admin2Having known that Mesothelioma is a rare and aggressive cancer that develops in the lining of the lungs, abdomen or heart as discussed in our previous articles . We also got to know that it is caused by exposure to asbestos, a naturally occurring mineral that was commonly used in construction, manufacturing and other industries for decades.
What Are The Three Main Type of Mesothelioma
The three main types of mesothelioma are:
1. Pleural mesothelioma (lungs) – most common, causes shortness of breath and chest pain
2. Peritoneal mesothelioma (abdomen) – causes abdominal swelling, nausea, vomiting
3. Pericardial mesothelioma (heart) – rare, causes chest pain, shortness of breath, irregular heartbeat.
Mesothelioma Diagnosis and Staging
If you’ve been diagnosed with mesothelioma, the first step is understanding the stage of your cancer. This helps determine the best course of treatment.
1. Diagnosing Mesothelioma
To diagnose mesothelioma, your doctor will review your medical history and symptoms, conduct a physical exam, and run several tests like:
- Imaging tests: CT scans, PET scans, and MRIs to detect tumors and see if the cancer has spread.
- Biopsy: Removing fluid or tissue samples to examine under a microscope. This is the only way to confirm a mesothelioma diagnosis.
- Blood tests: To check for high levels of certain proteins that could indicate mesothelioma.
2. Determining the Stage
Once diagnosed, your doctor will determine the stage of your mesothelioma based on several factors:
- Size and location of the primary tumor
- If the cancer has spread to lymph nodes
- If it has metastasized to other parts of the body
The stages range from 1 to 4, with stage 1 being early and stage 4 indicating advanced mesothelioma that has spread significantly. Patients with earlier stages often have more treatment options and a better prognosis.
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Filing a Mesothelioma Lawsuit in Henderson
Here are some factors to consider:
1. Exposure to Asbestos
The first step is determining where and how you were exposed to asbestos. Asbestos was commonly used in construction, shipyards, refineries, and other industries in Henderson for much of the 20th century. If you worked in these fields, especially prior to 1980, your exposure was likely occupational. However, asbestos was also used in many building and insulation materials, so exposure could have been secondary as well.
2. Diagnosed with Mesothelioma
In order to file a lawsuit, you must have a diagnosis of mesothelioma from a qualified doctor. Mesothelioma is a rare cancer that affects the lining of the lungs, abdomen or heart. It is almost always caused by exposure to asbestos fibers. Get copies of your medical records, test results, and doctor’s diagnosis to support your case.
3. Potential Defendants
The companies that manufactured, sold, or used the asbestos products that you were exposed to can potentially be named as defendants in your lawsuit. This may include former employers, building owners, or asbestos companies. An experienced mesothelioma lawyer can conduct an in-depth investigation to determine all parties that may be liable for your illness.
4. Statute of Limitations
Each state sets a “statute of limitations” on when you can file a mesothelioma lawsuit. In Nevada, the statute of limitations is 2-3 years from the date of diagnosis or date of death. It’s important to act quickly and find a lawyer to start the legal process, or you risk forfeiting your right to file a claim.
While the legal process can be complicated, a skilled mesothelioma lawyer can evaluate your unique situation, determine if you have a strong case, and guide you through each step of filing a lawsuit in Henderson.
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Finding the Right Mesothelioma Lawyer
When searching for an attorney, look for the following qualifications:
1. Experience
An experienced mesothelioma lawyer will have a proven track record of success in handling these complex cases. They will be familiar with asbestos trust funds and know how to build a strong case to get you the maximum settlement. Ask about the number of mesothelioma cases they have handled and their success rate.
2. Focus
Look for a lawyer who focuses specifically on mesothelioma and asbestos litigation. These cases require in-depth knowledge of asbestos exposure and medical issues. A general personal injury lawyer may not have the expertise to handle such a specialized case.
3. Resources
The top mesothelioma law firms have significant resources, including large staffs of attorneys, paralegals, and investigators to properly handle these intricate cases. They should also have relationships with leading mesothelioma doctors and medical experts to help prove causation and damages.
4. Reputation
Search online reviews and rankings to determine the reputation of the lawyer and law firm. Look for a solid record of positive reviews from former clients who were satisfied with the legal representation and financial recoveries. High rankings on lists of top U.S. mesothelioma law firms are also a good sign.
5. No Upfront Fees
Most mesothelioma lawyers work on contingency, so there are no upfront legal fees. They only get paid if they win your case or reach a settlement. Their fees typically come out of the final settlement amount. If they don’t win compensation for you, you owe them nothing.
Mesothelioma Legal FAQs: Your Top Questions Answered
Here are answers to some of the most frequently asked questions about mesothelioma lawsuits.
1. Do I have a case?
If you were exposed to asbestos at work or in the military and have since been diagnosed with mesothelioma, there is a good possibility you have grounds for a lawsuit. Mesothelioma cases often result in compensation for medical bills, lost wages, pain and suffering, and other damages. An experienced mesothelioma lawyer can review your work history and diagnosis to determine if you have a strong case.
2. How long do I have to file a lawsuit?
Each state has its own statute of limitations for filing an asbestos-related lawsuit. In most states, the deadline is 1-3 years from the date of diagnosis. It’s important to act quickly and speak to a lawyer as soon as possible about your legal options and the deadlines in your state.
3. How much compensation can I get?
The amount of compensation awarded in mesothelioma lawsuits varies greatly based on the specifics of each case. Factors like where and how long the exposure occurred, the severity of the disease, medical expenses, and lost income are all considered. Settlements and jury awards can range from $100,000 up to $2 million or more for some cases. The average award amount is several hundred thousand dollars.
4. Will it cost me anything to pursue a lawsuit?
Reputable mesothelioma law firms work on what’s called a contingency-fee basis. This means they don’t charge any upfront legal fees. Instead, they take a percentage of your final settlement or award amount as payment. If they don’t win your case, they don’t get paid. This allows people with mesothelioma and their families to seek justice and compensation without worrying about affording legal representation.
5. Who can I sue?
Potential defendants in a mesothelioma lawsuit include former employers, asbestos manufacturers and suppliers, premises owners, and other parties responsible for asbestos exposure. Your mesothelioma attorney will investigate to determine all viable parties that may be liable for damages based on your unique exposure history. Multiple parties can often be named in a single lawsuit.
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Conclusion
Choosing an experienced mesothelioma attorney is one of the most important decisions you’ll make after being diagnosed.
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