Mesothelioma is a rare and aggressive cancer that develops in the lining of the lungs, abdomen, or heart. It is caused by exposure to asbestos, a naturally occurring mineral that was used in many products for its heat and fire resistance up until the 1980s.
Asbestos exposure often occurs on the job, especially in occupations like construction, shipbuilding, and asbestos mining. The microscopic asbestos fibers can become lodged in the lining of the lungs or abdomen, causing irritation that leads to scarring and tumor growth decades later.
Signs of mesothelioma include shortness of breath, chest pain, fluid in the lungs, swelling of the abdomen, and lumps under the skin on the chest or abdomen. An early diagnosis is critical but often difficult because symptoms resemble common illnesses and may not appear for 20 to 50 years after exposure.
- Diagnostic tests include imaging scans, biopsies, and blood tests to check for elevated levels of certain proteins.
- Treatment options include surgery, chemotherapy, radiation therapy, immunotherapy and clinical trials. The approach depends on the stage of the cancer and the patient’s overall health.
If diagnosed with mesothelioma, seeking legal counsel regarding compensation and justice is recommended. Not only were companies aware of the dangers of asbestos long before properly warning workers, but they may have also covered it up for profits. You deserve answers and accountability. An experienced mesothelioma law firm can review your case at no cost and help you understand your legal rights.
Finding a Qualified Mesothelioma Lawyer in Albany
Finding a qualified mesothelioma lawyer in Albany is crucial to building a strong case and getting the compensation you deserve.
Here are some tips for finding an experienced attorney:
1. Do your research
Search online for mesothelioma law firms in Albany. Look for ones that specifically handle asbestos exposure and mesothelioma cases. Check reviews from former clients to determine a firm’s success in court and level of client satisfaction.
2. Meet with candidates
Set up initial consultations with a few top candidates. These meetings are often free of charge. Ask about their experience with mesothelioma cases, success rates, and the types of financial compensation they have secured for clients. Also, inquire about the lawyers and staff who will be directly involved in your case. Choose a team you feel comfortable with.
3. Consider credentials and experience
The ideal attorney will be well-versed in asbestos legislation like the Asbestos Hazard Emergency Response Act (AHERA). They should have experience in asbestos trust funds and taking cases to trial in Albany courts. Membership in professional organizations like the American Bar Association shows a commitment to high standards.
4. Discuss fees before hiring
Asbestos cases are often taken on contingency, meaning the firm only gets paid if you receive compensation. The standard fee is around 33-40% of your settlement. Make sure you understand all fees and costs before officially hiring a lawyer.
5. Stay involved in your case
While the attorneys are the experts, this is your case and your life. Maintain open communication with your lawyers and provide any information that could help strengthen your claim. Ask questions and make sure you understand every step of the legal process. With the right lawyer and your involvement, you have a good chance of success in Albany.
Building a Strong Mesothelioma Compensation Claim
Building a strong mesothelioma compensation claim requires diligent evidence gathering and legal advice. The more evidence you have to support your claim, the better.
Some key things you’ll want to assemble include:
1. Medical records
Obtain all medical records related to your mesothelioma diagnosis and treatment. These establish the validity of your condition and prognosis. Your doctors and healthcare providers are required by law to provide you copies of your records upon request.
2. Work History
Compile a detailed work history, especially about any jobs where you may have been exposed to asbestos. List specific tasks, locations, products used, etc. This evidence helps prove negligence on the part of former employers. Speak to former coworkers who can corroborate your account.
3. Eyewitness statements
Written statements from people who witnessed unsafe working conditions or asbestos exposure can strengthen your claim. Ask former coworkers, family members, and friends to provide written accounts of what they observed. Their testimonies, combined with your work history, build a case for employer liability.
4. Product identification
If you work with or around asbestos-containing products, try to identify the specific brands and manufacturers. Some companies that produce dangerous asbestos products can still be held accountable today. Your lawyer can investigate and add these companies as defendants in your lawsuit.
Albany Mesothelioma Settlements: What Victims May Recover
When seeking compensation for mesothelioma in Albany, you have a few options to consider regarding settlements. Settlements allow victims to recover damages without going through a lengthy trial process.
1. Trust Fund Claims
New York has established an asbestos trust fund with over $1 billion in assets to compensate mesothelioma victims. You can file a claim against the trust fund to recover damages like lost wages, medical bills, and pain and suffering. The process is typically faster than a lawsuit.
2. Trust Fund and Lawsuit Combination
Some victims file claims against both the asbestos trust fund and through lawsuits to maximize their compensation. Your mesothelioma attorney can help determine which options may yield the best results in your unique situation. They can handle the settlement process on your behalf so you can focus on your health and family during this difficult time.
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Conclusion
The compensation you may recover can help pay for mesothelioma treatments, make up for lost income, and provide financial security for your loved ones. Speaking with an Albany mesothelioma lawyer about your legal options is an important first step toward justice and recovery.