Asbestos is a naturally occurring material resistant to heat, abrasion, electricity, and chemicals. As a result, it was widely used in commercial and residential construction applications and products used by individual consumers.
The resistance of Asbestos makes it extremely useful. However, exposure to it can be extremely harmful.
All types of Asbestos are carcinogenic. Its fibers can cause lung cancer or mesothelioma that affects the chest or abdomen lining.
Unfortunately, there is no treatment for this aggressive disease. This is why, in 1989, U.S. Environmental Protection Agency issued a ban on Asbestos.
The benefit of this law was observed in 1999, and since then, the mortality rate for mesothelioma has remained stable.
Despite all efforts, more than 3,000 people are diagnosed with this disease. Approximately 2,500 deaths are reported in the U.S alone.
Mesothelioma is also common in whites and Latinos compared to African Americans or Asian Americans. The U.S. alone is known to take strict measures regarding the use of Asbestos, but still, there are cases.
Why should you seek legal help?
The prognosis of mesothelioma is depressing. The average survival rate is between 4-18 months. A diagnosis of malignant mesothelioma is not what anyone wants to hear. It can be a scary event.
The last thing you want to worry about is the financial burden of this diagnosis or what will happen to your family if you lose your battle against this disease.
You need legal help from an experienced and reputable attorney who has made it their life’s work to provide the best legal support to people battling the challenges of asbestos-related diseases like Malignant Mesothelioma.
Costs are a significant concern, especially in Texas, where medical bills skyrocket after just a few tests. It’s time to take this matter to court.
The first step would be to find a lawyer in Texas or any near you by looking it up over the internet.
An experienced attorney that specializes in mesothelioma will help you by:
- Gathering all the essential documents, information, and details to build a strong case.
- Giving you specialized services based on your diagnosis and prognosis.
- They can even point you towards support groups, specialists, clinical trials, etc.
- Maximizing the compensation you’ll receive
The procedure
Once you’ve chosen a mesothelioma lawyer or firm, you can discuss how to take your case legally forward. This is how your lawyer can help you.
1. Determine your eligibility
Suppose you were exposed to Asbestos from a product or were in an environment; there’s a good chance that your employer’s insurance carrier will cover some or all of your medical expenses and lost wages while you’re unable to work.
However, if your exposure occurred outside of work — such as during home renovations — it may be difficult to find someone liable for your condition and willing to pay compensation on your behalf.
Your lawyer will get your medical records from all of your doctors to do so. Next, you will need to find out if any documents show exposure to Asbestos at work or home—in books, magazines, or newspapers from when you were exposed.
Once this information is gathered, the lawyer will review everything carefully before deciding whether it’s worth filing a suit on your behalf.
2. Determine the wrongdoers
It is important to determine which company is responsible for your asbestos exposure when you are diagnosed with an asbestos-related disease.
This can be difficult because there are often multiple companies involved in asbestos production and use over the years.
For example, if you worked at a shipyard that used asbestos products, multiple companies must have supplied the materials used on site.
It is also possible that some companies supplied materials while others performed maintenance work on equipment or buildings containing asbestos materials.
In addition to determining who supplied the materials they worked with, victims need help identifying companies that did maintenance work on equipment or buildings containing asbestos products.
A skilled attorney will help you identify which companies are responsible for your exposure.
3. Determine all legal options for your case
Based on all your details, your lawyer will discuss all the legal options.
- Mesothelioma Lawsuit (personal injury lawsuit) – Factories/industries that knowingly expose their employees to Asbestos and manufacturers kept using Asbestos in production and put millions of lives at risk.
Your lawyer will help you file a lawsuit against these wrongdoers to demand compensation for the financial losses you have had to incur ever since your diagnosis.
This is usually filed while the person suffering from mesothelioma is alive and undergoing treatment.
- Wrongful Death claims – This is filed by the family of victims who unfortunately lost their lives to mesothelioma.
The family is given the legal opportunity to file a case against companies and demand compensation for loss of income, funeral expenses, and medical bills.
- Asbestos Trust Fund Claims – These funds are set up by companies used to manufacture and/or distribute products containing Asbestos.
Companies have agreed to pay out millions of dollars in compensation to those exposed to Asbestos, developed mesothelioma, and/or passed away from it.
Based on all the findings, you will be able to file a claim. If a lawsuit seems appropriate in your case, your lawyer will file it for you.
4. Fight the case for you
After the case is filed, both sides will enter the discovery phase and start to gather all relevant information that can make their respective cases stronger.
They’ll go through records, meet with people who may have gone through a similar lawsuit, and conduct interviews. They’d collect evidence that would give strength to your case.
5. Settlements and Verdicts
Statistics show that only 5% of the lawsuits go to trial. This is another ordeal because these cases can linger on for months.
Fortunately, a huge chunk of the lawsuits ends with settlements. If the judge rules in your favor, you will receive compensation. It is between $1 million to $2.4 million.
Conclusion
Suppose you or a loved one has been diagnosed with mesothelioma. In that case, it is important to understand how best to manage the treatment process and what steps to take after a mesothelioma diagnosis.
This can be difficult to navigate, especially when emotionally struggling with this shocking news. The solution is to look for expert help!
Lawyers dealing with a professional mesothelioma victim as a client will have full command of the legal complication and be capable of communicating with doctors, insurance companies, and third-party administrators.
Being a lawyer specializing in mesothelioma cases means that the attorney knows how to handle every nuance of the legal system involved in these cases.