelioma.
- If you have missed the Statute of Limitations, there is still a chance that you will be compensated, depending on your reasons, nature of illness, and intensity.
- If a mesothelioma patient passes away during the lawsuit, the lawsuit changes into “wrongful death claim”. This means that the loved ones of the victims are also compensated. The funeral expenses are also covered in this claim. The family members may get compensation for several other expenses.
Conclusion:
Mesothelioma is a non-treatable disease. This disease affects the victim and also the family. The financial burden and the emotional suffering can be arduous. In addition to getting treatment, you should also try to avail legal compensation. The law firms available can help you and your family in this regard. Many victims have benefited financially from legal victories against their employers. You may benefit financially from the decision. The expense of medical care is also covered. Your loved ones can also benefit from these lawsuits after you leave this world.
Thank you,
Glenda, Charlie and David Cates
