admin2Mesothelioma is a rare and aggressive cancer that develops in the lining of the lungs, abdomen, or heart. Sadly, the primary cause of mesothelioma is asbestos exposure, a naturally occurring mineral that was commonly used in construction, shipbuilding, and other industries for its heat and fire resistance.
Asbestos exposure most often occurs in occupational settings, putting tradespeople, laborers, and others at risk. In Massachusetts, workers at industrial sites, power plants, shipyards, and construction projects were frequently exposed to asbestos in the workplace. Many did not even realize the danger.
If you or a loved one lived or worked in Massachusetts for a significant time, especially in industrial areas, you may have been exposed to asbestos. The health impacts can take 20-50 years to appear, but mesothelioma and other asbestos-related diseases are often aggressive and deadly.
Mesothelioma Laws in Massachusetts
If you’ve been diagnosed with mesothelioma in Massachusetts, you have legal options for seeking compensation. Mesothelioma is an aggressive cancer caused by exposure to asbestos, a toxic mineral once commonly used in construction, shipbuilding, and other industries.
Asbestos Use and Regulation in Massachusetts
Massachusetts was once a major center for shipbuilding and other industries that relied heavily on asbestos. As a result, many workers and residents were exposed to high levels of asbestos for decades. Massachusetts banned the use of asbestos in schools and public buildings in the 1970s and 80s, but asbestos was not fully banned until the late 1980s.
Filing an Asbestos Lawsuit in Massachusetts
In Massachusetts, the statute of limitations for filing an asbestos lawsuit is 3 years from the date of diagnosis. However, some exceptions can extend the deadline. The two main options for legal action are:
- Personal Injury Lawsuits: You can file a lawsuit against companies that manufactured, sold or installed asbestos products that led to your exposure and mesothelioma diagnosis. These complex cases can take time but often lead to higher compensation.
- Asbestos Trust Fund Claims: Many companies that used asbestos have set up trust funds to compensate victims. Filing a claim against one or more trust funds is often faster and simpler than a personal injury lawsuit. The amounts awarded are usually lower, but you can file claims against multiple trusts.
Speaking with an experienced mesothelioma lawyer in Massachusetts is the best way to understand your options and determine the best path for your situation. They can walk you through the legal process, investigate the source of your asbestos exposure, and help you pursue the maximum compensation available under the law. Don’t delay – act now to protect your rights!
Filing a Mesothelioma Lawsuit in Massachusetts
Filing a mesothelioma lawsuit in Massachusetts can help you seek compensation for medical bills, lost wages, pain and suffering, and other related costs. The state has a statute of limitations of 3 years from the date of diagnosis for mesothelioma claims, so time is of the essence.
1. Find a Law Firm with Experience
Seek out law firms in Massachusetts that specialize in asbestos litigation and mesothelioma claims. They will have the expertise to build a strong case and help you determine which companies may be liable for your exposure based on work history and other factors.
2. Document Your Exposure
Work with your lawyers to determine where and when you were exposed to asbestos. This could have been at work sites, in equipment like boilers or pumps, or even at home in products like insulation, shingles, or cement. Provide details about the companies involved and timeframes of exposure. Your lawyers can investigate further to identify manufacturers and suppliers of asbestos products.
3. File a Claim
Once liable companies have been identified, your lawyers will file a personal injury lawsuit on your behalf. They will handle the litigation process, including:
- Collecting evidence like medical records, work records, witness statements, etc. to support your claim.
- Determining proper jurisdiction for the case based on company locations.
- Serving the defendant companies with official notice of the pending lawsuit.
- Negotiating a settlement to avoid trial, or proceeding to trial to seek compensation through a jury verdict.
The process can take 6-18 months or longer to resolve. Your lawyers will guide you through each step and work to secure the maximum compensation for your claim. While no amount of money can undo the harm of mesothelioma, it can at least help provide financial security and cover medical costs during this difficult time.
Finding a Mesothelioma Lawyer in Massachusetts
Finding the right mesothelioma lawyer in Massachusetts is crucial to successfully filing a claim and receiving compensation.
There are a few key things to consider in your search:
1. Experience and Track Record
Look for attorneys with experience specifically handling mesothelioma cases. Check their history of success in securing settlements for clients and ask about the amounts. More experience usually means higher settlement offers.
2. Free Consultations
Most mesothelioma law firms offer free initial consultations. Take advantage of these to learn more about the firm, and their experience, and get an idea of how they would handle your case. Come prepared with questions about their success rates, settlement amounts, and the overall process.
3. Contingency Fees
Mesothelioma lawyers typically work on contingency, meaning they only get paid if they win your case. Their fees are deducted from your final settlement amount, usually around 33-40%. Be sure to understand the fee percentage before signing a contract.
4. Local Knowledge
Hiring a lawyer familiar with Massachusetts asbestos exposure and mesothelioma laws will benefit you. They understand the challenges of the local courts and have relationships with doctors, healthcare facilities, and asbestos companies in the state.
5. Additional Resources
Look for law firms that offer more than just legal representation. Things like medical referrals, claims filing assistance, and help accessing financial resources can make the process easier on clients and families. Some even provide information on clinical trials and support groups.
Getting Compensation for Your Mesothelioma Diagnosis
If you or a loved one has been diagnosed with mesothelioma in Massachusetts, you may be entitled to compensation.
There are a few options for pursuing compensation, including:
1. Filing a Lawsuit
You have the right to file a personal injury lawsuit against the companies that exposed you to asbestos. In Massachusetts, the statute of limitations for filing a mesothelioma lawsuit is 3 years from the time of diagnosis. Lawsuits can result in compensation for medical bills, lost wages, pain and suffering, and other costs.
2. Mesothelioma Trust Funds
Many asbestos companies that were sued for exposing workers to asbestos have set up mesothelioma trust funds to provide compensation. You can file a claim against any trust funds set up by companies that exposed you to asbestos. The process for filing a trust fund claim is typically faster and less complicated than a lawsuit.
3. Workers’ Compensation
If you were exposed to asbestos at your workplace, you may be able to get compensation through the Massachusetts workers’ compensation system. Workers’ comp pays for lost wages, medical care, and other costs related to job-related illnesses and injuries.
The legal process can be overwhelming, especially when dealing with a serious diagnosis like mesothelioma. Speaking with a lawyer experienced in handling mesothelioma cases can help guide you through your options and determine the best path for seeking compensation. They can evaluate which asbestos trusts you may be eligible for and estimate the potential compensation in a lawsuit. Many lawyers offer free initial consultations and work on contingency, so they only get paid if they recover compensation for you.
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Conclusion
Pursuing compensation won’t undo the harm caused by asbestos exposure, but it can provide financial security and help pay for medical care during this difficult time. Don’t hesitate to explore your legal options with the help of a caring lawyer. You deserve justice and compensation for the negligence that caused your mesothelioma.
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