Mesothelioma is a rare and aggressive cancer caused by exposure to asbestos. Asbestos was once commonly used in construction, insulation, and fireproofing, but its tiny fibers can become lodged in the lining of the lungs or abdomen, causing inflammation and eventually mesothelioma tumors.
What Are the Symptoms of Mesothelioma I Should Look Out For?
If you’ve been exposed to asbestos and start noticing concerning symptoms, it’s critical to consult your doctor right away about the possibility of mesothelioma.
Some common signs to watch out for include:
- Chest pains, tightness, or shortness of breath. Mesothelioma typically affects the lining of the lungs, so respiratory issues are often one of the first symptoms.
- A persistent cough that won’t go away. This dry, hacking cough can produce mucus and blood.
- Unexplained weight loss. Losing weight without trying can be a symptom of mesothelioma and other cancers.
- Swollen abdomen or fluid buildup. Mesothelioma may cause fluid to accumulate in the abdomen or around the lungs. This can lead to a swollen belly, nausea or bowel issues.
- Anemia or fatigue. Feeling very tired and weak can be a sign that something is wrong, like mesothelioma or another asbestos-related condition.
When to See Your Doctor
If you experience any symptoms that concern you or persist for more than a couple of weeks, consult your physician right away. Early diagnosis of mesothelioma is critical to exploring all treatment options available and improving prognosis. Your doctor can review your medical history, and exposure risks and conduct tests like imaging scans or a biopsy to determine if your symptoms are caused by mesothelioma or another condition. The earlier mesothelioma is detected, the better the chances of successful treatment and long-term survival.
Don’t delay if you notice these warning signs. Speak to your doctor as soon as possible about getting the proper screening and care you need. Your health and life could depend on it.
What Legal Options Are Available if I Developed Mesothelioma After Asbestos Exposure?
If you or a loved one has developed mesothelioma after being exposed to asbestos, you have legal options available.
Here are 5 key questions to ask regarding your legal rights:
1. What types of claims can I file?
There are two primary claims those with mesothelioma can pursue:
- Personal injury lawsuits: You can file a lawsuit against the companies that exposed you to asbestos. These lawsuits can recover compensation for medical bills, lost wages, pain and suffering, and other damages.
- Asbestos trust fund claims: Many companies that used asbestos have set up trust funds to compensate victims. Filing a claim with these trusts can award you cash payments. You can pursue both trust fund claims and lawsuits.
2. What is the statute of limitations in my state?
Each state has a statute of limitations on mesothelioma claims. This is the deadline by which you must file a lawsuit or trust fund claim. Most states have a statute of limitations of 1 to 3 years from the date of diagnosis or death. Seek legal advice right away to understand your state’s deadlines.
3. How will the claims process work?
The claims process typically begins with finding a mesothelioma lawyer to handle your case. They will investigate to find companies responsible for your asbestos exposure and determine what claims you can make. Lawsuits and trust fund claims involve filing legal paperwork, exchanging information with defendants, and possibly going to trial. The entire process can take 6 months to 2+ years.
4. What compensation might I receive?
There is no set amount for mesothelioma claims. Compensation depends on factors like:
- The severity of your illness and life expectancy
- Number of companies found liable and their assets
- Amount of time/levels of exposure
- Economic and non-economic damages (medical costs, lost income, pain/suffering)
Typical compensation can range from $100,000 to $2 million or higher for large-scale lawsuits. Trust fund claims also vary but may award $25,000 to $200,000 per company.
5. Should I hire a lawyer or file claims myself?
It is strongly advised you hire an experienced mesothelioma lawyer to help you through the legal process. Mesothelioma cases are complex, and lawyers have the expertise to properly investigate, determine liable parties, and negotiate the maximum compensation on your behalf. They work on contingency, so they only get paid if they win your case. DIY claims risk missing out on the compensation you deserve or encountering issues that delay or prevent you from recovering damages at all.
How Can a Mesothelioma Lawyer Help Me File a Lawsuit and Get Compensation?
A mesothelioma lawyer can help you in many ways with filing a lawsuit and obtaining compensation.
1. Guidance Through the Legal Process
The legal process for mesothelioma claims can be complicated. An experienced lawyer knows the proper steps to take to build your case, file your lawsuit, and negotiate with defendants. They can walk you through each stage of the process so you know what to expect.
2. Investigating the Source of Exposure
Pinpointing the source of asbestos exposure is crucial yet challenging. Your lawyer has the resources and experience to conduct a thorough investigation into where and how you were exposed. They can uncover companies responsible and determine appropriate defendants for your lawsuit.
3. Determining Compensation Amount
There are several types of compensation available in mesothelioma lawsuits, including damages for medical bills, lost income, pain and suffering, and loss of consortium. Your lawyer can calculate the maximum amount you may be entitled to based on the details of your case and exposure. They negotiate with defendants to obtain fair and just compensation on your behalf.
4. Handling Communication
Dealing with defendants and their legal teams can be stressful and emotionally difficult for victims and families. Your lawyer handles all communication so you don’t have to. They draft necessary legal documents, correspond with involved parties, and represent you in settlement negotiations and at trial.
5. Contingency Fee Arrangements
Most mesothelioma law firms work on a contingency fee basis, meaning they only get paid if they recover compensation for you. They deduct a percentage (usually around 33-40%) of your settlement or award as their fee. This means you pay nothing upfront and owe no fees if no compensation is obtained. Your lawyer is motivated to get you the maximum amount possible.
What Questions Should I Ask When Choosing the Right Mesothelioma Law Firm to Represent Me?
When choosing a mesothelioma law firm to represent you, there are several important questions you should ask. The firm you select can have a huge impact on your case, so you want to make sure they are the right fit.
1. Do you specialize in mesothelioma and asbestos litigation?
You want a firm that focuses specifically on mesothelioma and asbestos cases. They will have the necessary experience and expertise to build the strongest case possible. Ask about their success rate for these types of lawsuits.
2. How many mesothelioma cases have you handled?
An experienced firm will have a proven track record of handling numerous mesothelioma cases. Ask for references from previous clients to get a sense of their reputation and results. The more cases they have worked on, the more familiar they will be with the complex legal and medical issues involved.
3. Who will be directly involved in my case?
Find out which attorneys and staff members will be working on your file. Ideally, you want a team with years of experience taking cases to trial. Meet with them directly to make sure you feel comfortable and confident in their abilities.
4. Will you be filing an individual or class action lawsuit?
Determine whether the firm intends to pursue an individual lawsuit focused solely on your case, or include you as part of a larger class action suit. Individual lawsuits can potentially lead to higher compensation, while class actions may take years to resolve but require less involvement from you. Discuss which option is the best strategy based on the details of your situation.
5. What are your fees and how will I be charged?
Most mesothelioma firms work on contingency, meaning they only get paid if they recover compensation for you. However, they will deduct a percentage (usually around 33-40%) of your total settlement or award. Make sure you understand all potential fees upfront before signing a contract.
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Conclusion
Asking the right questions will give you confidence in the law firm you choose to represent you. Do your research, check their credentials and experience, and go with the team you trust to fight for the maximum compensation you deserve.