Mesothelioma is a cancer in the mesothelium or the sac that protects the internal organs in the human’s body. As this is a kind of cancer, this happens when the cells abnormally grow. This kind of disease is linked with a carcinogen, the asbestos and it is said that exposure to this kind of chemical caused mesothelioma. Most individuals that have this kind of disease have the cancer in the lining of the heart or lungs. This is actually a serious case and there are different aspects of the treatment that must be done. If your loved one has mesothelioma, there may be a big help if you consider hiring a mesothelioma lawyer.
When an individual has mesothelioma, he may have acquired the disease through the exposure from the harmful chemical. Thus, if the company that you worked for is the reason why you have the disease, you may ask the help of a mesothelioma lawyer so that you can get help from the company in terms of paying for the medical expenses. The bill for the chemo therapy and other treatment sessions may be too large and as you are sick, you may not have a stable job to support your needs. Thus, having a mesothelioma lawyer to help you get financial claims may be your way of surviving and keeping your family secured.
As the need for a mesothelioma lawyer is already established, you may now start looking for the lawyer that can supply you with your needs. You should make sure that the individual that you hire is someone that has the right amount of knowledge regarding mesothelioma cases. This will help you get your goals achieved. Also, your mesothelioma lawyer needs to be someone that you can freely talk to. His knowledge is important but you must make sure that you can communicate well and understand each other. This is important so that you can be sure that you will know what the status of your case is and your mesothelioma lawyer will also understand what you need and want to achieve.
An additional consideration in getting a mesothelioma lawyer would be the amount of time that this person may allot for handling your case. You wouldn not want an incompetent mesothelioma lawyer handling your most sensitive legal case so do the necessary screening processes so that you can ensure that your needs are met. When you are able to get experienced and aggressive mesothelioma lawyers handling your case, it would not be difficult to get your financial settlement. You will then have a more peaceful time in your recovery because there is still a chance for you to get better. These mesothelioma lawyers may only help you financially but his help may be a big contribution on your strength and eagerness to recover and get into better health.
Getting legal settlement form the companies that may have caused your sickness may vary from one person to another. However, you must ensure that you get the highest possible compensation since the payment of the medical fees is high. Your mesothelioma lawyer may be a big help for you or he may even be the cause of the failure of your case. Thus, careful selection must be done.
Showing posts with label mesothelioma cases. Show all posts
Showing posts with label mesothelioma cases. Show all posts
Thursday, September 17, 2009
Sunday, August 16, 2009
:: The Importance of a Mesothelioma Attorney ::
The importance of a mesothelioma attorney is not fully appreciated by most people. Mesothelioma is an incurable form of lung cancer that is generally associated with exposure to asbestos fibers, and is probably the one form of cancer that has led to more lawsuits for damages than any other.
It would be thought that a person suffering from mesothelioma that had previously worked in the asbestos industry would have a cast iron case, but this is not in fact the case. The real facts are that mesothelioma is a term for cancer of the mesothelium, more commonly known as the pleura, the lining of the lung. The problem is that most forms of lung cancer are termed mesothelioma, and it can be extremely difficult to prove that they are caused by one source alone. This in itself could give a mesothelioma attorney a big headache. However, there is worse to come for them.
Smoking! Believe it or not around 80% of Mesothelioma cases in North America are caused by smoking - not asbestos! Hence, if a smoker contracts the disease then the asbestos companies will naturally use that as a defense, and claim that smoking was the real cause and not the asbestos. Your mesothelioma attorney now has a real fight on his or her hands to get you any compensation at all. Now that compensation for asbestos relayed cancers has reached very high levels, most asbestos companies will vigorously contest any case against them, and the services of a good attorney are absolutely essential if you are to have any success at all.
One of the problems involved here is that, just as smoking has not been definitively proved to cause lung cancer, neither has exposure to asbestos. Most doctors will agree on the relationship, but the courts require proof, and it is not there. There are still those that deny any relationship, and without cast-iron evidence their claim could be construed to be as legally valid as those of the vast majority that believe in the relationship. However, belief is not proof, even when that belief is held by over 95% of the population!
It is strange, however, that most people will accept that asbestos can cause mesothelioma while many that do so will not believe the same of smoking. It seems a case of unwilling to accept what might affect themselves. However, all of this is academic, and you will need a good mesothelioma attorney if the compensation awarded is to be sufficient to provide the palliative care that all mesothelioma patients will eventually need.
Most will require hospice care so that some of the pressure can be taken from their family, and while hospices in Europe are free, this is not true of the USA. What is certain is that a smoker will not receive the same level of compensation as a non-smoker since it has been established that smokers who are also known to have had long-term contact with asbestos are more likely to contract the disease than any other.
The importance of a mesothelioma attorney cannot be overemphasized, and if you are seeking one then there are many choose from since it is a lucrative profession. Make sure that you choose a good one, since there are also many of these around. Here are a few tips:
1. Make sure that your attorney has handled mesothelioma cases before, and that yours is not their first case.
2. Have they had previous successes in such cases, and what level of compensation have the succeeded in achieving?
3. Does your mesothelioma attorney have the backing of a good law firm, with others that can take over the case in the event of illness, or is your attorney a one man band. You are better to have a group of people helping you than a individual with this type of case.
4. Is your case being handled as an individual case or as as part of a class action. Class actions can save a lot of trouble, but can also result in a lower level of compensation - not always though, so discuss it with others who may have been involved in both before making a decision.
These are some of the aspects of your case that should be discussed with your solicitor. However, once you have considered everything related to your claim, you will always have to fall back to one simple decision. Who is to be your mesothelioma attorney and what instructions are you going to give.
Author: Tom Healy
It would be thought that a person suffering from mesothelioma that had previously worked in the asbestos industry would have a cast iron case, but this is not in fact the case. The real facts are that mesothelioma is a term for cancer of the mesothelium, more commonly known as the pleura, the lining of the lung. The problem is that most forms of lung cancer are termed mesothelioma, and it can be extremely difficult to prove that they are caused by one source alone. This in itself could give a mesothelioma attorney a big headache. However, there is worse to come for them.
Smoking! Believe it or not around 80% of Mesothelioma cases in North America are caused by smoking - not asbestos! Hence, if a smoker contracts the disease then the asbestos companies will naturally use that as a defense, and claim that smoking was the real cause and not the asbestos. Your mesothelioma attorney now has a real fight on his or her hands to get you any compensation at all. Now that compensation for asbestos relayed cancers has reached very high levels, most asbestos companies will vigorously contest any case against them, and the services of a good attorney are absolutely essential if you are to have any success at all.
One of the problems involved here is that, just as smoking has not been definitively proved to cause lung cancer, neither has exposure to asbestos. Most doctors will agree on the relationship, but the courts require proof, and it is not there. There are still those that deny any relationship, and without cast-iron evidence their claim could be construed to be as legally valid as those of the vast majority that believe in the relationship. However, belief is not proof, even when that belief is held by over 95% of the population!
It is strange, however, that most people will accept that asbestos can cause mesothelioma while many that do so will not believe the same of smoking. It seems a case of unwilling to accept what might affect themselves. However, all of this is academic, and you will need a good mesothelioma attorney if the compensation awarded is to be sufficient to provide the palliative care that all mesothelioma patients will eventually need.
Most will require hospice care so that some of the pressure can be taken from their family, and while hospices in Europe are free, this is not true of the USA. What is certain is that a smoker will not receive the same level of compensation as a non-smoker since it has been established that smokers who are also known to have had long-term contact with asbestos are more likely to contract the disease than any other.
The importance of a mesothelioma attorney cannot be overemphasized, and if you are seeking one then there are many choose from since it is a lucrative profession. Make sure that you choose a good one, since there are also many of these around. Here are a few tips:
1. Make sure that your attorney has handled mesothelioma cases before, and that yours is not their first case.
2. Have they had previous successes in such cases, and what level of compensation have the succeeded in achieving?
3. Does your mesothelioma attorney have the backing of a good law firm, with others that can take over the case in the event of illness, or is your attorney a one man band. You are better to have a group of people helping you than a individual with this type of case.
4. Is your case being handled as an individual case or as as part of a class action. Class actions can save a lot of trouble, but can also result in a lower level of compensation - not always though, so discuss it with others who may have been involved in both before making a decision.
These are some of the aspects of your case that should be discussed with your solicitor. However, once you have considered everything related to your claim, you will always have to fall back to one simple decision. Who is to be your mesothelioma attorney and what instructions are you going to give.
Author: Tom Healy
The Importance of a Mesothelioma Attorney
The importance of a mesothelioma attorney is not fully appreciated by most people. Mesothelioma is an incurable form of lung cancer that is generally associated with exposure to asbestos fibers, and is probably the one form of cancer that has led to more lawsuits for damages than any other.
It would be thought that a person suffering from mesothelioma that had previously worked in the asbestos industry would have a cast iron case, but this is not in fact the case. The real facts are that mesothelioma is a term for cancer of the mesothelium, more commonly known as the pleura, the lining of the lung. The problem is that most forms of lung cancer are termed mesothelioma, and it can be extremely difficult to prove that they are caused by one source alone. This in itself could give a mesothelioma attorney a big headache. However, there is worse to come for them.
Smoking! Believe it or not around 80% of Mesothelioma cases in North America are caused by smoking - not asbestos! Hence, if a smoker contracts the disease then the asbestos companies will naturally use that as a defense, and claim that smoking was the real cause and not the asbestos. Your mesothelioma attorney now has a real fight on his or her hands to get you any compensation at all. Now that compensation for asbestos relayed cancers has reached very high levels, most asbestos companies will vigorously contest any case against them, and the services of a good attorney are absolutely essential if you are to have any success at all.
One of the problems involved here is that, just as smoking has not been definitively proved to cause lung cancer, neither has exposure to asbestos. Most doctors will agree on the relationship, but the courts require proof, and it is not there. There are still those that deny any relationship, and without cast-iron evidence their claim could be construed to be as legally valid as those of the vast majority that believe in the relationship. However, belief is not proof, even when that belief is held by over 95% of the population!
It is strange, however, that most people will accept that asbestos can cause mesothelioma while many that do so will not believe the same of smoking. It seems a case of unwilling to accept what might affect themselves. However, all of this is academic, and you will need a good mesothelioma attorney if the compensation awarded is to be sufficient to provide the palliative care that all mesothelioma patients will eventually need.
Most will require hospice care so that some of the pressure can be taken from their family, and while hospices in Europe are free, this is not true of the USA. What is certain is that a smoker will not receive the same level of compensation as a non-smoker since it has been established that smokers who are also known to have had long-term contact with asbestos are more likely to contract the disease than any other.
The importance of a mesothelioma attorney cannot be overemphasized, and if you are seeking one then there are many choose from since it is a lucrative profession. Make sure that you choose a good one, since there are also many of these around. Here are a few tips:
1. Make sure that your attorney has handled mesothelioma cases before, and that yours is not their first case.
2. Have they had previous successes in such cases, and what level of compensation have the succeeded in achieving?
3. Does your mesothelioma attorney have the backing of a good law firm, with others that can take over the case in the event of illness, or is your attorney a one man band. You are better to have a group of people helping you than a individual with this type of case.
4. Is your case being handled as an individual case or as as part of a class action. Class actions can save a lot of trouble, but can also result in a lower level of compensation - not always though, so discuss it with others who may have been involved in both before making a decision.
These are some of the aspects of your case that should be discussed with your solicitor. However, once you have considered everything related to your claim, you will always have to fall back to one simple decision. Who is to be your mesothelioma attorney and what instructions are you going to give.
Author: Tom Healy
It would be thought that a person suffering from mesothelioma that had previously worked in the asbestos industry would have a cast iron case, but this is not in fact the case. The real facts are that mesothelioma is a term for cancer of the mesothelium, more commonly known as the pleura, the lining of the lung. The problem is that most forms of lung cancer are termed mesothelioma, and it can be extremely difficult to prove that they are caused by one source alone. This in itself could give a mesothelioma attorney a big headache. However, there is worse to come for them.
Smoking! Believe it or not around 80% of Mesothelioma cases in North America are caused by smoking - not asbestos! Hence, if a smoker contracts the disease then the asbestos companies will naturally use that as a defense, and claim that smoking was the real cause and not the asbestos. Your mesothelioma attorney now has a real fight on his or her hands to get you any compensation at all. Now that compensation for asbestos relayed cancers has reached very high levels, most asbestos companies will vigorously contest any case against them, and the services of a good attorney are absolutely essential if you are to have any success at all.
One of the problems involved here is that, just as smoking has not been definitively proved to cause lung cancer, neither has exposure to asbestos. Most doctors will agree on the relationship, but the courts require proof, and it is not there. There are still those that deny any relationship, and without cast-iron evidence their claim could be construed to be as legally valid as those of the vast majority that believe in the relationship. However, belief is not proof, even when that belief is held by over 95% of the population!
It is strange, however, that most people will accept that asbestos can cause mesothelioma while many that do so will not believe the same of smoking. It seems a case of unwilling to accept what might affect themselves. However, all of this is academic, and you will need a good mesothelioma attorney if the compensation awarded is to be sufficient to provide the palliative care that all mesothelioma patients will eventually need.
Most will require hospice care so that some of the pressure can be taken from their family, and while hospices in Europe are free, this is not true of the USA. What is certain is that a smoker will not receive the same level of compensation as a non-smoker since it has been established that smokers who are also known to have had long-term contact with asbestos are more likely to contract the disease than any other.
The importance of a mesothelioma attorney cannot be overemphasized, and if you are seeking one then there are many choose from since it is a lucrative profession. Make sure that you choose a good one, since there are also many of these around. Here are a few tips:
1. Make sure that your attorney has handled mesothelioma cases before, and that yours is not their first case.
2. Have they had previous successes in such cases, and what level of compensation have the succeeded in achieving?
3. Does your mesothelioma attorney have the backing of a good law firm, with others that can take over the case in the event of illness, or is your attorney a one man band. You are better to have a group of people helping you than a individual with this type of case.
4. Is your case being handled as an individual case or as as part of a class action. Class actions can save a lot of trouble, but can also result in a lower level of compensation - not always though, so discuss it with others who may have been involved in both before making a decision.
These are some of the aspects of your case that should be discussed with your solicitor. However, once you have considered everything related to your claim, you will always have to fall back to one simple decision. Who is to be your mesothelioma attorney and what instructions are you going to give.
Author: Tom Healy
Mesothelioma: Causes, Symptoms, Prevention and Lawsuits
What is Mesothelioma? Mesothelioma is a rare type of
cancer that grows on the mesothelium, the membrane or
protective sac that surrounds the various organs of the
body. It guards the organs by producing a special type
of fluid to promote mobility of the organs. In the case
of the lungs, mesothelium fluid allows ease in the
movement when taking in air. Mesothelioma tumor can
start on any area of the mesothelium which can be
benign or cancerous. Known to be the cause of
Mesothelioma is exposure to asbestos.
Asbestos is a heat resistant fibrous mineral used in
the industry as the main material in making roofing,
gasket compounds, floor tiles and patching compounds.
Its versatility makes it a component of various
products in the market but it is extremely dangerous
once inhaled no matter how small the quantity may be.
Inhaled asbestos fiber can pass through the air
passages which can come in contact with linings of the
lungs which can injure the cells and result to pleural
Mesothelioma. Swallowed asbestos on the other hand can
affect the fibers lined up on the abdominal cavity
resulting to peritoneal Mesothelioma. There are also
evidences that link Mesothelioma with Thorotrast, a
component used for X-rays but its usage has been
stopped for a long time.
The symptoms and signs of Mesothelioma can be very
common that is why the patient may just take it for
granted. The symptoms may happen from two to three
months before Mesothelioma is detected. Pleural
Mesothelioma is the commonly occurring type which takes
part in almost two thirds of the total detected
Mesothelioma cases. The linings of the lungs and chest
called pleura are the affected regions of Pleural
Mesothelioma. Common signs are weight loss but not
related with shift in diet, extreme tiredness,
difficulty in swallowing, raspy or hoarse voice,
constant shortness of breath, cough that have lasted
for a long time, pain the chest or back, extreme
sweating and recurring fever. For Peritoneal
Mesothelioma, commonly affected organs of the body are
bowel, liver and spleen with signs that are similar to
bowel related diseases. Early symptoms include pain on
the belly area, recurring constipation or diarrhea,
increase in the waist area, nausea, vomiting, fever and
even anemia. Anyone who encounters these symptoms that
have been exposed to asbestos can better consult their
doctor for diagnosis to prevent further Mesothelioma
complicated problems.
Prevention of Mesothelioma can be best done by avoiding
contact with asbestos which is proven to be its main
causing agent. Asbestos is found almost everywhere may
it be at home, at work or in any public buildings.
Workers involved with it must take extra care and
precautions to avoid contact through inhalation or
swallowing. Low rates of Mesothelioma cases are
detected for the past 20 years but nowadays, the number
of affected individuals has been growing to a large
degree. In United States almost 2,000 new cases are
detected each year. It occurs mostly with men since
they are commonly the ones involved in business and
cases that involve the use of asbestos. Factory
workers, miners, railroad laborers, gas mask makers,
insulation workers and ship builders are the commonly
asbestos related victims.
The patients or the individuals affected with
Mesothelioma can file lawsuits against asbestos makers,
manufacturers and employers since they have the duty to
protect their workers from the negative effects of
asbestos including Mesothelioma. Several law firms and
lawyers are now available to help the sufferers fight
for their right and to attain the justice that they
deserve.
Author: David Arnold Livingston
cancer that grows on the mesothelium, the membrane or
protective sac that surrounds the various organs of the
body. It guards the organs by producing a special type
of fluid to promote mobility of the organs. In the case
of the lungs, mesothelium fluid allows ease in the
movement when taking in air. Mesothelioma tumor can
start on any area of the mesothelium which can be
benign or cancerous. Known to be the cause of
Mesothelioma is exposure to asbestos.
Asbestos is a heat resistant fibrous mineral used in
the industry as the main material in making roofing,
gasket compounds, floor tiles and patching compounds.
Its versatility makes it a component of various
products in the market but it is extremely dangerous
once inhaled no matter how small the quantity may be.
Inhaled asbestos fiber can pass through the air
passages which can come in contact with linings of the
lungs which can injure the cells and result to pleural
Mesothelioma. Swallowed asbestos on the other hand can
affect the fibers lined up on the abdominal cavity
resulting to peritoneal Mesothelioma. There are also
evidences that link Mesothelioma with Thorotrast, a
component used for X-rays but its usage has been
stopped for a long time.
The symptoms and signs of Mesothelioma can be very
common that is why the patient may just take it for
granted. The symptoms may happen from two to three
months before Mesothelioma is detected. Pleural
Mesothelioma is the commonly occurring type which takes
part in almost two thirds of the total detected
Mesothelioma cases. The linings of the lungs and chest
called pleura are the affected regions of Pleural
Mesothelioma. Common signs are weight loss but not
related with shift in diet, extreme tiredness,
difficulty in swallowing, raspy or hoarse voice,
constant shortness of breath, cough that have lasted
for a long time, pain the chest or back, extreme
sweating and recurring fever. For Peritoneal
Mesothelioma, commonly affected organs of the body are
bowel, liver and spleen with signs that are similar to
bowel related diseases. Early symptoms include pain on
the belly area, recurring constipation or diarrhea,
increase in the waist area, nausea, vomiting, fever and
even anemia. Anyone who encounters these symptoms that
have been exposed to asbestos can better consult their
doctor for diagnosis to prevent further Mesothelioma
complicated problems.
Prevention of Mesothelioma can be best done by avoiding
contact with asbestos which is proven to be its main
causing agent. Asbestos is found almost everywhere may
it be at home, at work or in any public buildings.
Workers involved with it must take extra care and
precautions to avoid contact through inhalation or
swallowing. Low rates of Mesothelioma cases are
detected for the past 20 years but nowadays, the number
of affected individuals has been growing to a large
degree. In United States almost 2,000 new cases are
detected each year. It occurs mostly with men since
they are commonly the ones involved in business and
cases that involve the use of asbestos. Factory
workers, miners, railroad laborers, gas mask makers,
insulation workers and ship builders are the commonly
asbestos related victims.
The patients or the individuals affected with
Mesothelioma can file lawsuits against asbestos makers,
manufacturers and employers since they have the duty to
protect their workers from the negative effects of
asbestos including Mesothelioma. Several law firms and
lawyers are now available to help the sufferers fight
for their right and to attain the justice that they
deserve.
Author: David Arnold Livingston
Thursday, August 13, 2009
Mesothelioma - Suing For Compensation
Most asbestos lawsuits have been filed by people who have worked in environments where they have been exposed to asbestos, and who subsequently developed an asbestos-related illness such as asbestosis or mesothelioma. The purpose of asbestos lawsuits is to recover financial damages from the employer responsible for maintaining the safety of the workplace, or from some other company that was negligent in manufacturing or in recommending a hazardous material.
Financial damages usually include the cost of medical bills, other costs associated with the disease, lost wages, and sometimes compensation for loss in quality of living or potential for future earnings. Mesothelioma cases usually recieve the highest settlement amounts -- typically being settled out of court for about $3 million each.
**The History of Mesothelioma Lawsuits**
The first asbestos products lawsuit took place in Texas in 1966 when Johns-Manville, Fibreboard and Owens-Corning Fiberglas were sued on behalf of Claude Tomplait, an asbestos worker. Tomplait lost this case, but it was quickly followed up by another one in 1969 which was won and upheld in appeals in 1973.
In the late 1970s the legal battles took on a different tone. It was found that asbestos companies were involved in a conspiracy to suppress knowledge about the harmful effects of asbestos. By 1982 punitive damages were being awarded to sufferers of asbestos-related diseases, and many of the major companies responded by seeking Chapter 11 bankruptcy protection.
This complicated the legal situation considerably. Things also changed in the 1980s because successive waves of new workers were coming forward with asbestos-related diseases. These included workers in construction companies, asbestos distributors, and companies involved with asbestos-related products such as brake linings and insulation.
Eventually, many of the major bankrupt asbestos companies set up settlement trusts to handle problem cases separate from the litigation process. Most lawyers will simultaneously proceed with litigation against the companies while negotiating with the settlement trusts. Normally, when a settlement is reached with the trust it will be for much less money, and payments are often spread over many years.
**How do lawyers proceed with mesothelioma cases?**
Most lawyers in this field will do an examination of each claim on an individual basis. Since they often take on such cases on a "contingency" basis, they will usually not take on a case unless they have a reasonable chance of winning. This means that a history of contact with asbestos is usually not sufficient to proceed. A person should have tangible evidence of the presence of mesothelioma before a serious case can be undertaken.
The lawyer will look at all relevant information including medical records, family history, work history, exposure to asbestos. They normally have to be satisfied of two things before beginning -- there must be a diagnosis of mesothelioma, and there must be defendants who can be held responsible. Once they have these two things they are usually prepared to take on the case.
**How are the lawyers paid?**
Most lawyers work on a contingency basis. This means they do not get paid until the case is settled in their client's favor. A standard rate is 30% of the gross settlement. When selecting a lawyer, be careful of how the funds are dispersed. Some will take their 30% and then pay the legal fees out of the client's portion. This means they will actually be getting more than 30% -- sometimes closer to 40 or 50%. Look for a firm that pays the fees out of the gross settlement amount. And be sure that there are no circumstances in which you will be billed for costs if your lawyer loses the case.
**Workers' Compensation or 3rd Party Litigation**
Normally when a claim is made against an employer, the case is handled by Workers' Compensation. In most jurisdictions this is a "no fault" insurance system. All employers must have this kind of insurance. So when a claim is made against the system, there is no need to establish that the employer was at fault. All the system has to do is establish that the employee has been injured or disabled because of his or her employment.
A workers' compensation claim can usually be finalized within 6 to 12 months.
When filing a civil lawsuit against a 3rd party such as a product manufacturer, the process is considerably more complicated. In this case, the lawyers representing a mesothelioma victim will usually name several defendants -- sometimes as many as 30 or 40 mining companies, manufacturers, distributors, brokers, insulation contractors, general contractors, etc.-- to attempt to spread the damages over as many parties as possible and increase the chances of receiving a sizable settlement.
Experienced lawyers will attempt to settle with defendants before actually going to court. If the case does get to court and a verdict is reached it is almost certain to be appealed. In such cases it can take years to reach a final resolution.
**If you have been exposed to asbestos...**
If you have been exposed to asbestos, the best advice is to have a thorough medical examination to determine if you have any signs of mesothelioma. If you do, then it is best to consult with a lawyer about your situation as soon as possible.
Author: Rick Hendershot
Financial damages usually include the cost of medical bills, other costs associated with the disease, lost wages, and sometimes compensation for loss in quality of living or potential for future earnings. Mesothelioma cases usually recieve the highest settlement amounts -- typically being settled out of court for about $3 million each.
**The History of Mesothelioma Lawsuits**
The first asbestos products lawsuit took place in Texas in 1966 when Johns-Manville, Fibreboard and Owens-Corning Fiberglas were sued on behalf of Claude Tomplait, an asbestos worker. Tomplait lost this case, but it was quickly followed up by another one in 1969 which was won and upheld in appeals in 1973.
In the late 1970s the legal battles took on a different tone. It was found that asbestos companies were involved in a conspiracy to suppress knowledge about the harmful effects of asbestos. By 1982 punitive damages were being awarded to sufferers of asbestos-related diseases, and many of the major companies responded by seeking Chapter 11 bankruptcy protection.
This complicated the legal situation considerably. Things also changed in the 1980s because successive waves of new workers were coming forward with asbestos-related diseases. These included workers in construction companies, asbestos distributors, and companies involved with asbestos-related products such as brake linings and insulation.
Eventually, many of the major bankrupt asbestos companies set up settlement trusts to handle problem cases separate from the litigation process. Most lawyers will simultaneously proceed with litigation against the companies while negotiating with the settlement trusts. Normally, when a settlement is reached with the trust it will be for much less money, and payments are often spread over many years.
**How do lawyers proceed with mesothelioma cases?**
Most lawyers in this field will do an examination of each claim on an individual basis. Since they often take on such cases on a "contingency" basis, they will usually not take on a case unless they have a reasonable chance of winning. This means that a history of contact with asbestos is usually not sufficient to proceed. A person should have tangible evidence of the presence of mesothelioma before a serious case can be undertaken.
The lawyer will look at all relevant information including medical records, family history, work history, exposure to asbestos. They normally have to be satisfied of two things before beginning -- there must be a diagnosis of mesothelioma, and there must be defendants who can be held responsible. Once they have these two things they are usually prepared to take on the case.
**How are the lawyers paid?**
Most lawyers work on a contingency basis. This means they do not get paid until the case is settled in their client's favor. A standard rate is 30% of the gross settlement. When selecting a lawyer, be careful of how the funds are dispersed. Some will take their 30% and then pay the legal fees out of the client's portion. This means they will actually be getting more than 30% -- sometimes closer to 40 or 50%. Look for a firm that pays the fees out of the gross settlement amount. And be sure that there are no circumstances in which you will be billed for costs if your lawyer loses the case.
**Workers' Compensation or 3rd Party Litigation**
Normally when a claim is made against an employer, the case is handled by Workers' Compensation. In most jurisdictions this is a "no fault" insurance system. All employers must have this kind of insurance. So when a claim is made against the system, there is no need to establish that the employer was at fault. All the system has to do is establish that the employee has been injured or disabled because of his or her employment.
A workers' compensation claim can usually be finalized within 6 to 12 months.
When filing a civil lawsuit against a 3rd party such as a product manufacturer, the process is considerably more complicated. In this case, the lawyers representing a mesothelioma victim will usually name several defendants -- sometimes as many as 30 or 40 mining companies, manufacturers, distributors, brokers, insulation contractors, general contractors, etc.-- to attempt to spread the damages over as many parties as possible and increase the chances of receiving a sizable settlement.
Experienced lawyers will attempt to settle with defendants before actually going to court. If the case does get to court and a verdict is reached it is almost certain to be appealed. In such cases it can take years to reach a final resolution.
**If you have been exposed to asbestos...**
If you have been exposed to asbestos, the best advice is to have a thorough medical examination to determine if you have any signs of mesothelioma. If you do, then it is best to consult with a lawyer about your situation as soon as possible.
Author: Rick Hendershot
Thursday, August 6, 2009
:: Pleural Mesothelioma ? Cancer of the Lung Lining ::
Pleural Mesothelioma or malignant pleural mesothelioma is cancer in the layer of the lungs that can spread to the lungs. The spread of the tumor over the pleura results in pleural thickening. This hinders the reflexivity of the pleura and encases the lungs in an increasing restrictive belt. With the lungs thus restricted, they get constricted in no time and a person is always out of breath.
Pleural mesothelioma can be:
- Diffuse and malignant (carcinogenic)
- Localized and benign (non-cancerous)
Benign pleural mesothelioma can be removed surgically, but the malignant tumors are the real terror heads.
Most common among other mesothelioma cases, Pleural Mesothelioma is caused due to exposure to blue asbestos for a longer period of time, say 20 years, in which time the disease incubates only to show its fearful countenance via certain symptoms.
The symptoms of Pleural Mesothelioma
The symptoms of Pleural Mesothelioma include difficulty in breathing, difficulty in sleeping, pain in the chest and abdominal regions, blood vomits, weakness, weight loss, loss of appetite, lower back pains, persistent coughing, hoarseness of voice, sensory loss and difficulty in swallowing.
Diagnosis of Pleural Mesothelioma
The first step is to go through a chest X-ray or a CT scan (computed chest tomograph), which will reveal a pleural thickening and an effusion. This is followed by a bronchoscopy. However, it should always be left to a medical practitioner for a better understanding of the respective cases. Another method is a biopsy, which can be a needle biopsy, an open biopsy, or a thoracoscopy, where a mini camera is inserted inside the body and with that a tissue sample is attained for further diagnosis.
Treatment of Pleural Mesothelioma
Treatment is directly proportional to the time of the revelation of the disease, i.e., at an early stage the tumor can be removed through surgery.
A pioneering mesothelioma treatment option is immunotherapy, e.g., intrapleural inoculation of Bacillus Calmette-Guerin (BCG) is a useful mesothelioma treatment in which an effort is made to intensify the immune response.
Radiation treatment and chemotherapy is probably then the answer to the malignant pleural mesothelioma, but this can aid the pain management only; there's no escaping death with Pleural Mesothelioma.
Side effects of Treatment
The side effects and penalty of mesothelioma lung cancer treatment are more than its treatment, which is damaged healthy tissues, a state of absolute fatigue ness; excessive radiation causes the skin to become red, dry and itchy.
Other side effects of radiotherapy are nausea and vomiting, diarrhea, urinary discomfort and a sudden reduction in the number of white blood corpuscles.
The average life span of a person with Pleural Mesothelioma is up to 6 months to a year and the maximum can reach up to 5 years - the magnesium-silicate mineral fibers take its toll that's more than painful.
Other factors that may accelerate the possibility of pleural mesothelioma are chronic lung infections, tuberculous pleuritis, radiation (Thorotrast), exposure to the simian virus 40 (SV40) or mineral fibers (Zeolite) and tobacco smoking to a certain extent.
Pleural Mesothelioma does not give a person the avenue for fair play. Though the existence depends much on the various stages of the disease, it is an ultimate killing menace that sucks out the life of the common man.
Author: Fred Lindell
Pleural mesothelioma can be:
- Diffuse and malignant (carcinogenic)
- Localized and benign (non-cancerous)
Benign pleural mesothelioma can be removed surgically, but the malignant tumors are the real terror heads.
Most common among other mesothelioma cases, Pleural Mesothelioma is caused due to exposure to blue asbestos for a longer period of time, say 20 years, in which time the disease incubates only to show its fearful countenance via certain symptoms.
The symptoms of Pleural Mesothelioma
The symptoms of Pleural Mesothelioma include difficulty in breathing, difficulty in sleeping, pain in the chest and abdominal regions, blood vomits, weakness, weight loss, loss of appetite, lower back pains, persistent coughing, hoarseness of voice, sensory loss and difficulty in swallowing.
Diagnosis of Pleural Mesothelioma
The first step is to go through a chest X-ray or a CT scan (computed chest tomograph), which will reveal a pleural thickening and an effusion. This is followed by a bronchoscopy. However, it should always be left to a medical practitioner for a better understanding of the respective cases. Another method is a biopsy, which can be a needle biopsy, an open biopsy, or a thoracoscopy, where a mini camera is inserted inside the body and with that a tissue sample is attained for further diagnosis.
Treatment of Pleural Mesothelioma
Treatment is directly proportional to the time of the revelation of the disease, i.e., at an early stage the tumor can be removed through surgery.
A pioneering mesothelioma treatment option is immunotherapy, e.g., intrapleural inoculation of Bacillus Calmette-Guerin (BCG) is a useful mesothelioma treatment in which an effort is made to intensify the immune response.
Radiation treatment and chemotherapy is probably then the answer to the malignant pleural mesothelioma, but this can aid the pain management only; there's no escaping death with Pleural Mesothelioma.
Side effects of Treatment
The side effects and penalty of mesothelioma lung cancer treatment are more than its treatment, which is damaged healthy tissues, a state of absolute fatigue ness; excessive radiation causes the skin to become red, dry and itchy.
Other side effects of radiotherapy are nausea and vomiting, diarrhea, urinary discomfort and a sudden reduction in the number of white blood corpuscles.
The average life span of a person with Pleural Mesothelioma is up to 6 months to a year and the maximum can reach up to 5 years - the magnesium-silicate mineral fibers take its toll that's more than painful.
Other factors that may accelerate the possibility of pleural mesothelioma are chronic lung infections, tuberculous pleuritis, radiation (Thorotrast), exposure to the simian virus 40 (SV40) or mineral fibers (Zeolite) and tobacco smoking to a certain extent.
Pleural Mesothelioma does not give a person the avenue for fair play. Though the existence depends much on the various stages of the disease, it is an ultimate killing menace that sucks out the life of the common man.
Author: Fred Lindell
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