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If you or a loved one has been exposed to asbestos and diagnosed with mesothelioma, you may be eligible to recover compensation. Mesothelioma is almost always caused by exposure to asbestos, a type of insulation commonly used before it was discovered that it had major health risks.
Get help from a lawyer at Brown & Crouppen Law Firm. Getting started with your case is easy. Call 888-801-4813 or request a free case evaluation online. Our mesothelioma and asbestos lawyers work on a contingency-fee basis, meaning we only get paid if you win.
- About Mesothelioma & Asbestos
- Who Is Eligible To File A Mesothelioma Claim?
- How Can A Mesothelioma & Asbestos Lawyer Help?
- A Short History of Asbestos & Mesothelioma
- Recover Compensation with the Help of a Mesothelioma Attorney
- Types of Mesothelioma Lawsuits & Cancer Claims
- Get Help From The Mesothelioma Lawyers at Brown & Crouppen Law Firm
- Frequently Asked Questions (FAQs)
About Mesothelioma & Asbestos
Mesothelioma: According to the National Cancer Institute, Malignant mesothelioma is a cancer of the thin tissue that borders the lung, chest wall, and abdomen (mesothelium). Asbestos exposure is the leading cause of mesothelioma.
Asbestos: A mineral known to cause cancer. It is made of flexible fibers and can withstand high temperatures, electricity, and corrosion. Because of these characteristics, the mineral has several applications. Furthermore, they add to the toxicity of asbestos exposure. Asbestos was often used in building supplies because it is a reliable insulator. Asbestos improves the durability of textiles, papers, cement, plastics, and other materials. It was banned from use in construction in 1978.
Who Is Eligible To File A Mesothelioma Claim?
Anyone who has been exposed to asbestos and subsequently develops mesothelioma or lung cancer may be eligible to pursue legal action to recover compensation for damages. This also applies to those who may have lost their lives to mesothelioma or lung cancer. Surviving spouses or family members may seek compensation with a wrongful death lawsuit with the help of a mesothelioma and asbestos attorney.
How Can A Mesothelioma & Asbestos Lawyer Help?
Some asbestos companies have known for decades that asbestos-containing products could cause disease. Still, they concealed the risk and put millions of people at risk for developing asbestos-related diseases such as mesothelioma and lung cancer. Our asbestos attorneys are dedicated to helping victims of asbestos-related mesothelioma, lung cancer, and wrongful death get the justice they deserve. A mesothelioma lawyer can help you throughout the entire legal process including gathering evidence, building a strong claim, and maximizing the compensation received from your claim.
1. Explain Rights and Options
Most mesothelioma patients have similar questions. It’s fair to ask how you were exposed to asbestos, whether you can sue, and what to anticipate. A mesothelioma lawyer can help by providing answers to legal questions, and by helping you understand your legal rights.
2. Value Your Claim
Personal injury claims can be difficult to quantify. Valuing a mesothelioma lawsuit requires estimating economic losses like medical bills and non-economic damages like pain and suffering. A Mesothelioma attorney can help you understand the value of your case based on your unique circumstances as well as the prior case outcomes.
3. Build Evidence
Documenting asbestos exposure is crucial for a successful mesothelioma case. You may know how you were exposed if you worked with asbestos-containing products (ACPs). However, many individuals are not aware of which ACPs they’ve been exposed to or where.
Our mesothelioma lawyers can investigate your work history to identify ACPs and find connections. If your former co-workers were exposed in the same place, your attorney might find other lawsuits, strengthening your case. It’s also important to show your condition’s severity, losses, and exposure source. This can include acquiring and evaluating medical records, test findings, medical bills, employment history, lost income, and other factors used to calculate damages.
4. Plan Litigation
Multi-defendant civil lawsuits are common. Each defendant may seek evidence, written declarations concerning asbestos exposure, and depositions. Some file summary judgment motions.
A mesothelioma law firm will handle legal disputes, evidence production, and depositions to help you stay organized. Experienced mesothelioma attorneys can also spot procedural errors, ensure you’re not giving defendants unwarranted information, and assess the fairness of a settlement offer. Your attorney will represent you in court if a settlement negotiation cannot be reached.
5. Bankruptcy Claims
Asbestos-liable mining businesses, suppliers, manufacturers, and others have gone bankrupt. They cannot be sued in court. However, mesothelioma law firms have formed bankruptcy trusts. Your lawyer may gather proof, file your bankruptcy claim, and follow up to ensure it is properly handled.
A Short History of Asbestos & Mesothelioma
Although pleural tumors, or tumors on the lining of the lungs, have been recognized for over two centuries, experts have only established definitive links between asbestos and mesothelioma in the last several decades.
Since these tumors were originally identified, scientists and doctors have significantly advanced in treating this cancer. These investigations have contributed to a better understanding of the causes and effects of mesothelioma in the medical community. This study contributes to the growing evidence indicating that asbestos is a cancer-causing toxin. This study also facilitated the identification of mesothelioma as a separate disease.
- Asbestosis was linked to pleural malignancies for the first time in 1943, according to the work of researcher H.W. Wedler. His study population was composed of German asbestos workers. Twenty percent of his sample population had cancer. Most were diagnosed with lung cancer, although a few had mesothelioma instead.
- The British Journal of Medicine published a study written by doctor Chris Sleggs and researcher J.C. Wagner in 1960. It is shown that asbestos exposure causes mesothelioma. The authors of this research described 33 instances of diffuse pleural mesothelioma in people living in the Cape Province of South Africa. Except for one, all of these patients were certainly exposed to crocidolite asbestos.
- In 1964, Dr. Irving Selikoff of the United States researched over 600 members of asbestos unions in the New York region. He found that lung cancer had a death rate that was 6.8 times higher than the national average. Selikoff also noted the “staggeringly high” rate of pleural mesothelioma among this population.
- In 1972, doctor Molly Newhouse investigated instances of mesothelioma among London industry workers exposed to asbestos. She believed the increased mortality from cancer and respiratory diseases was due to their asbestos exposure.
Since the 1970s, research into mesothelioma treatments has helped find more effective methods of lengthening the lives of people diagnosed with this type of cancer.
Get started with a free consultation with one of our skilled Personal Injury Lawyers today.
Recover Compensation with the Help of a Mesothelioma Attorney
More personal injury cases in the United States have included asbestos related diseases than any other substance. According to the RAND Corporation, in 2002, 730,000 people who had been exposed to asbestos filed lawsuits against 8,400 companies. The RAND Corporation estimates that there will be as many claims in the future as there have been in the past. The overall cost of asbestos litigation to defendants and insurers is estimated at $70 billion, with over $50 billion going toward claims and legal fees.
Manufacturers knew asbestos was dangerous since the 1930s. The court’s findings in asbestos cases revealed manufacturers were responsible for more than merely exposing employees to asbestos. They did so despite knowing it could cause life-threatening illness or even death. In addition, data emerged demonstrating that employers purposefully misled employees about the dangers they faced. Internal company documents provided evidence of the companies’ carelessness. Most asbestos-related lawsuits are filed by individuals exposed to asbestos while working directly with the substance or by the families of those who died due to asbestos exposure. However, secondary asbestos or indirect exposure also causes illness and death. Workers may expose their families to asbestos dust at home by transporting asbestos fibers on their clothing.
Types of Mesothelioma Lawsuits & Cancer Claims
There are four main types of mesothelioma cancer claims: injury lawsuits, wrongful death lawsuits, asbestos trust fund claims, and mesothelioma VA claims.
Mesothelioma Injury Lawsuits
People who have been diagnosed with mesothelioma can file personal injury lawsuits against the firms responsible for their asbestos exposure to obtain financial compensation from such businesses.
Mesothelioma Wrongful Death Lawsuits
For someone who has died due to mesothelioma, wrongful death lawsuits may be filed on their behalf by members of the victim’s family or by representatives of the victim’s estate who the court has appointed.
Asbestos Trust Fund Claims
Companies that had previously used asbestos in their goods and subsequently filed for bankruptcy were required to establish asbestos trust funds to compensate for any claims that may arise.
Currently, these trust funds for victims of asbestos exposure have a total accessible amount of around $30 billion. In addition to the money won in a lawsuit, many customers are entitled to receive compensation through several asbestos trusts.
Mesothelioma VA Claims
Mesothelioma claims may be accepted by the Department of Veterans Affairs (VA) of the United States of America if the asbestos exposure was caused by military service. Our asbestos lawyers, whom the VA authorizes, may assist you in submitting a claim for benefits from the VA and any legal compensation claims.
Pursuing compensation via an asbestos lawsuit or trust fund claim will not impact the mesothelioma VA benefits you already receive or may get.
Get Help From The Mesothelioma Lawyers at Brown & Crouppen Law Firm
If you or a loved one has been exposed to asbestos and diagnosed with mesothelioma, you may be eligible to pursue compensation. Our mesothelioma lawyers can help you throughout the legal process to gather supporting evidence, build a strong case, and maximize your compensation.
Frequently Asked Questions (FAQs)
Anyone who has been exposed to asbestos and developed mesothelioma or lung cancer is eligible to pursue a claim for financial damages. Experienced asbestos attorneys will evaluate your chances of winning. If someone you love has died from mesothelioma, you may be entitled to financial compensation.
How long victims and their families have to bring a lawsuit after discovering mesothelioma is known as the statute of limitations. Knowing which statute of limitation is dependent upon many factors which you should discuss with your lawyer. A mesothelioma and asbestos lawyer can help you determine the statute of limitations for your case.
Mesothelioma lawsuits often take from 3 months to 1 year to settle, but can take longer. However, mesothelioma may persist for years in asbestos victims. Mesothelioma settlements are often reached out of court. This occurs when the plaintiff and the defendant reach a mutually agreeable settlement, removing the need for a trial. The length of a mesothelioma lawsuit depends on several variables. This can include the number of defendants, the availability of evidence, the state in which the incident occurred, and the plaintiff’s overall health condition.
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