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
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