Mesothelioma Lawsuits and
Hiring a Mesothelioma Lawyer
Mesothelioma is a rare and deadly form of cancer that is caused by exposure to asbestos. People diagnosed with mesothelioma most likely worked with and around asbestos products over the course of many years. During that time they would have breathed in asbestos fibers and particles. Those asbestos fibers and particles then become lodged in the protective linings around certain organs like the lungs, heart, and abdomen. The asbestos particles remain in the body and cause damage for years before a victim is diagnosed with asbestos cancers like Mesothelioma. Mesothelioma lawsuits can help compensate victims of asbestos exposure. Medical bills, medical treatments, lost wages, and pain and suffering are just a few of the expenses that may be considered in awarding compensation for asbestos exposure. Billions of dollars have already been awarded to mesothelioma and asbestos victims; do not wait to file your claim.
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Mesothelioma Settlements and
Asbestos Trust Funds
Asbestos-related liability has forced many companies to declare bankruptcy in order to avoid going out of business due to asbestos lawsuits. When a company files for bankruptcy protection, the law generally doesn’t allow any further civil lawsuits to be brought against it. This means that a person who was diagnosed with mesothelioma would not be able to directly sue an asbestos manufacturer who filed for bankruptcy. However, when a company wants to reorganize under Chapter 11 of the federal bankruptcy code it must establish a trust to settle all future asbestos liability. At that point the business will fund the trust with assets from the company for investment and management. Since these asbestos trusts have been set up, billions of dollars have been paid into them to settle victims’ claims. From 2006-2012 almost $15 billion was paid from these asbestos trusts to settle claims. A company that has not filed for bankruptcy protection, and is still solvent, may be sued directly by people who were harmed by the company’s asbestos products.
Hiring a Mesothelioma Lawyer
Hiring a Mesothelioma lawyer is an important step in getting the compensation you deserve as quickly as possible. Asbestos trusts each have their own set of Trust Distribution Procedures (TDP) which must be followed in order to file a claim with an asbestos injury trust. An experienced asbestos lawyer will help you navigate the different sets of TDP since each asbestos trust will have different procedures that need to be recognized. Not following TDP could end up minimizing your compensation or even result in a complete denial. In addition there may be severe time delays that may result from not adhering to specific procedures. An asbestos lawyer will also help you locate specific information that an asbestos trust has requested. Not being able to provide the requested information could put your claim in danger of being denied, an asbestos attorney can help you avoid that situation. Furthermore, experienced asbestos attorneys will be able to identify all of the asbestos manufacturers an asbestos exposure victim was exposed to, ensuring compensation from as many Asbestos Trusts and viable companies possible.
After all of the necessary information has been submitted, the asbestos trust will make an offer to settle the claim along with a release from liability. Hiring an experienced asbestos attorney to explain the settlement offer and determine whether or not the settlement offer is fair to you is extremely beneficial. The asbestos trust has highly skilled lawyers working for them, so having an asbestos attorney to protect your interest is paramount.
Should you decide not to accept the offer from the asbestos trust, the next step would most likely be some sort of alternative dispute resolution such as mediation or arbitration. At this point, having an experienced asbestos attorney representing you could mean the difference between being fairly compensated and receiving less than you deserve. Our asbestos attorneys are skilled at negotiating on behalf of clients and will fight hard to get you what you deserve.
Finally, if no settlement can be reached then a suit can be brought against the asbestos trust. Our asbestos attorneys can walk you through the entire process. Let us do the work for you and get you the compensation you deserve.
Risks Associated with Asbestos Exposure
Prolonged exposure to asbestos could lead to any number of asbestos-related diseases. The risk of developing mesothelioma, lung cancer, or asbestosis increases when one has been exposed to asbestos for a long period of time.
Mesothelioma is a rare and deadly form of cancer that is caused by exposure to asbestos. People diagnosed with mesothelioma most likely worked with and around asbestos products over the course of many years. During that time they would have breathed in asbestos fibers and particles which become lodged in the protective linings around certain organs like the lungs. Unfortunately the body cannot expel the asbestos fibers and they remain in the protective linings causing damage for years until a diagnosis of mesothelioma is made. There are three types of mesothelioma:
- Pleural mesothelioma occurs in the protective linings surrounding the lungs. In most cases asbestos fibers and particles were inhaled by the victim. These asbestos particles can remain in the lungs undetected for years, even decades, until a diagnosis of mesothelioma occurs. Symptoms such as persistent coughing, shortness of breath, and tightening in the chest are closely related to other respiratory illnesses which makes an initial diagnosis of mesothelioma difficult.
- Peritoneal mesothelioma occurs in the abdomen and is rarer than pleural mesothelioma. The asbestos fibers may have been swallowed inadvertently by those working with it and the fibers become trapped in the lining of the abdomen. Symptoms can include gastrointestinal problems, abdominal pain, and a distended abdomen but these symptoms may not appear until decades after the exposure to asbestos.
- Pericardial mesothelioma occurs in the lining around the heart. It is the rarest mesothelioma and is found in less than 10% of mesothelioma cases. Symptoms again may not appear for decades after exposure and can include heart palpitations, chest pain, and fatigue.
Lung cancer can also be asbestos related even though it is most commonly associated with smoking. In some cases, smokers who were exposed to asbestos may have increased their chances of being diagnosed with lung cancer. If you smoked and were exposed to asbestos and have been diagnosed with lung cancer please contact our firm today.
Asbestosis is an asbestos-related disease that is caused by exposure to asbestos. It causes the lungs to become inflamed and can lead to coughing and shortness of breath. In some cases it can lead to permanent lung damage.
If you have been exposed to asbestos and think it may be causing some health issues please speak with your primary care physician. Make them aware of your past exposure to asbestos so they have all the necessary information when trying to make a diagnosis. If you are diagnosed with mesothelioma please contact our firm today.
Occupations at Greater Risk for Asbestos Exposure and Mesothelioma
Asbestos was a commonly used product during the 20th century due to its ability to withstand heat and its fireproof nature. It was wrapped around pipes as insulation in homes, buildings and ships, was used commercial and residential construction materials such as roofing materials, drywall, certain types of flooring, and various other uses. If you or a loved one worked in the following industries or jobs, particularly prior to 1980, there was most certainly an increased risk of asbestos exposure and eventual asbestos-related illnesses:
- Shipyard Workers
- Construction and Building Trades
- Military Veterans, particularly from the 1930s to 1970s
- Manufacturing, Power Plant, Refinery, or Chemical Employees
- Demolition Crews
- Automotive Mechanics or Brake Workers
- Mining and Milling Employees
Mesothelioma and Asbestos Information for Veterans
Unfortunately, exposure to asbestos was a common occurrence for millions of our veterans. While it was used in every branch of the service, Navy veterans appear to have had the greatest exposure to asbestos because it was used in nearly every part of their ships from 1940-1970. Asbestos was employed to fireproof the ships and was used on the boilers, pipes, flooring, valves, and engine parts. At the time, the Navy was unaware of the dangers stemming from asbestos exposure and the ramifications it would have on the health of its sailors and their families later in life.
Army and Marine Corps members were also exposed to asbestos. Countless military installations built before 1980 contained asbestos tile flooring, asbestos ceiling tiles, and asbestos wall insulation. The foundations of many military buildings were also poured with asbestos cement, and the brake pads of innumerable military vehicles contained asbestos. In a cruel twist, thousands of enlisted men and women have been further exposed by the unsafe removal of these asbestos products during the demolition of base facilities and shops.
Veterans who were exposed to asbestos while in service and developed a disease related to asbestos exposure may receive service-connected compensation benefits through the Office of Veterans’ Affairs. However, there are certain criteria that must be met in order to qualify for these benefits. Please visit their website for more information regarding filing a claim for asbestos-related compensation from the VA.
You may also be eligible for compensation from a legal claim against the asbestos manufacturers who produced the asbestos products you were exposed to while in the service. These asbestos companies supplied the Navy, and other armed forces branches, with these asbestos products knowing they were harmful and would cause asbestos diseases, like mesothelioma, in the servicemen exposed to it. If you are a veteran, and are now suffering from an asbestos related disease, please call us immediately for a free consultation. If you qualify, we will NOT be pursuing any legal action against the US government, or branches of the service. We will only be pursuing claims against the asbestos manufacturers for the harm that they knowingly caused.
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Mesothelioma News and Updates
- New Genetic Insights Into Mesothelioma
A press release issued by Brigham and Women’s Hospital stated that a study done by physician-researchers from the International Mesothelioma Program at Brigham and Women’s Hospital, in collaboration with colleagues from Genentech, provides new genetic insights into diagnosing and treating patients with mesothelioma. Studies of other cancers have uncovered ...
- Two-step Mesothelioma Treatment Raises Two Emotions
After reading this article posted on our Mesothelioma & Asbestos page, I was elated that a potentially more effective way to treat mesothelioma with chemotherapy could be on the horizon. While the two-step method still has to be verified in human trials, there is hope that it will improve chemotherapy ...
- New Drug Delivery Method May Help Mesothelioma Patients
Doctors at Boston University and Brigham and Women’s Hospital say they may have found a more effective treatment method for mesothelioma patients. The new method would deliver the chemotherapy drugs directly into mesothelioma tumors. In the past, doctors have warned mesothelioma patients that the effectiveness of chemotherapy to treat their ...
Are You Eligible for an Asbestos or
The Feeney Law Firm is committed to seeking justice for those affected by Asbestos or Mesothelioma. Fighting to keep people safe from corporate greed and self-interest is our passion. We are here to help make that process as simple as possible for you and your family. Call us now at 1-800-809-0911 for a FREE consultation. Don’t wait; your time to file a Mesothleioma or asbestos claim may be limited.