Will I need a Mesothelioma Lawyer?
Mesothelioma is a cancer that eats-away at the mesothelium. This two-layered membrane protects a number of vital organs, including the heart, lungs and abdomen from abrasions.
Malignant mesothelioma is extremely rare; there are only 2,000 to 3,000 documented cases per year. The disease develops from the transformation of cells that originating in the mesothelium. The most common site of origination is the pleura, which is the outer lining of the lungs and the internal chest wall. The disease may also form in the peritoneum (lining of the chest cavity) or the pericardium (sac that surrounds the heart).
The majority of mesothelioma patients contract the disease because of a prolonged history of asbestos exposure. Therefore, the most mesothelioma patients have worked in jobs where they have been in contact with the mineral or have inhaled its deadly filaments.
Asbestos is a naturally-occurring mineral that was commonly used in the construction, ship-building and automotive industry for its relatively cheap cost and heat-resistant capabilities. When left alone, asbestos poses no significant risks; however, when the mineral is brushed, touched or in any way disturbed, it release carcinogenic dust into the air. When inhaled, these filaments are extremely dangerous, for they are susceptible to sticking to the lungs. The carcinogenic makeup of the dust eventually eats away at the protective tissues to form cancerous tumors. When these tumors proliferate to other sites in the body, the disease becomes highly lethal and inoperable.
Mesothelioma carries an extremely poor prognosis. The truncated mesothelioma life expectancy rate is widely due to the disease’s innocuous symptoms and universal cellular structure. Only 10% of mesothelioma cases are accurately diagnosed in the disease’s first stage.
Mesothelioma tumors may originate and reside in different parts of the body. The bulk of mesothelioma cases form in the lining of the lungs or the chest cavity; common symptoms of include: pleural effusion, difficulty breathing, difficulty swallowing, persistent coughing, severe or unexpected weight loss and night sweats.
Treatment for mesothelioma cancer is dependent on the cancer’s progression or stage at the time of diagnosis. The stage is linked to proliferation. When significant spreading occurs, mesothelioma cancer is rendered inoperable.
Treatment methods for mesothelioma cancer are dependent on several factors, including the stage at the time of detection, the general health of the patient and the point of origin for the the mesothelioma tumor.
Different Stages of Mesothelioma Cancer:
Stage I: Malignant Mesothelioma: In the beginning stage of the disease, the tumor is localized and typically found in the sac surrounding the heart, the lining of the lungs, or the diaphragm. 1st stage mesothelioma diagnosis is exceptionally rare. Those patients lucky enough to secure an early diagnosis are eligible for curative mesothelioma treatment options. Said operations attempt to extract the cancerous tumors from the body.
Stage II: At this stage, the cancer has proliferated past the point of origin and may have metastasized to the chest wall or lymph nodes. Surgical mesothelioma treatment methods may be applied at this stage; however, curative treatment is uncommon if the cancer has proliferated significantly. Because of this, life expectancy has greatly decreased as the disease evolves from stage I to stage II.
Stage III: Mesothelioma cancer is most often diagnosed in this stage. Stage III malignant mesothelioma advances to form tangible symptoms. At this advanced stage, the cancer proliferates to the lining of the peritoneum, mediastinum, the heart or beyond to the diaphragm and/or the chest wall. Patients with this type of cancer face a brutal life expectancy. The grim prognosis is due to severe proliferation. Because of this,
Stage III: mesothelioma patients are only eligible for palliative care. This treatment plan is applied to ease the symptoms associated with the cancer. Palliative care is purely elective and administered to bolster the patient’s quality of life.
Stage IV: Stage IV mesothelioma represents a significant proliferation of the cancer to remote areas in the body. This form of mesothelioma cancer is inoperable and is paired with painful symptoms. Life expectancy for a stage IV mesothelioma patient is 4 to 18 months following diagnosis.
Will I need a Mesothelioma Lawyer?
Because mesothelioma is linked to asbestos exposure, there are a number of legal steps you can take to secure compensation from your employer or the entity responsible for your prolonged asbestos exposure. A Mesothelioma claim is filed by mesothelioma patients and/or their families. Mesothelioma cases are filed in a local court setting to secure compensation against companies or entities who place or have placed their employees in prolonged and/or direct contact with asbestos-containing materials. Upon review of working conditions and adherence to safety regulations, the employer may be found negligent and therefore forced to compensate the sick individual and his/her family. Failure to abide by a jurisdiction’s asbestos protocols and safety regulations renders liability on the employer’s part. If you or a loved one has contracted any other asbestos-related disease, you must seek the aid of a mesothelioma lawyer to file a mesothelioma claim against the entity who exacerbated unsafe asbestos exposure.
A mesothelioma lawyer is a legal professional who is adept in filing mesothelioma claims. These individuals utilize an expressed knowledge for their jurisdiction’s or state’s asbestos laws. When presented with a potential mesothelioma case, a mesothelioma lawyer will inspect how and why his/her client developed mesothelioma. The mesothelioma lawyer will inspect as to whether the individual’s employer placed its workers at risk and to what extent they adhered to the jurisdiction’s laws regarding asbestos exposure.
A mesothelioma lawyer is a type of civil attorney who aids in your ability to secure compensation from a negligent employer. The funds secured from a mesothelioma claim are used to offset the costs associated with the disease, including all medical bills, payments for convalescence, pain and suffering, and lost wages.
Mesothelioma lawyers will work with the Occupational Safety and Health Administration to evaluate the respective employer’s ability to adhere to asbestos laws.
The Role of the Occupational Safety & Health Administration’s:
The Occupational Safety and Health Administration is an agency of the United States Department of Labor. The OSHA covers all employers and their employees through the federal government or an OHSA-approved state body. The mission of the OHSA, through the Occupational Safety and Health Act of 1970, is to ensure safe and healthy working conditions for individual employees by establishing standards and providing training, education and assistance in fields that are deemed dangerous or generally unsafe.
Asbestos exposure is a primary concern of the OHSA. The agency promotes safety in the construction industry, shipyard employment sector and automotive industry through the institution of strict asbestos regulations.
Standards enforced by the Occupational Safety and Health Administration aim to curb the risks associated with asbestos exposure. The OHSA institutes maximum levels for exposure limits and amounts of airborne particles. If these limits are exceeded, employers are required to further protect their employees by establishing regulated areas and controlling certain practices through the institution of controls that reduce airborne levels. Employers are required to reduce exposure by using administrative controls to institute rules regarding the use and wearing of protective equipment. Furthermore, medical monitoring of employees is instituted when exposure times and legal asbestos limits are exceeded.
Using Your Mesothelioma Lawyer to File a Mesothelioma Claim:
Asbestos laws, in the United States are enforced by local and state governments. The Environmental Protection Agency of the United States Federal Government does not impose a general ban asbestos use. However, the mineral is classified as a hazardous air pollutant and is thus regulated under the Clean Air Act.
Although there are a lack of universal regulations concerning asbestos, the bulk of American jurisdictions have imposed regulations regarding use, airborne levels and safety equipment regarding all work that is in anyway linked to asbestos.
Because asbestos laws vary between jurisdictions, the ability to file a mesothelioma claim without a mesothelioma lawyer is not possible. To file a mesothelioma claim you must first be diagnosed with the disease. Without a formal diagnosis, you will not be able to file a claim. In addition to a formal diagnosis, you will need to provide your prospective mesothelioma lawyer with all medical records revealing the tests and operations you have gone through. Precise evidence is required to construct a sound mesothelioma claim.
The objective of asbestos laws is to prevent all forms of mesothelioma cancers from occurring. Asbestos laws are implemented to limit exposure and to ensure the safe-handling of all asbestos containing materials. Therefore, if you or a loved contracts any asbestos-related disease, as a result of chronic exposure, you must contact a mesothelioma lawyer to file a claim against your employer.
Filing mesothelioma claims after diagnosis is a direct legal action that aims to procure compensation. Compensation will be awarded if you can prove your employer’s negligence regarding adherence to your jurisdiction’s asbestos laws.
There are two primary forms of mesothelioma claims that you and your mesothelioma lawyer may file. The first mesothelioma claim comes in the form of a personal injury claim. This is filed by patients who have received a formal mesothelioma diagnosis from an oncologist. The second mesothelioma claim is a wrongful death claim, which is be filed by family members in cases involving loved ones who have passed away from any asbestos-related disease, including mesothelioma. Your specific rights regarding these claims vary depending on your jurisdiction’s asbestos laws.
You may file a mesothelioma claim under the following: you may file through bankruptcy trusts, through formal litigation, through workers’ compensation, or through veteran’s benefits.
A mesothelioma will facilitate your mesothelioma claim; these professionals will sue your employer for unjustly putting you at risk of asbestos-related diseases. There are a number of ways to sue your employer for contracting the cancer. Your mesothelioma lawyer will advise you regarding the best legal strategy. In general, you will choose one of the following ways to sue your employer:
Several asbestos manufacturing companies have declared bankruptcy over the past couple of decades. Bankruptcy filings do not always mean that the company has run out of funds. These companies may opt for the filing to reorganize their business model for the sake of stabilization.
In some cases, a court will order for the creation of a separate mesothelioma compensation funds. These trust funds are intended to provide compensation for mesothelioma patients who have contracted the disease as a result of the company’s failure to properly regulate asbestos exposure. Mesothelioma lawyers help determine whether your employer, who is responsible for your injuries, has established a trust fund. If so, the legal aid will expedite the filing of the claim.
Mesothelioma litigation is another option if you have contracted the disease as a result of your employer’s negligence. All asbestos-related conditions arise, almost always, as a result of an employer’s failure to adhere to asbestos regulations or law. Filing a mesothelioma claim against your employer may result in the delivery of compensation for several forms of damage.
Damages that may be covered by a mesothelioma claim include:
• Pain or suffering
• Lost income
• Medical expenses
• Loss of love or sexual relations from a loved one
• Loss of services
Mesothelioma lawyers will determine whether additional expenses may be provided for given your mesothelioma claim. It is vital to save all of your financial and medical records that relate to your mesothelioma cancer. Your mesothelioma lawyer will be knowledgeable regarding your legal options. All mesothelioma professionals will illuminate the intricacies of your case and elucidate the process of filing a claim. After speaking with your mesothelioma lawyer, you may determine that a mesothelioma lawsuit against your employer represents the best opportunity to obtain significant compensation for your disease.
Other Ways to Sue Your Employer:
If you believe you were exposed to asbestos while working for your employer, you may be able to file a mesothelioma claim for workers’ compensation or for veteran’s benefits if you were exposed to an unsafe amount of asbestos while actively serving the nation. However, it must be stated, these types of mesothelioma claims are exceedingly complex, so it is essential to consult with a mesothelioma attorney to evaluate your legal options.