Sunday, November 11, 2007

Evaluating Your Mesothelioma Case

Upon diagnosis of mesothelioma, one must act quickly. In fact, because statute of limitations laws vary from state to state, there may be time limits on hiring a lawyer and filing a case. If you wait too long, you could be ineligible, and miss out on potential multi-million dollar payouts that can help your family through this most difficult time.

You should look for a lawyer who has specific experience in dealing with mesothelioma lawsuits. This is because these lawyers will have the knowledge, experience, and resources to get you all of the money you deserve. A few of these firms have relationships with the nation’s best lawyers and can handle your case in house or work in conjunction with these lawyers at no additional cost to you. In addition, these lawyers should not ask for any money up front and be paid only when you win your case.

Many online groups, including MesotheliomaSOS, will allow you to evaluate your case free of charge through the web. The lawyers can give you free advice as to whether or not you should pursue a case and how to move forward. It will require conversations and lots of questions and it will need to be air-tight. They are often able to tap into some of the best resources available to them to identify when you were exposed to asbestos and will even hire firms to investigate. Additionally, lawyers involved with the firms we deal with have so much experience that often they have dealt with these asbestos companies in the past and can reach a settlement quicker than someone with little experience.

Many of the asbestos payouts over the last few years have occurred outside of court, netting substantial payouts very quickly for clients. Unless you get compensation, a dime should not come out of your pocket, including any costs incurred like travel. If your lawyers are unsuccessful, then you aren’t required to pay a single dime.

By filling out the free case evaluation form, MesotheliomaSOS will ensure that you get the best case evaluation that we know of. The lawyers with whom we are associated are a nationwide powerhouse who represent clients almost solely in the areas of asbestos and mesothelioma. They have been representing victims for over 25 years and we are confident they will give you the best level of service you deserve.

The Legal Process

While it’s impossible to predict exactly how a Mesothelioma suit will unfold, below are the major elements of a typical lawsuit of this kind.

* Preparation – Some gathering of information may occur during the initial consultation process. However, once you have made the decision to hire a particular attorney, you will be asked to sign an attorney-client contract which constitutes a binding agreement between you and the law firm. Other forms will be signed as well and more information will be requested. In order to expedite the process, it’s best to compile as much pertinent information as possible before you meet with your lawyer.
* Filing – When substantial information is gathered and the viability of a lawsuit is determined, your attorney will file a legal document informing the defendant as to your intentions as a plaintiff including requests for monetary compensation. The defendant – the company responsible for your exposure – can respond with either a denial of responsibility or a motion to dismiss the claim. The latter is often used as a stall tactic, especially in cases where terminally ill patients are near death.
* Discovery – This is a legal term that applies to the period of time when any motions to dismiss are denied and the defendant(s) reply to the claim. Written questions will be submitted by the defendant, and as the plaintiff, you will be required to answer them under oath. Detailed medical records will be requested and the defendant may attempt to find other causes for your disease (though, currently, asbestos is the only known cause of Mesothelioma). Defendants may also try to invoke statute-of-limitation laws.
* Trial – Plaintiffs often find this to be a stressful time, but a good Mesothelioma attorney can help this process to go smoothly. Steps include:
o Jury Selection
o Preliminary Jury Instructions
o Plaintiff Opening Statement
o Defense Opening Statement
o Plaintiff Evidence & Witnesses
o Plaintiff Rests Case
o Defense Motions to Dismiss Lawsuit
o Defense Evidence & Witnesses
o Defense Rests Case
o Plaintiff Evidence & Witnesses to Rebut Defense
o Jury Instructions
o Plaintiff Closing Statement
o Defense Closing Statement
o Plaintiff’s Rebuttal Closing
o Jury Deliberations
o Verdict
* Appeals – The defense may appeal the verdict but must first post “bond” for any monetary amounts awarded.

Outcome and Expectations

Because Mesothelioma is such a serious form of cancer, courts often give preference to living defendants so that they may begin receiving funds to assist in procuring treatment, which is often quite costly. Many living defendants begin to receive compensation with 4 months. Many cases are complete within 6 to 12 months, measured from the beginning of the process until a verdict is reached and the case is closed.

Your Legal Rights

Legal Rights for Mesothelioma Victims

Asbestos exposure is the only known cause of Mesothelioma, so if you’ve been diagnosed with the disease, its origin will be obvious to you. While treatment will remain your number one concern, you should be aware that you may be entitled to monetary compensation from past employers, asbestos companies, and insurance companies. Settlements may be awarded to plaintiffs and their families in compensation for excessive medical expenses associated with the diagnosis and treatment of Mesothelioma as well as compensation for a reduction in the quality of life.

Since evidence of the cover-up of asbestos dangers surfaced in the mid 1970s, many Mesothelioma victims have successfully filed claims against asbestos companies. For more than a century, asbestos manufacturers have recognized the health risks of this naturally-mined substance, choosing not to disclose reports and figures that pointed to the growing number of individuals who were becoming ill from exposure to airborne asbestos fibers. Much documentation is available pointing to the fact that large corporations have long suppressed information as to the dangers of exposure to asbestos, hoping to avoid lawsuits by affected employees and/or their families.

If you’ve been stricken with Mesothelioma or have lost a loved one to the disease, it is certainly within your rights to file a lawsuit against a former employer or the asbestos-manufacturing company that was responsible for the exposure and, ultimately, the contracting of the disease.

Two types of Mesothelioma lawsuits are common. Personal injury suits are filed by the patients themselves and seek monetary awards to cover loss of income, medical expenses, and to compensate for pain and suffering. The second type, the wrongful death claim, is filed by the survivor of a Mesothelioma victim. Procedures vary for each type of claim.

A family member who contracts Mesothelioma due to exposure from fibers brought home via the clothes of an exposed spouse or parent may also be eligible to file a suit. Many secondary Mesothelioma victims have been successful in acquiring monetary compensation from the asbestos industry.

An experienced attorney can advise you as to your best options for a successful claim. Browse through the remainder of our Legal Resource pages to learn more about filing an asbestos lawsuit and take a moment to send for our free Mesothelioma Information Kit, full of information on the disease, treatment options, and your legal rights.

Mesothelioma Legal Options: FAQ

Mesothelioma Litigation – Did it Help?

The implications of asbestos use are staggering, primarily because of the range of products it is used in. From office buildings to toasters to car brakes to shipyards, asbestos was used almost across the breadth of the industrial sector. A publication in 1935 by the American Journal of Cancer - Pulmonary Asbestosis: Carcinoma of the Lung in Asbesto-Silicosis – first raised the suspicions of people from the research and medical fields of the connection between the presence of asbestos and the unusually high death rates and lung-related diseases in the industrial sector. This connection was confirmed in 1955, and soon the continued use of asbestos despite knowing about its deadlier side became a legal nightmare for the industrial sector. Mesothelioma litigation in the United States has enabled mesothelioma victims win hundreds of thousands of dollars in lawsuits from their callous employers. It has been one of the successes in the battle against mesothelioma indirectly, and against the irresponsible attitudes of the management of workplaes that used asbestos, directly.

The Legal Aspect of Mesothelioma

Over the years, the legal benefits that mesothelioma victims have received have been enormous. The symptoms of mesothelioma manifest much after the initial inhalation of the asbestos fibers. Mesothelioma treatment is also painful and expensive. The compensations awarded to them have helped them at least cover their medical expenses. Nowadays there are mesothelioma law firms – law firms that specialize in mesothelioma. They have trained mesothelioma lawyers and mesothelioma attorneys. These lawyers specialize in mesothelioma compensation cases.

It can happen that a victim may shy away from legal recourse because they fel that they do not have adequate financial support to pay the lawyer. However, this is a scenario they need not worry about. All they have to do is contact a mesothelioma support group, or a mesothelioma help group. These are present all over the United States. The patient can also go online and put a search for mesothelioma legal assistance cells by typing mesothelioma and then typing the name of the state or area they are from in the search field of the search engine they are using. This is not a fixed rule – they can type it in any order. For example – mesothelioma California, mesothelioma Texas, mesothelioma lawyer texas, New York mesothelioma, California mesothelioma lawyer, etc.

How are Mesothelioma Lawyers so Successful?

One of the basic things in awarding compensation is for the judge or the jury to decide whether the harm done was intentional, or whether it was the result of a choice the victim made, in simple terms. In many cases, the circumstance of a victim is a result of a choice he or she made. For example, in a smoking-related cancer case, the choice to smoke was made by the victim. However, in the case of mesothelioma, the situation is different. The circumstance of mesothelioma in the victim could have been averted if only his employers had been more careful, had made him aware about the risks the job entailed, and then let him choose, besides providing him whatever protection required to prevent him from being exposed to asbestos. This is one area that mesothelioma lawyers and mesothelioma attorneys have been able to successfully work on.

After the initial slew of mesothelioma cases and lawsuits, now laws are firmly in place to safeguard the health interests of the worker. Besides, in the event of someone actually suffering from mesothelioma, there are some guidelines towards seeking legal redress for them as well. Mesothelioma law is strict and helps provide fair verdicts in mesothelioma-related compensation cases.

Guidelines for Mesothelioma Victims Seeking Legal Action

The primary rule of thumb while filing a mesothelioma lawsuit is that it has to be filed immediately on diagnosis of the disease. In fact, in many of the states across the United States, mesothelioma laws stipulating the timeframe within which a lawsuit can be filed are in place. On diagnosis, you can contact a mesothelioma lawyer through your local mesothelioma activists or mesothelioma group for more mesothelioma information relating to lawsuits. The work of a mesothelioma lawyer or mesothelioma attorney is not limited to just fighting your case. A mesothelioma attorney usually has an extensive network of contacts – other victims, mesothelioma case histories, good treatment facilities, nature of treatment options available, in fact, for most mesothelioma-related information. His specialization is a distinct advantage over a lawyer who doesn’t have too much of an idea about mesothelioma.

The government is also taking steps to ensure that workers are safe from exposure to asbestos. The U.S. Environmental Protection Agency (EPA) has passed laws and regulations stipulating safety measures and also has set in motion plans to ban and phase out the use of asbestos as much as possible. You can find more information about this at the EPA website – www.epa.gov.

You can also browse the Internet for mesothelioma-related information, mesothelioma pictures, more information on asbestos, etc.

Mesothelioma & the Law



Mesothelioma & the Law

What are mesothelioma lawsuits and how do they arise?

Mesothelioma lawsuits are filed by the victims of mesothelioma to avail reparations for medical expenses, pain & suffering and loss of income associated with the growth of this disease. Mesothelioma is a kind of cancer, which is inflicted by exposure to asbestos most frequently used in industrial and residential places till the late seventies. The numbers of mesothelioma victims were on the rise as the employers continued using these hazardous materials despite knowing the harmful consequences of them. Thus the poor workers, who were ignorant of the potential health risks that they were about to confront, were the unfortunate victims.

In case the victim dies there is a provision that one of the family members or the executor of his estate can file the lawsuit. On the other hand a family member who has contracted the disease from the victim of mesothelioma can also file a lawsuit.

Thus, if an individual is victimized owing to the negligence of another person, he has absolute right to take legal actions in the court of law for compensation. An individual needs to first consult with an attorney who deals with asbestos litigation and on his discretion the victim can file the suit.

How long does the process take and what are the end results?

These lawsuits tend to be cumbersome and longwinded. It could also stretch to years even to reach any settlement. Again all lawsuits are not necessarily longwinded; some of them take lesser time. However, in some of the cases the victims receive negligible amount of money, most of which are used to meet the lawyer's and the court's expenses. Nevertheless victims of mesothelioma should exhibit their rights and fight for their compensation. Again, mesothelioma lawsuits are generally settled out of court before they are set for trail. This actually makes more sense because it curtails court expenses for both the parties.

What can you do if you are uncertain about exposure to asbestos?

If you don't know where and when you were exposed to asbestos, you should speak to your lawyer who will help you out. The lawyer may possibly hire a professional investigator who can make the necessary investigations so as to find out where the exposure had occurred and who are the ones that can be held responsible.

How much do you have to pay?

Factually, you need not pay unless and until you receive your compensation. It is only then that your lawyer shall take a percentage out of the compensation as his remuneration.

How much can you expect as compensation?

Well it depends on how creditable your case is. You will find that past settlements amounted to quite a ransom. But in the recent past with the subsequent increase in the number of mesothelioma lawsuits, there is a sleek chance to realize the entire amount.

The history of mesothelioma lawsuits

According to U.S mesothelioma history, the first ever mesothelioma lawsuit was filed in 1966 against the careless use of asbestos. But unfortunately the verdict went against the case. For the second time, another suit was put forward for a co-worker and this time the case was won. This gave impetus to all those helpless victims who craved for justice as innumerable mesothelioma lawsuits cropped up simultaneously.

Mesothelioma lawsuits also tells us that how ignorant people were initially about the causes and the aftereffects of the deadly disease. But now with the intervention of the law firms the victims of mesothelioma are provided with all-round assistance as regards lawful solutions to their righteous problems.

Mesothelioma Legal Overview

Mesothelioma Legal Overview

If you are seeking legal assistance as part of your coping strategy with this disease, regardless of your diagnosis and prognosis, treatment plan or specific challenges, there are certain things to bear in mind.

It is always wise to contact and contract an asbestos-related specialist or personal injury lawyer, to best advise you on potential grounds and feasibility for a lawsuit. If you are interested in pursuing a case against asbestos companies, previous employers and the like, it is best to get experts on your side as soon as possible. Get their input on the feasibility of your case, clarification regarding costs, recovery amounts and medical or diagnosis requirements etc.

As to when the most appropriate time would be to contact a legal representative in this process, sooner rather than later is advisable. It could be for yourself or on behalf of a loved one, relative or friend. Always hold your best interest front of mind.

If the patient is still alive, the case can be accelerated through the system and court. Funds will be available and disposed to you sooner rather than later than can really help alleviate some of the pressures and bills you have to deal with, even and especially if you have lost your job because of the illness. Tracing your professional or exposure history is essential. The sufferer is normally the best source and most reliable ‘evidence’ bearing witness if you will as to under what conditions work and exposure occurred. Timing is everything, there are so-called time-sensitive aspects to be considered, like the statute of limitations. From diagnosis to filing of the law suit, only a certain amount of time might be legally allowed for recourse of any kind. Sooner the better is the rule of thumb for hiring an attorney.

There are always the questions regarding legal fees and costs of hiring a lawyer. Contingent fees (which means the lawyer will only get paid if you are successful and this will come from the settlement) should make this decision, even in this difficult time a little easier.

Cases can last up to 1 year in the courts and recently they have been known to be accelerated to get justice due for the suffering victims of asbestos exposure-related illness and disease.Â

Types of Mesothelioma

Types of Mesothelioma

About Pleural Mesothelioma - A Cancer of the Lining of the Lungs

Pleural Mesothelioma is a cancer of the lining of the lungs, called the "pleura". The "pleura" are fibrous sheets that help to protect the lungs. They produce a lubricating fluid that allow the lungs to move smoothly as we breathe.

Because pleural mesothelioma is uncommon, some doctors misdiagnose the disease as lung cancer. Lung cancer, however, is different from pleural mesothelioma because lung cancer is a malignant tumor that originates in the lungs, whereas pleural mesothelioma occurs in the lining of the lungs.

Pleural mesothelioma is the most common type of malignant mesothelioma. It accounts for about 75% of all types of malignant mesothelioma.

Find out more about:
Pleural Mesothelioma Symptoms.
Articles / Case Studies on Pleural Mesothelioma or Diffuse Malignant Mesothelioma.
About Peritoneal Mesothelioma Cancer

Peritoneal mesothelioma is a cancer in the lining that surrounds the stomach or abdomin, called the peritoneum. The peritoneum are cells that produce a lubricating fluid that protect the stomach. They allow the stomach to move freely when, for instance, you are digesting food.

Peritoneal mesothelioma is much less common than pleural mesothelioma. It accounts for about 10 to 20% of mesotheliomas.

Find out more about:
Peritoneal Mesothelioma Symptoms.
Article / Case Studies on Peritoneal Mesothelioma / Abdominal Mesothelioma.
About Pericardial Mesothelioma Cancer

Pericardial mesothelioma is a cancer in the lining that surrounds the heart, called the pericardium. The pericardium are cells that produce a lubricating fluid that protect the heart. They allow the heart to move freely when, for instance, it is pumping blood to other parts of your body.

Pericardial mesothelioma is the least common form of malignant mesothelioma. It only accounts for 5 to 15% of all mesotheliomas.

Find out more about
Pericardial Mesothelioma Symptoms.
Article / Case Studies on Pericardial Mesothelioma

* Peritoneal Mesothelioma
* Pleural Mesothelioma
* Pericardial Mesothelioma