Skip to main content

Mesothelioma Lawsuits - Frequently Asked Questions

It's a disastrous diagnosis - mesothelioma contracted from occupational exposure. It is well known that the symptoms of mesothelioma can appear years, even decades, after occupational exposure, and its effects can be life-changing at best, life-threatening at worst. As soon as you have found competent medical care for your mesothelioma, you should consider filing a mesothelioma lawsuit with an experienced attorney. But what does mesothelioma litigation entail? This article will answer some frequently asked questions about filing your mesothelioma law suit.

What does "occupational exposure" mean?

"Occupational exposure" means that you were exposed to the agent that caused your mesothelioma - usually the toxic mineral asbestos in its insulation and fireproofing forms - in the usual course of business. If you worked with asbestos and then contracted mesothelioma, even if it was years after the exposure, you experienced occupational exposure.

What does a mesothelioma lawsuit entail?

Litigation is a long and often confusing process. When you contact a lawyer about a potential mesothelioma claim, you will typically present your medical records and diagnosis for his assessment before he can tell you if you have a chance in court. If the mesothelioma lawyer determines that your case is sound and will probably recover some monetary compensation and damages, he will take on your case, usually with a retainer or fee agreement. The lawyer will then file a complaint and summons suing the appropriate parties for the exposure leading up to mesothelioma.

The court will set a series of dates for discovery and trial and, if the case does not settle, both parties will begin to work towards building a case. Since mesothelioma is a disease, an Independent Medical Examiner (IME) will probably be involved in your case. An IME conducts an unbiased medical investigation into your mesothelioma and examines your medical records. The other side will probably request your medical records, as well, in order to determine if you had a pre-existing condition or other medical problems that may relieve them of responsibility for your occupational mesothelioma. Be prepared to sign waivers releasing this medical information to the requesting parties. Your attorney will advise you which documents to sign and which releases to give. During the discovery process, your mesothelioma attorney may also consult with medical and other experts, who perform a variety of services such as document review and reports, medical examinations and detailed expert testimony on issues related to asbestos exposure, mesothelioma and employment.

If your case goes to trial, expect your lawyer to consult with other experts such as trial preparation specialists, who conduct mock trials and coordinate convincing exhibits, multimedia experts who can help present the evidence at trial in the most convincing manner, and witnesses who can bolster your own testimony in your mesothelioma trial. In an effort to avoid the cost and expense of a lengthy jury trial, many states require a mandatory settlement conference (MSC) or arbitration at which both parties sit down for a last-ditch attempt to resolve your complaints. This may or may not result in a monetary settlement. If a jury finds in your favor, you may be eligible for damages above and beyond just your medical treatment; pain and suffering, loss of employment, and other damages may apply.

Do Patients Win Mesothelioma Law Suits?

It may seem like a daunting process, but patients do effectively fight and win against employers who have caused them to be exposed to toxic asbestos and its devastating health effects. Often, employers knew of the health dangers of asbestos but did not warn their workers or enable them to work in safe conditions. This negligence, both willful and accidental, means that employers bear some responsibility for the health damages of asbestos exposure incurred during occupational work. Patients can and do win mesothelioma law suits, and many multi-million dollar payouts have been recorded for the victims of mesothelioma and their families. If you have mesothelioma, it is vital to contact an experienced and competent mesothelioma lawyer in order to recover your rightful compensation.

Comments

Popular posts from this blog

10 Options in Treating Mesothelioma

Image : http://alimi.ng As with any cancer, treatment for Mesothelioma depends on the location of the cancer, the progression of the disease, the age as well as state of health of the patient. It is the oncologist who specializes in the disease who will decide on the line of treatment. The disease is difficult to treat and in most cases the prognosis is poor. Treatment options include: 1. If the diagnosis is done in the early stages surgery may be recommended to remove all cancerous tissues. This means thoracoscopy, VATS or video assisted thoracic surgery, mediastinoscopy (used for staging), or laproscopy. Often, doctors will advise palliative procedures like chest tube drainage and pleurodesis, thoracoscopy and pleurodesis, pleuroperitonial shunt, or pleurectomy, which treat the symptoms of mesothelioma rather than the disease. 2. Radiation is prescribed aggressively for mesothelioma patients and is often given in combination with surgery or in order to control symptoms,...

Why You Need A Lawsuit Asbestos Lawyer

The number of asbestos lawsuits filed and the number of asbestos lawsuit lawyers who will take up an asbestos lawsuit case are a sad reflection of a long-time construction mistake that may lead to the ill health of over 250,000 Americans by the year 2020. If you think you may have been exposed to asbestos without proper protective filter masks, you may be entitled to file a lawsuit with the help of an asbestos lawyer. A natural, fibrous form of a number of minerals, asbestos was used since ancient times in fabrics because of its durability and fireproofing ability. For over seventy years, asbestos was used in the insulation of and as fireproofing material in numerous buildings. Over 30 millions tons of asbestos in America alone made its way into the walls of commercial buildings, home, schools, shipyards, and industrial sites. Construction workers labored with asbestos without protection. In the 1970s, however, the medical community, faced with an overwhelming number of construction ...

Asbestos Lung Cancer Risks and What to Do About Them

Asbestos Lung Cancer Risks and What to Do About Them Asbestos is a substance which was extensively used in the 1990's for construction and decoration. This is because asbestos was found to have a high tensile strength and was known very well for its flame and heat resistance. However, people who worked in factories and who were commonly exposed to this substance were not really warned about asbestos lung cancer risks. What sort of risks are there? Well, so far, there are two main asbestos lung cancer risks you should be worried about: Mesothelioma - This is cancer that does not occur in the lungs but in the tissue covering the lungs. Mesothelioma is a disease wherein a person develops tumors on the tissue covering the vital organs. Although there are certain cases wherein the tumors are benign, the majority of those which develop are very much malignant. Because of this, common use of the term no longer makes decisions between benign and malignant mesothelioma. Almost all of the...