Rochester Mesothelioma Legal Question

Rochester Mesothelioma Legal Question

Mesothelioma is a rare cancer that evolves in the lining of the lungs, abdomen, or heart. It is caused by exposure to asbestos fibers, which were commonly used in construction, shipbuilding, and other industries for insulation and fireproofing from the 1940s through the 1980s.

Asbestos fibers are tiny, invisible particles that can easily become airborne and inhaled or swallowed. Once inside the body, they can become trapped and build up over many years. This can eventually cause inflammation and scarring that leads to the development of malignant mesothelioma tumors.

  • The most common symptoms are shortness of breath, chest pain, coughing, and fatigue. But mesothelioma can remain dormant for 10-50 years after exposure before any symptoms appear.
  • The three types are:
  • Pleural mesothelioma affects the lining of the lungs (known as the pleura). This is the most common form.
  • Peritoneal mesothelioma develops in the lining of the abdomen (the peritoneum).
  • Pericardial mesothelioma originates in the lining surrounding the heart (the pericardium). This is the rarest type.
  • While mesothelioma is incurable, treatment options like surgery, chemotherapy, and radiation therapy can help manage symptoms and extend life expectancy. The earlier it is detected, the more treatment options are available.

What Are the Symptoms of Mesothelioma?

So you’ve been exposed to asbestos and now you’re worried you may have mesothelioma. The best way to catch this rare cancer early is to know the common symptoms.

1. Chest pain

Persistent chest pain can be a sign of mesothelioma. The pain may feel like pressure on your chest or sharp stabbing pains in your chest wall, shoulders or back.

2. Shortness of breath

Feeling winded or out of breath for no reason is another worrying symptom. Mesothelioma can cause fluid buildup in the lungs or thickening of the lung lining, making it hard to breathe.

3. Coughing

A dry, hacking cough that won’t go away can be a symptom of mesothelioma. Coughing up blood or blood in the phlegm is particularly concerning and should be evaluated right away.

4. Weight loss and fatigue

Unexplained weight loss of more than 10 pounds or severe fatigue and weakness could indicate mesothelioma or another serious condition. See your doctor if you experience these symptoms.

5. Swelling

Swelling in the chest, abdomen or neck can occur with mesothelioma. The swelling is caused by a buildup of fluid, which can sometimes be relieved by draining procedures.

What Should I Do if I Was Exposed to Asbestos in Rochester?

If you were exposed to asbestos while living or working in Rochester, it’s important to take action.

Here are some steps you should take:

1. Consult with a Mesothelioma Lawyer

Speak with an attorney in Rochester who specializes in mesothelioma and asbestos exposure cases. They can review your situation, determine if you have grounds for a legal claim, and advise you on the next steps. Do this as soon as possible to ensure you take timely action before statutes of limitations expire.

2. Get Medical Evaluations

See your doctor right away for a checkup and testing. Early detection of mesothelioma or other asbestos-related diseases is critical. Your doctor may order imaging scans, biopsies, or other tests to determine if you’ve developed any health issues from asbestos exposure. These medical records will also be important for your legal case.

3. File a Mesothelioma Claim

Work with your lawyer to file a personal injury claim against the companies responsible for exposing you to asbestos. Your lawyer will gather evidence to build your case, which may include testimony from co-workers, medical records, proof of asbestos use by defendants, and expert opinions. They will handle the entire legal process for you.

4. Apply for Compensation and Benefits

If your claim is successful, you may be awarded compensation for medical bills, lost wages, pain and suffering, and other damages. You may also be eligible for Social Security disability benefits, VA benefits if you were exposed during military service, and settlement funds from asbestos trust funds. Your lawyer can help you apply for any benefits you may qualify for.

How Can a Rochester Mesothelioma Lawyer Help Me File a Claim?

A Rochester mesothelioma lawyer can help you in many ways throughout the legal process of filing a claim.

1. Filing a Lawsuit

Filing a mesothelioma lawsuit involves complicated legal procedures that require expertise to navigate. An experienced lawyer knows the specific laws regarding asbestos exposure and mesothelioma cases in New York. They can determine if you have a viable case, gather evidence to support your claim and file the necessary paperwork to initiate a lawsuit on your behalf.

2. Negotiating with Defendants

Once a lawsuit is filed, your lawyer will represent you in negotiations with the defendants named in the claim. They have the knowledge and skills to deal with insurance companies and corporations to fight for the maximum compensation you deserve. Defendants often try to settle cases quickly for less than full value, so a lawyer is critical for getting you a fair settlement.

3. Taking a Case to Trial

If a fair settlement cannot be reached through negotiation, your lawyer can take the case to trial in front of a judge and jury. They will gather expert testimony and medical evidence to prove negligence and liability. At trial, they can advocate persuasively on your behalf to make a compelling case. While the vast majority of mesothelioma lawsuits settle out of court, your lawyer will not hesitate to go to trial if needed to get you proper compensation.

4. Handling Appeals

In some cases, the outcome of a trial may be appealed by the defendants. Your lawyer can also file an appeal on your behalf if needed. They are experienced in handling the appeals process and ensuring your rights and interests are protected at every stage of the legal proceedings. Appeals can delay the resolution of a case for a long time, so an experienced lawyer is important.

What Compensation Is Available for Rochester Mesothelioma Victims?

As a victim of mesothelioma in Rochester, you may be eligible for compensation to help cover medical bills, loss of income, pain and suffering, and other costs.

The main types of compensation include:

1. Asbestos Trust Fund Claims

Many companies that produce asbestos products have set up trust funds to compensate mesothelioma victims. You can file a claim against these trusts to receive compensation. The amounts vary but can be significant. To file a trust fund claim, you will need evidence showing exposure to the company’s asbestos products.

2. Lawsuits and Settlements

You may be able to file a lawsuit against companies responsible for your asbestos exposure. These lawsuits can result in large settlements to compensate you for medical care, lost income, pain and suffering, and other damages. However, lawsuits can be time-consuming and complex. Many mesothelioma victims work with an attorney to help build a strong case and negotiate the best possible settlement.

3. Veterans Benefits

If you were exposed to asbestos while serving in the military, you may be eligible for veterans benefits through the VA. The VA offers disability compensation and healthcare benefits for veterans with mesothelioma and other asbestos-related diseases. You will need evidence of asbestos exposure during your military service to qualify for these benefits.

READ ALSO- Norwalk Mesothelioma Legal Question

Conclusion

In summary, Rochester mesothelioma victims have options to seek compensation to help pay for treatment, provide financial security, and gain a sense of justice. Don’t hesitate to explore your options by talking to a veteran’s advocate, contacting asbestos trust funds you may have been exposed to, and speaking with a mesothelioma lawyer about your legal rights.

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