Knowing Your Rights
Mesothelioma is the primary cause of death for approximately 150,000 American workers; the vast majority of whom were not aware of their exposure to asbestos until they developed mesothelioma. Mesothelioma is rare lung cancer caused by exposure to asbestos fibers during childhood. It can take anywhere from 3-5 years to develop and it has no way of returning to its pre-cancerous state.
In this post, I want to illustrate just how difficult it can be to file a mesothelioma lawsuit. The most common reason people give me for not having a lawyer is that they don’t know what the law says or they don’t have time (or money) to hire one. In this case, lawyers are extremely important.
A lawyer will tell you what your rights are when you file a mesothelioma lawsuit and give you advice on how best to proceed (more on that below). There is also some legal advice at the end as well as a few other tips for starting your journey as an asbestos victim in this post on Mesothelioma Lawsuits.
Filing the Right Lawsuit for You
I had a mesothelioma suit, and I wrote about it here. My experience was, that the American mesothelioma law (state and federal) has been severely neglected, especially in recent years.
The caveat of this blog is that I am not an attorney and my experience as a lawyer is limited to my own cases and other lawyers’ solutions. That said, I have worked with lawyers on lawsuits ranging from $100k to $10 million, so this post should be useful to all of you who want to file a mesothelioma lawsuit (or any other type of lawsuit). If you are not a lawyer but want to know what steps you need to take in order to file the right lawsuit for you, check out this post by Isaac Kaplan, my colleague at the Marshall Project: How To File A Mesothelioma Lawsuit.
What follows are some steps I took in order to get my first mesothelioma lawsuit filed (and subsequently won).
Finding the Best Lawyer for You
Mesothelioma is the name given to a rare and fatal type of lung cancer caused by microscopic asbestos fibers. While it is a potentially terminal disease, mesothelioma can be successfully treated with surgery and chemotherapy using modern medicine. However, these treatments can be very expensive and sometimes even life-threatening.
The good news is that many people diagnosed with mesothelioma have the ability to sue for damages in the event that their exposure to asbestos causes them to develop mesothelioma. The bad news is that most people who qualify for a lawsuit do not know this until they or their family members are diagnosed with mesothelioma.
This article will guide you through the process of filing a lawsuit against your employer or insurance company if you have been exposed to asbestos.
- Step 1: Get informed: Read as much as possible about Mesothelioma Asbestos Lawsuits Before Filing A Mesothelioma Lawsuit
- Step 2: Find your lawyer: If you are thinking about filing a lawsuit, it is important that you find someone who knows what they are doing in court and is familiar with the process of filing a suit against an insurance company or employer. It’s also important that you find someone who has expertise in this field of law so that your case will be taken seriously and recognized by a jury as legitimate. For information on finding attorneys, we recommend reviewing our lists of attorneys in our legal directory.
- Step 3: Prepare for your case: Prepare An Attorney’s Notarized Statement Of Facts And Law In Order To Establish That You Were Exposed To Asbestos At The Time Of Your Injury.
Coping with a Mesothelioma Diagnosis
While you probably won’t need a lawyer to handle your litigation, you should at least make an appointment with one. A lawyer will certainly be of help with drafting the legal documents and preparing your case, but there are other things that can’t be done without a lawyer. For example:
• You don’t want to draft the legal documents yourself because it is possible that a lawyer can make things much more difficult for you
• You don’t know what kind of information you will have to disclose in your deposition (for example, if you have had radiation or have been exposed to asbestos)
• You may have to go into court procedurally without being represented by a lawyer, which would be bad for your case
It is hard enough for a person without mental illness like me to put together a case; imagine how we would feel if we had no lawyer at all! It is also hard enough for someone who suffers from cancer or other illnesses. I hope this article will show some steps that someone could take if they wish to file a lawsuit. I would also recommend that you consult with an experienced attorney as soon as possible and never take any action on your own unless you are absolutely certain that you are doing the right thing. You should also contact us here at www.GryfLawyersLLC.com and let us know how our services could help in your situation. We can be reached via email at [email protected] or via telephone at (858) 553-9333 .
Understanding Your Expenses and Funding Your Legal Battle
If you are thinking about filing a mesothelioma lawsuit, you’ll likely be wondering how to get your case started. While it’s a good idea to start by thinking ahead and taking the steps necessary for a successful lawsuit, it is also important not to rush things. You should know what steps to take before filing your case, and when you should consider any further spending on legal expenses.
While there are many resources available for mesothelioma lawsuits, a few of the most notable include:
- The mesothelioma attorneys at Mesothelioma Law Group (MLG)
- The Mesothelioma Law Group website
- A little background on mesothelioma lawsuits
- The Mesothelioma Law Group site
- Legal training resources at MesotheliomaLawGroup.com
Who Is Eligible to File an Asbestos Lawsuit?
The first step in filing a mesothelioma lawsuit is to prove that asbestos caused your death. This means proving that you were exposed to asbestos and that the exposure caused your disease. However, proving that asbestos caused your disease is not always easy.
There are two major types of mesothelioma – pleural and peritoneal mesothelioma.
The most common type of mesothelioma is pleural mesothelioma, which occurs in the lungs, and can be found in the pleura (the outer layer of the lung). A person’s pleural mesothelioma can be caused by exposure to asbestos fibers or dust. Pregnant women are especially susceptible to this kind of cancer because their bodies are still forming a protective layer around their unborn babies.
People who have been exposed to asbestos products before, such as during construction or demolition projects or by working with it for long hours in dusty environments, have a higher risk than those who haven’t been exposed to these hazards. Individuals who work closely with asbestos also have an increased risk of developing this kind of cancer over time. The main symptoms associated with this kind of cancer are chest pain and breathing problems, which both become more severe as cancer progresses. Other symptoms include weight loss and fatigue.
Peritoneal mesothelioma usually occurs only in people whose intestines are located inside their abdomen. This kind of cancer cannot be spread through blood-borne tissues like lungs or the lymphatic system – it can only be spread by organs like the liver, intestines, and intestines. A person with peritoneal mesothelioma may experience pain on movement and weight loss over time, while they may experience inflammation, fever, swelling, abdominal pain, cough, shortness of breath, and swelling in the abdomen. These symptoms usually occur over several weeks.
Statute of Limitations on Asbestos Lawsuits
Asbestos is a form of the mineral known for its resistance to heat and fire. It has been used to make some building materials, such as in the cement industry and in the construction industry.
“Dangerous Substances and Dangerous Products Act of 1976” (NSRPA) defines an asbestos-containing material as “a material which is or may have been intended for use in the manufacture of any product which is or may be used in commerce and which contains one or more chrysotile asbestos fibers.”
The NSRPA sets a statute of limitations of three years from when a material containing chrysotile asbestos became subject to NSRPA liability unless otherwise provided by the U.S. Environmental Protection Agency (EPA).
The EPA states that most asbestos can be harmless, but that certain types can cause serious health effects when inhaled or ingested. In order for a lawsuit to be filed against a manufacturer, it must first be determined that asbestos was contained within the product (exposed surface), with ingestion being considered if inhaled into the air. The amount of exposure required is not known with certainty, so all claims are subject to uncertainty as well.
Asbestos has been classified by several federal agencies as hazardous substances pursuant to:
The Toxic Substances Control Act (TSCA)
The Emergency Planning and Community Right-to-Know Act (EPCRA)
The Hazardous Materials Transportation Act (HMTLA)
The Federal Hazardous Materials Transportation Act (FHMTLA)
Additionally, under Title III of Executive Order 12957 of January 16, 1995, on National Environmental Policy Act “Environmental Impact Statement”. The EPA requires each asbestos manufacturing facility to submit an environmental impact statement if it produces more than 100 pounds per year or 25 pounds per square foot “of any dust resulting from discharging any asbestos-containing products.” In addition, there is no statute of limitations on this type of claim . . . . But there’s certainly a statutory limit on all other types of lawsuits:
That brings us back around to suing someone who made you aware you had breathing problems because you breathed on something they made with their hands? I don’t know why people do it; maybe they think they’re doing right by exposing themselves to less risk than going outside without protection? Or maybe they don’t want others catching diseases because they worked at a factory where dust build-up is present? I don’t know why they do it either … but we’re here discussing it anyway
Why File an Asbestos Lawsuit?
Who is Eligible to File a Mesothelioma Lawsuit?
Asbestos is a dangerous material that can cause asbestosis, lung cancer, and other lung diseases. It is also known to be extremely harmful to the human body. However, it has been used for decades in various industrial processes. The presence of asbestos in the environment heavily influenced the spread of asbestos diseases. A lawsuit against an asbestos manufacturer can bring you an award against one of these companies and get you compensated for your medical bills and pain and suffering.
Who is Eligible to File an Asbestos Lawsuit?
- Asbestos can be found in various products such as:
- Appliances like ovens, stoves, water heaters, furnaces;
- Furnishings such as chairs and sofas;
- Building materials such as gypsum boards and fiberboard;
- Medical devices such as pacemakers; therapeutic devices like heart valves; turbines used for wind energy; and any other medical device manufactured with this material. There are people who are exposed to asbestos through their job or through occupational exposure at home. If you believe that you have been exposed to asbestos at home or work while working or living with someone who was exposed then you may be eligible for a mesothelioma lawsuit.
One of the main reasons why there are so many lawsuits filed against asbestos manufacturers is because it was so prevalent in the workplace that we cannot avoid being exposed to it when we work at a job that requires us to use this material in order to function as a professional. Asbestos can also pose dangers by being released into the environment through certain manufacturing techniques or even during excavation operations or construction projects which could lead injury victims down the road of having dangerous health effects from asbestos-related diseases like mesothelioma .
The disease has a complicated history with many different treatments that have been tried over time with varying success rates depending on your individual situation. If you have not had any previous health issues prior to working at an occupation where you were exposed to asbestos more than likely there will not be any problems associated with mesothelioma.
However, if there are any symptoms present like sores around your eyes, nose, mouth, nostrils, chest, abdomen, joints, etc then it is important for you to contact a doctor immediately because it might be something more serious than just common mouth sores. The risk factors for developing mesothelioma include: -Known exposure at work;
Mesothelioma Asbestos Lawsuit Questions
- How Much Lawyers Charge for Asbestos Lawsuits
- Who Should File a Mesothelioma Lawsuit?
- When Should You File a Mesothelioma Lawsuit?
- Where Can I File a Mesothelioma Lawsuit?
- Is There Any Delay in Filing a Mesothelioma Lawsuit?
- How Long Do Asbestos Lawsuits Take?
- What Are the Challenges of Filing an Asbestos Lawsuit?
- What Are My Options for Settling an Asbestos Claim?
- What Happens When I Have Enough Evidence to Sue as a Plaintiff in an asbestosis mesothelioma lawsuit case?
- What If I Only Had Enough Evidence to Sue as a Defendant in an asbestos mesothelioma lawsuit case?
- What if I Cannot Deduct State Income Tax or Other State Income Tax on Preferred Stock or other State Income Tax in order to pay my attorney’s fees and costs when suing as the plaintiff in an asbestos mesothelioma lawsuit case?
- What if I don’t have enough money to pay my lawyer’s fees and costs when suing as the defendant in an asbestos mesothelioma lawsuit case (as a plaintiff)?
- Who Should File My Mesothelioma Lawsuit If I Am a Former Employee of Ineos/Citigroup Financial S.A. Ltd?
- Who Should File My Mesothelioma Lawsuit If I Am A Former Employee Of Thomson-CSF S.A. Ltd?
- Who Should File My Mesothelioma Lawsuit If I Am A Former Employee Of Hellas Wire Incorporated
- Who Should File My Mesothelioma Lawsuit If I Am A Former Employee Of The Chemring Group Ltd. Ltd
- Who Should File My Mesothelioma Lawsuit If I Am A Current Employee of Ineos/Citigroup Financial S.A. Ltd.?
- Who Should File My Mesothelioma Lawsuit If I Am A Current Employee Of Thomson-CSF S.A. Ltd.?
- Who Should File My Mesothelioma Lawsuit If I Am A Current Employee Of Hellas Wire Incorporated
- Who Should File My Mesothelioma Lawsuit If I Am A Current Employee Of The Chemring Group Ltd.?
An exciting and once-in-a-lifetime opportunity for the long-time asbestos victims. It’s only available to those who have suffered from mesothelioma, which is the most deadly form of lung cancer.
Mesothelioma is a serious disease that usually occurs in high-risk groups such as miners, construction workers, and those exposed to asbestos dust. It develops over decades due to the agent causing damage to the airways and causing inflammation. Sometimes it can be asymptomatic or unnoticed. Some patients may suffer short-term effects but die when they are diagnosed with mesothelioma.
The most common form of mesothelioma is called asbestosis (also called asbestos-related lung disease). This rarer form of the disease affects mostly individuals outside the mining industry, such as truck drivers and public transportation workers exposed to asbestos during their work. In 2015 alone, there were more than 6,000 cases of mesothelioma reported in the United States alone; 5,000 cases occurred in Texas alone (not including cases from other parts of Texas).
Mesothelioma is a serious disease that can kill you within a few years if left untreated — often after decades of exposure to asbestos fibers (which cause it) or years before that exposure even happened if you are around someone who was exposed to those fibers during his or her childhood or teenage years (or even for decades before that). Even if you’re not working outdoors with your fingers in your lungs on a daily basis – like so many people were between World War I and II – and you also don’t smoke cigarettes – like so many people were before that war – and you don’t drink alcohol excessively – like so many people were before that war – and you don’t eat greasy foods regularly – like so many people were before that war -– odds are good that some portion of your body will be covered in silica dust at some point in your life.
You may have been exposed to asbestos since birth, possibly since an early age because it was all around us back then: right down your street; on your roof; all along our streets; down our streets; up to our front porches; up inside our houses; at schools; at work; at restaurants; at construction sites; throughout hospitals or nursing homes; or anywhere else we encountered it from time to time.