Sunday, November 11, 2007

Mesothelioma Litigation

With mesothelioma on the rise, and new cases of this cancer coming to light on a regular basis, mesothelioma litigation has become a multi-billion dollar industry in compensation claims against manufacturers of asbestos as well as the companies that may have exposed staff to this carcinogenic substance without adequate protection and warning. Because of the steep rise in mesothelioma cases over recent years, there are now many specialist lawyer and law firms that deal specifically with mesothelioma cases and litigation, fighting to get mesothelioma victims and their families the compensation they deserve for their pain and suffering.

For those looking for legal assistance relating to asbestos and mesothelioma, it is worth looking into finding a lawyer who has experience in mesothelioma litigation. This because the more experienced lawyer will have already established links and access to other groups and resources that could help your compensation claim and lawsuit along.

There are time limits set from state to state with regards to mesothelioma litigation. In most states you will find that these time limits are 12-24 months from diagnosis. If you are a family member of a loved one who has already passed away from this cancer, you can also file a lawsuit. Again, you need to act quickly as the time limit is generally 12-24 from the death of your loved one.

By contacting a lawyer that is experienced is asbestos litigation, you can discuss your case and find out what your legal options are. There is not set conclusion with regards to mesothelioma litigation, and it is impossible to predict which way your lawsuit will go. However, by seeking early advice and being as open and honest as possible with your lawyer, you can help to increase your chances of filing a successful lawsuit. It is important to allow plenty of time for the lawyer to put together a watertight case, which is another reason to seek legal assistance as early as possible.

Mesothelioma litigation offers a number of options depending on the circumstances of the individual. Some of the options for filing a claim as part of mesothelioma litigation includes:

Product Liability :

This is where you have been exposed to asbestos and therefore have contracted mesothelioma through the use of a defective product. By ingesting asbestos dust and fibers from the defective products you may have developed this cancer, hence this form of litigation may prove the most effective.

Professional Malpractice:

This is for delay in treatment due to medical incompetence or negligence. However, you should remember that the symptoms of mesothelioma are non-specific which means that they are common symptoms in a wide range of other diseases. This makes mesothelioma very difficult to diagnose and your doctor should be made fully aware of your exposure to asbestos.

Worker Compensation:

This is where you may have been exposed to asbestos through your job. Many people now in their sixties and seventies worked with asbestos thirty to fifty years ago and have now developed mesothelioma. The company that was responsible for this exposure can be sued for compensation. And even if the company has gone bankrupt, special federal laws mean that you may still be entitled to compensation.

Wrongful Death:

This is where the victim of mesothelioma has already passed away and a member of the family is filing a lawsuit. Again, it is very important to seek legal assistance as early as possible as it can take time to put the case together and you must act within the limitations. The family member can help to speed things up by providing as much information as possible, although the lawyer can also arrange investigations into the exposure of the victim to asbestos.

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