While mesothelioma is considered a rare form of cancer, more than 2,000 cases are diagnosed each year. Mesothelioma, often confused with asbestosis, was first documented and diagnosed in 1953. For decades, medical researchers have investigated causes for this condition and their work has confirmed that asbestos is the leading culprit.
This particular cancer can affect workers exposed to asbestos, such as those in construction, oil fields, refineries, ship yards, industrial work and military personnel. It can also affect the friends and families of these workers due to secondhand exposure.
Below you will find answers to 50 questions in regards to mesothelioma lawsuits and trust fund claims often asked by clients. If your question is not answered, get help today by contacting and speaking with one of our attorneys directly. Although our main office is in Texas, we handle cases Nationwide. Call 800-765-5801 or e-mail today to schedule your free consultation.
What Are My Legal Options?
There are several legal options for a person who has been diagnosed with mesothelioma or a related condition after exposure to asbestos. If a company has declared bankruptcy since the person was exposed to asbestos, a claim can likely be paid from an asbestos trust fund. These funds, however, will be only a percentage of the amount that the person would receive through a trial. A number of mesothelioma cases also result in settlements. Settlements involve the party responsible for the asbestos exposure paying the victim an agreed on amount of compensation. Military veterans who developed mesothelioma during the course of service are likely eligible for veterans benefits. In addition to these options, a person can also initiate a lawsuit if the person was directly exposed to asbestos or lived in the same household as a person who was directly exposed to asbestos.
Why Is the Asbestos Industry Held Accountable for Mesothelioma Cases?
The asbestos industry knowingly exposed workers to a deadly substance. Many people were not aware that they were working around asbestos until the 1960’s. Warnings about the danger caused by asbestos exposure did not exist at the time. Asbestos manufacturers, however, knew about the danger posed by asbestos as early the 1920’s and still allowed the workers to be exposed to the deadly substance. For this reason, companies were negligent in warning workers about the dangers that asbestos presented and many workers have been able to win lawsuits against these parties. The amount of compensation received from an asbestos company is designed to help an individual financially with the various complications that can arise from mesothelioma or any other type of asbestos-related illness.
What Is a Mesothelioma or Asbestos Lawyer?
A mesothelioma or asbestos lawyer focuses on helping people who have been harmed due to exposure to asbestos in either the home, school, or workplace. Because asbestos was used as a common building and product material prior to 2000, there is a significant risk of people who were exposed to asbestos developing mesothelioma and other related illnesses. A mesothelioma lawyer helps people who have been harmed in such a manner receive compensation from liable parties including asbestos manufacturers and suppliers who have known asbestos was dangerous since the 1920’s. Because experienced mesothelioma lawyers have an intricate understanding of the damage caused by mesothelioma, it is a wise idea for people who have been harmed in such a way to retain the assistance of skilled legal counsel.
Can I Afford a Mesothelioma Lawyer?
Yes, you can afford a mesothelioma lawyer. One of the largest challenges faced by individuals diagnosed with mesothelioma is the uncertainty of knowing how to pay for an attorney. Faced with hefty medical bills and disabling health conditions, some people even give up on retaining a lawyer. In many cases, individuals initiating mesothelioma cases do not have to pay a retainer or any type of medical bill out of pocket. Instead, a lawyer will work on a contingency fee, which means that an individual will not be required to pay an attorney unless a case is successful. Even in successful mesothelioma cases, the amount that legal counsel receives will be based on a percentage of what the client is awarded.
What Is My Case Worth?
There is no one answer of the amount in damages to which someone who has mesothelioma is entitled. Determining the amount of damages in a case can be particularly difficult and depends on an assessment of several factors in a case. The damages, or amount of harm incurred by the person who is filing the lawsuit, is largely based on the economic loss by the person and their loved ones as well as the cost of medical bills for treatment received of the person. Emotional suffering that arose due to the exposure is also often taken into consideration by a court when considering the amount of damages to which a person is entitled.
