Friday, September 10, 2010

Asbestos Mesothelioma Legal Information and You?

Facts you need to know regarding asbestos mesothelioma legal information? Asbestos is classified as a naturally sourced mineral. It's been utilised for many years for assorted reasons such as in building components, small appliances, insulating materials and vehicle components. It's used in shipyards, manufacturing plants, railroads, industrial facilities as well as in other places. It is known as extremely resistant against deterioration and is a great insulator next to high temperature.

However, asbestos has some properties that make it harmful to any person handling it. It has been known to cause of various cancers, such as lung cancer and mesothelioma. The latter is a rare form of cancer, also known as asbestos cancer. The mesothelium is the lining of some cavities and organs. The mesothelia most affected by exposure to asbestos are those of the heart, lungs and intestines.

According to statistics, Mesothelioma kills about 3000 people annually. This kills 3% to 5% more males than ladies. This is mainly because men constitute a larger portion of the workforce than women. This cancer also has a latency period. It takes a long time to develop, sometimes even decades.

Individuals with Mesothelioma have numerous legitimate options to obtain settlement. Affected persons are encouraged to file lawsuits for compensation. There are two types of asbestos cancer lawsuits: personal injury and wrongful death. In the former, a person with mesothelioma cancer files a claim for damages, ranging from loss of wages, past and present medical expenses and pain and suffering. In the latter, survivors of a deceased victim of this cancer may file a wrongful death claim, for the premature death of their kin. The claim covers earnings, companionship, protection as well as treatment providers. In the US, regulations pertaining to these lawsuits differ from one state to another.

For many years, companies that used asbestos never educated their employees on the risks of dealing with this well-known carcinogen. Consequently, many employees contracted diseases due to overexposure, while companies got away with their negligent behavior. Today, however, things are different. Persons that worked in such companies can now file lawsuits seeking compensation, even though they no longer work there anymore. Compensations from such claims are large enough for the patient and their family as well.

In addition, the US government protects people with disabilities. Patients suffering from Mesothelioma cancer are eligible for disability compensation. They are able to secure compensation by submitting a social security disability lawsuit claim, seeking financial help. They may also pursue a similar disability claim privately with an insurance company, through their employer's insurance policy, or an existing life insurance policy. In some instances, health insurance should provide monetary compensation to help offset some of their medical costs. In the event the insurance company declines to do so, one may file a lawsuit for unmerited insurance practice.

It is advisable to seek the services of a lawyer for asbestos mesothelioma legal information who is well acquainted with similar lawsuits and who is able to work around the legal intricacies of such cases. Victims of this disease no longer need to suffer unnecessarily as there are many legal options available to them now.

Warning Signs and Symptoms of Mesothelioma

People can develop mesothelioma through their exposure to asbestos. This happens when asbestos fibers are inhaled. The fibers then ledge in the air passages of the lungs and chest wall. The asbestos can then damage the chest wall cells and result in mesothelioma cancer. This is known as pleural mesothelioma. When the fibers are breathed in and then coughed up and swallowed, mesothelioma of the abdomen can result, also known as peritoneal mesothelioma.

Many people diagnosed with mesothelioma were exposed to asbestos when they were very young. This could have occured when parents exposed to asbestos came home with the fibers on their clothes. The clothes may have retained asbestos fibers that could then be breathed in by others in the home, including children.

Other reasons children have been exposed to asbestos was the presence of the fiber in the homes or school. The Asbestos Hazard Emergency Response Act was passed in 1986, requiring school buildings to be inspected for asbestos. As late as 2007, some popular toys were found to contain asbestos, despite the efforts to severely limit its use.

People who have mesothelioma are often unaware of their disease for decades. It is usually not until they suffer symptoms from the advanced stages of the disease that they seek help. When people have pleural mesothelioma, some of the symptoms include:

Chest pain


Coughing up blood

Difficulty breathing

Difficulty swallowing


Fuid in the chest


Weight loss

People who have been diagnosed with peritoneal mesothelioma may experience one or more of the following symptoms:

Abdominal fluid

Abdominal swelling

Digestive problems


High white blood cell Count

Mass on the abdomen

Pain in the abdomen

Weight loss

The symptoms for both kinds of mesothelioma can cause great pain for the sufferer. Victims often have no appetite and cannot sleep at night. While the symptoms that accompany mesothelioma cannot be eliminated, there exist options for the reduction of pain and discomfort.

People who have mesothelioma are urged to have regular checkups with their doctor. The initial diagnosis of mesothelioma often occurs from a chest X-ray, especially if the person is coughing and experiencing shortness of breath. The X-ray may show things like thickening of the pleura, changes in the structure of the lungs and calcium deposits.

If you believe you have been exposed to asbestos, it is crucial to be tested as soon as possible so that a diagnosis can be made and the proper treatment began. When the diagnosis is made early, this can limit the complications and discomfort the patient experiences. The three types of standard treatment used when a diagnosis of mesothelioma has been made are surgery which removes the cancer, radiation therapy which uses targeted high-dose x-rays to destroy cancer cells and chemotherapy which uses drugs to eliminate the spread of the cancer.

Qualified Mesothelioma Attorney - How to Look For One

Mesothelioma lawsuit is a specialized case. Handling specialized cases requires expert skill and knowledge. Mesothelioma is a debilitating disease. It deprives the patient of living a normal life and maintaining regular work. Hence, financial losses incurred from medical bills cannot be compensated unless the patient files a mesothelioma lawsuit. The first step is the most essential, looking for a mesothelioma attorney.

Gather information from your immediate network. Ask your family and friends if they can recommend a mesothelioma attorney. It might be better to establish a working relationship with someone who is highly recommended. It may also be a good idea to ask your doctor for recommendations. Your doctor or oncologist may have been involved in a similar case and may be able to recommend a lawyer with a high success rate. However, your local courthouse or bar association may be able to provide a more accurate list of expert attorneys. Mesothelioma lawsuit procedures may differ from state to state. Hence, it may be good to consider an attorney who is an expert in mesothelioma lawsuit in your area.

You may also consult your local yellow pages for a list of qualified attorneys. Take note of the references and case history, if provided. Be wary of the ads, however. It is best to refrain from any judgment until you have personally met with the attorney. You may also search for a qualified mesothelioma attorney via the Internet. The Internet can provide an extensive list of attorneys via category. Limit your search to attorneys who have a high success rate in handling mesothelioma lawsuits. However, information gathered from the yellow pages and the Internet needs further verification.

Visit the law offices and schedule a free consultation with your preferred attorneys. Prepare a list of questions prior to your visit. List down all your inquiries and legal jargons encountered while researching. If you are not confident or satisfied with the first attorney, they visit other law firms. It is not bad to shop around for a qualified mesothelioma attorney. In fact, it may even be to your advantage in the end. Verify the references and case history. Ask how much of the case load are mesothelioma lawsuit. It is imperative that you establish a good working relationship with your attorney. The success of the case is not only based on how your attorney handled the case. It also depends on how you and your attorney work together in order to achieve a favorable settlement.

Injury Attorneys and the Law

Personal injury is serious and may require a Texas injury attorney or Dallas personal injury attorney to help you recover from your losses and injury. Law defines personal injury as injury caused to emotions, mind, or body. If you suffer mental, emotional, or bodily injury, by law you have the right to file a lawsuit.

Injuries to an individual are one of the most common lawsuits in the United States. Individual injure cases does not include property damage. Rather, these laws falls under what is known as the Tort laws. What this means is that the injured person may file a court case, thus alleging that a person known as a Plaintiff has caused him or her injury due to negligence.

Common legal cases that may fall under traffic accidents or injuries caused from traffic accidents. This is one of the most common causes of injury. Work related accidents that cause accidents, and causes injury to another person subjects them to a complaint.

Under actionable injury laws if you are hurt from an assault, home-based accident, trip, or fall, holiday accident, and product defect accident by law you may sue the person that caused the injury due to negligence. Look up liability laws to get a comprehensive description of injure laws.

Other laws may fall under medical malpractice, dental malpractice, or negligence. Lawsuits filed under these categories are often difficult to beat. Some illnesses acquired from negligence from working in industries often include asbestosis, mesothelioma, etc. Chest illnesses such as silicosis, chronic bronchitis, asthma, emphysema, and chronic obstruction to the airway, pulmonary disease, pneumoconiosis, or other diseases may qualify you to file a complaint if you have fallen victim to this disease from working in an industrial company.

Several other injuries or diseases acquired from working in industries may include vibration white finger, deafness, occupational stress, repeating strains, dermatitis from contact, etc. If a judge in a court of law has proof that the plaintiff caused your injury, you may be compensated for your loss or injury.

The USA system is controversial and extremely complex and the Tort Reform laws make it much more complex to beat liability cases. Thus, most attorneys handle contingency in the courts, and if you win, then you must pay compensation to the lawyer. In other words if you do not win, you should never have to pay an attorney.

Sunday, August 29, 2010

Mesothelioma Lawyers - Do You Need One

Mesothelioma is a cancer usually caused by exposure to asbestos either directly or indirectly. As it can take up to 50 years for the cancer to appear it can be very difficult to ascertain where, when and how the exposure occurred.

The exposure to asbestos can often be as a result of either working in an industrial environment where asbestos was used. Cases have been made and compensated where relatives have become infected after handling clothes of workers that have been contaminated with asbestos.

The disease is caused by inhaling asbestos fibre which scar the lungs and continues to do so even after the exposure to the fibre has stopped.

Asbestos was used in many different industrial operations, but mainly as a fire resistant material used as insulation. Other known instances of where asbestos fibres were used are in the manufacturing and servicing of engine gaskets and break linings.

Mesothelioma Lawyers specialise in taking on the cases of people who have been diagnosed with this condition and putting together a structured case for compensation. This can be time consuming, difficult and takes a lot of research to obtain the full details to make a case.

Employers are responsible for the safety of their workers. If it is proved that they have been exposed to asbestos through their job either past or present, the compensation awarded by the courts for Mesothelioma cancer can be substantial.

So do you need a Mesothelioma Lawyer?

A good Mesothelioma Lawyer will understand the complicated nature of any claim and be will able to advise you on the level of compensation you should seek based on the facts of your individual case. Mesothelioma litigation is a very complicated process as the symptoms usually take at least 10 years to show. A lot of investigation is required which can involve having to go back over 50 years to gain evidence of your exposure to asbestos.

Mesothelioma lawyers will know what benefits you are entitled to and how you can claim them, even if your relative has already died of mesothelioma.

Once you are diagnosed with the condition you are entitled to industrial injury benefit.

But I can't afford a Mesothelioma Lawyer!

As you can imagine instructing a Mesothelioma Attorney to act on your behalf is going to be very costly, as in some cases they will have to go over 50 years to find convincing evidence. Having said this, however, many lawyers will work on a no-win no-fee basis. They will initially discuss your case with you and decide on the circumstances of your claim. From this initial consultation they can usually decide if you have a good case and then work on a contingency fee basis. A contingency fee is the lawyers cut of any payment awarded to you. The asbestos industry can also pay you financial compensation if it is claimed. You may also be eligible for legal aid to get your case to trial. These are all things a competent mesothelioma lawyer will be able to advise you on.

Should I consider Mesothelioma Litigation?

If you or one of your loved ones is diagnosed with Mesothelioma cancer you will almost certainly have been exposed at some time in the past and probably over 10 years ago to asbestos fibres. You may not even have known you were being exposed to asbestos. In the unlikely case that you did, you may not have realised your employer had a legal obligation for your safety.

Cases of Mesothelioma Litigation can be very complicated and Mesothelioma Lawyers need to highly qualified and skilled in handling the whole litigation process. They will be continually updating their knowledge of Mesothelioma cancer and its causes along with the requirements to get a case to court.

If you have been affected by this disease your quality of life may have, or will in the future suffer by having being infected with Mesothelioma.

You need to consider all your options regarding litigation but you may well benefit considerably by making contact with a Mesothelioma lawyer and discussing your options.

Looking For an Experienced Mesothelioma Lawyer?

You may have recently found out that you or your loved one has mesothelioma, a kind of cancer that is acquired through the exposure to asbestos. When you inhaled asbestos fibers and it enters your lungs, it tears out the lung tissues and causes the growth of cancer cells. Some people may link smoking with mesothelioma but there really is no direct cause and effect relationship that exists between the two. What you should remember is that it may make your situation worse but it may not actually cause it. If you have this kind of disease, you should already engage in treatments and other medical sessions that would help you recover from it. You may also consider having a mesothelioma lawyer since the group that may have cause your exposure to asbestos may offer you settlement fees and this may be a big help in paying all your medical bills.

If you want to get a bigger amount of the settlement fee, you should be able to make your case stronger. You can do this through hiring a mesothelioma lawyer. With the use of the expertise and technical knowledge of a mesothelioma lawyer, you may make your case stronger and get a bigger amount from the company. Although the claims may vary from one situation to the other, you should also know that not all mesothelioma lawyers may help you out since there is a needed level of experience before a lawyer can make your case win. Also, you should consider that the generalized lawyers may not know other technical aspects of a mesothelioma case. Thus, it is still better that you hire a specialized mesothelioma lawyer to ensure that he is focused on your case and he knows what actions should be done best. With the specialized and experienced mesothelioma lawyer, you can feel more assured that he already had other experiences with the case so he already have an idea on what way should be done to make the case more favorable for you.

There are many mesothelioma lawyers that can handle your case. One individual may have an advantage over the other. You must then assure that you have checked out the qualifications of as many mesothelioma lawyers as possible. This is important so that you can select the one that can give you the best service. You will also have to check if you can talk to the mesothelioma lawyer that you are considering because a constant communication and understanding would be needed to ensure that both of you know what the goal of the case is. When the mesothelioma lawyer and the client is able to agree on the goal, the lawyer can now make the necessary actions to achieve the goals and the client would freely cooperate with the process.

When these considerations are kept in mind, having the right mesothelioma lawyer handling your case would then be an easy task. You will have to prepare for the case so that you will get the results that you need.

Selecting a Mesothelioma Lawyer

If you have been diagnosed with mesothelioma and find yourself having made the decision to hire a mesothelioma lawyer, make sure that you take this decision very seriously. It is of great importance that you do your homework and seek out the best and most experienced mesothelioma lawyer and not just the one with the flashiest advertising.

It is very important to find a lawyer that has years of experience and positive jury verdicts for mesothelioma cases. When hiring a mesothelioma lawyer it is important to find someone who you can trust and who you feel has your best interest as their top priority.

Ignore the hype, the sales pitch, the glitzy offices, the fancy advertising, and the pressure to sign now; and go for the services of an experienced mesothelioma attorney when seeking counsel to handle your case. Litigating mesothelioma is difficult therefore, having an experienced attorney by your side is of utmost importance... with the key being on "experienced".

When interviewing a mesothelioma lawyer it is important that you ask questions such as how many mesothelioma cases have they handled; again this speaks to the importance of finding an experienced attorney to work on your behalf.

You will also want to know how many mesothelioma cases the lawyer has settled and on the average how long did it take to settle the claim. If at all possible you will want to avoid a jury trial, simply in the interest of time and stress.

Mesothelioma is an aggressive cancer and one for which there is no known cure. Time is meant to be spent with your loved ones and not in a protracted court battle. An experienced mesothelioma lawyer can help to move the process forward in a concise and well thought out manner. When interviewing a mesothelioma lawyer, ask if they will pass your file onto another firm. The lawyer you interview may not even be the lawyer that ends up working on your case. Ask the questions and expect satisfactory answers!

Also ask how many attorneys will be working on your file and exactly how long have those attorneys been practicing law. Remember this is not the time for inexperience and you deserve to know who will be working on your lawsuit. You will also want to know if there have been any grievances filed against the mesothelioma lawyer you interview. Ethical and moral practices should be an expectation.

Another helpful question would be; what is the average compensation for a mesothelioma case that the lawyer has won?

Also, focusing on the less stressful route and the most expeditious route, remember to ask about the odds for settling outside of court versus having to go to court and attempting to win a jury verdict. Take the time to ask these simple questions in your initial meeting with the mesothelioma lawyer.

Don't take short cuts.

Doing the hard work on the front end will make such a difference for you and your family. Another key piece of advice is to avoid making any final decisions and avoid signing any legal agreement based on the first meeting with a perspective mesothelioma lawyer. You should take a few days to think over the results of the interview and should always interview more than one attorney prior to making a decision.

Yes, time is of the essence and it is your responsibility to have your lawsuit handled by a lawyer who understands the complexity of asbestos claims. Experience really does count.

Asbestos claims are often very complex and proving the link between your illness and your exposure to asbestos can be quite difficult and often time consuming. The guidance of an experienced mesothelioma lawyer is critical to helping you and your family as you seek and receive financial compensation for being diagnosed with mesothelioma related to asbestos exposure.

Experienced attorneys in this field understand that each case is different and deserves individual attention, and will pursue your lawsuit with experience and knowledge of mesothelioma and the asbestos industry.