Ohio Mesothelioma Lawyer: Help You Get the Compensation

An Ohio mesothelioma lawyer can help you, if you have just recently found out that you have mesothelioma. The law will support any provable mesothelioma case, and because mesothelioma is a cancer, which is mainly caused by exposure to asbestos, it can be proved. But every case is different, and you need an experienced attorney that knows how to present your case, and how to prove that the exposure is what caused the illness. Only an Ohio Mesothelioma lawyer will be qualified to present the best case on your behalf and get the compensation you need.

When you get sick from asbestos exposure then you should get a hold of a qualified Ohio mesothelioma lawyer as soon as possible, he will help you get the finances you need to cover the costs of the illness. Mesothelioma is caused by asbestos exposure and that makes you eligible to get a good settlement from a mesothelioma case. But every case is different, and you need an experienced attorney that knows how to present your case, and how to prove that the exposure is what caused the illness. The Ohio mesothelioma lawyer can place you in a favorable light before the justice system and get you the money you need.

Mesothelioma is a type of cancer that has for many years been diagnosed as other types of diseases, due to a lack of knowledge. The malignant tumor starts in the mesothelial tissue of the lungs and the abdomen and is caused by inhaling of asbestos particles. This tumor is caused by inhaling asbestos particles, but many not show up for 20,30 or even 40 years after having breathed the particles in. Today more people know about this kind of cancer because it has affected more than 20 million people. Worse yet, many of the companies that employed people to work with asbestos knew that it was extremely harmful. It is the studies that linked mesothelioma and asbestos, which caused this type of product to be forbidden on the market. Still determining that the cancer was caused by asbestos took some time because mesothelioma does not show up for ten, twenty or even thirty years.

Today there are many good Ohio mesothelioma lawyers available, and these attorneys are specialized in the effects of asbestos on the human body, and what it can do. These lawyers are effective in getting the right kind of compensation for mesothelioma. A good mesothelioma attorney can get you a good settlement. Its also about creating mesothelioma awareness! It is also about getting mesothelioma awareness made! These companies let people continue working with asbestos even though the owners knew it was dangerous, and they still did nothing to protect their employees. These large corporations have to pay for their negligence. They have to compensate the people they affected, and mesothelioma attorneys can help you get this done.

Mesothelioma can be hard to detect because there are so many similar symptoms to other diseases like lung cancer and even pneumonia that is why you need an attorney that knows how to handle a mesothelioma lawsuit, one that will not be brow beaten into believing that this is another disease, one that will know just how to present your case. There are lots of mesothelioma attorneys because more than 20 million people have been affected by asbestos. Be careful and find someone really qualified in mesothelioma and asbestos.

It is estimated that about 27 million Americans were affected by asbestos between 1940 and 1979, but the problem with asbestos is that it may take decades for the disease to appear. The attorney you decide to choose will have to prove that your cancer is caused by asbestos exposure and he will have to come up with the proof based on information 30 to 40 years previously, and to get this done correctly you need a good Ohio mesothelioma lawyer, one that has already tried several of these lawsuits. You can find a good mesothelioma attorney by finding out what experience the attorney has and what his or her success rate is, and what the compensation amount has been for other clients.

Having been diagnosed with mesothelioma, you will soon realize that its important to go over all of your options with regards to the mesothelioma case. You need to realize that certain operations may minimize the disease and give you a better quality of life and that you can continue to provide for your needs and your families needs, but you need to get the support you need and that includes finding the right Ohio mesothelioma lawyer to present your case.

If you or a spouse has been affected by Mesothelioma or have been exposed to asbestos, you need to know your medical and legal options. Taking care of yourself is the #1 priority when you've been exposed to cancer causing agents. Locating an Ohio mesothelioma lawyer who can represent you and your family is an important decision. Ohio mesothelioma lawyers can provide you with information about your options.

Reference: Wilmer Streed

California Mesothelioma Attorneys Carry The Load

It is not uncommon for people who have been diagnosed with Mesothelioma, a rare and deadly form of cancer brought on by exposure to asbestos, to require professional help. California mesothelioma attorneys have been receiving more and more clients due to the increase in mesothelioma diagnoses over the last several years. The country is reaching new heights in mesothelioma cases, at least this is what mesothelioma doctors are suspecting.

There is no question that California companies that expose their employees to dangerous levels of asbestos are negligible in the later onset of mesothelioma. Mesothelioma may not become apparent for as long as 40 years after the initial exposure. What is thrown into question is what is considered a dangerous level of asbestos. Most doctors will concur that dangerous levels of nearly any toxic substance are only based on averages. Some people will still develop mesothelioma after exposure to "safe" levels of toxic exposure based on their body's sensitivity and their overall health.

When faced with mesothelioma, which carries an unfortunate life expectancy of 24 months or less, patients should really consider hiring one of the highly qualified California mesothelioma attorneys in order to deal with their affairs as well as file a mesothelioma lawsuit on their behalf. California mesothelioma attorneys have received extensive training in this field and are more qualified to deal with the complexities of mesothelioma cases than regular attorneys or attorneys who deal in other specialty areas of law. Mesothelioma cases are not simplistic by any stretch of the imagination.

Mesothelioma is like having the lining of your lungs burned over a period of ten, twenty, or thirty years. Corporate attorneys have been working on their defense for allowing this atrocity to occur, and thus the quality of the patient's mesothelioma lawyer is especially important. Retaining a California mesothelioma lawyer is one of those decisions that requires research and understanding. The patient should be able to inquire as to the Mesothelioma lawyer's track record, particularly when it comes to actual courtroom hearings and full scale trials. This is not an appropriate time for random selection or a basic internet search. If you or a family member has been diagnosed with mesothelioma in California, the lawyer which you hire will in fact be one of the most important decisions you will make while undergoing this terrible ordeal.

California mesothelioma attorneys are unfortunately gaining more experience by the day. With the onslaught of new cases, nearly 3,000 annually, Mesothelioma is no longer an obscure disease that only specialists and a few unlucky individuals have heard of. Mesothelioma and asbestos related diseases have claimed more than 45,000 lives in the past 20 or so years. It used to be that very few people understood the risks associated with asbestos exposure and what mesothelioma was. Unfortunately, the sobering reality has hit home for many.

Mesothelioma and asbestosis are diseases that could have been prevented, as the information on how to protect employees has been available to corporations since at least the 1930s if not earlier. This means that these companies knowingly placed the employees at risk without regard to their health. Many claim that this was done under the assumption that when mesothelioma was diagnosed years later, there would be no way to determine where the illness came from. Mesothelioma lays dormant for decades before striking the patient with symptoms.

California mesothelioma attorneys have had their hands full. With new claimants coming forward, often with enough claimants for a class action Mesothelioma lawsuit, there have been new discoveries made about the depth of this particular health crisis. Factory workers, miners, oil refinery workers, automotive workers, and construction workers are not the only ones coming forth with Mesothelioma lawsuits. Demolition crews, natural disaster survivors, roofers, those who work with pipelines and raw building materials, contractors, and though a tiny percentage, a few office workers have stepped forth. Typically, only office workers who worked in old renovated buildings have come down with Mesothelioma or asbestosis. The use of asbestos truly should simply be outlawed. If legislation like this should ever come forth, it will most likely come from the hearts and minds of California mesothelioma attorneys working diligently for you.


Reference: Nick Johnson

Information about Working with a Mesothelioma Attorney

Mesothelioma is a tragic disease because it is 100% preventable. The fact that you are looking at this article may mean that you, or a loved one, has been diagnosed with a form of mesothelioma and you have heard that in some cases patients have legal rights that can be upheld.

You are right about legal rights. The reason there is legislation related to mesothelioma is because many persons with mesothelioma are victims of unscrupulous employers who knew about the health risks associated with working around asbestos and asbestos related products but they chose to do nothing to protect their employees.

Mesothelioma takes decades to become obvious and by the time it does, there is little that can be done. The average life span after diagnosis is 242 days but, mortality rates are improving. So, if you have mesothelioma it is a good idea to learn as much as you can and to quickly seek the advice of a qualified mesothelioma attorney because every state has a statute of limitations. What this means is that there is a specifically defined period of time in which a lawsuit has to be filed. If this window of opportunity has passed, you will not be able to seek legal compensation.

If you want to pursue finding out whether you can file a lawsuit, you can look for a mesothelioma attorney in the yellow pages of the phonebook or go on-line and search for mesothelioma attorney. Most of the time the mesothelioma attorney or law firm you contact will gladly share with you the specific limitations for filing in the state in which you reside and you will not be obligated to them.

While you have the mesothelioma attorney on the phone and you found out you are still within the timeframe for your state to file, it would be a good idea to ask a few questions. A good starting question might be to ask about what experience the mesothelioma attorney has had in representing mesothelioma patients.

Even though the phonebook ad and/or internet citation indicates you are contacting a mesothelioma attorney, you may actually find out that the attorney you are talking to does not represent patients but refers contacts to other attorneys for a percentage of the settlement award. Another scenario is that someone in the law firm does have experience representing mesothelioma victims; in which case this is the attorney you need to be talking to.

When you get connected with a practicing mesothelioma attorney, a good second question is about how much he will charge you for investigating your situation to determine whether you have legal case to represent. Most of the time mesothelioma attorneys have no charge for investigating the viability of a possible claim. Typically mesothelioma attorneys work on what is called a contingency fee basis. What this means is that they will only get paid if there is a financial settlement or award.

Another question to be sure to ask the mesothelioma attorney is about the process and the potential length of time before the case reaches completion. You more than likely will hear that the answer to this question is highly dependent on the court where your case will be filed. As an aside, mesothelioma attorneys generally provide services in many states and not just the one in which they reside so, if you are not happy with the local mesothelioma attorney(s), know that you can work with many even those who reside in a state other than yours.

The mesothelioma attorney will be able to tell you where your case could be filed because this depends on where you live and where you were exposed to asbestos. It is not uncommon for persons with mesothelioma to be awarded some settlement monies fairly soon after filing their lawsuit. When deciding where to file, it is important to think about how long it will take for your case to be completely resolved.

At this stage of your inquiry process, responding to the question of where to file is difficult to answer. There are many variables to take into consideration. Some of these include: your age, the type of asbestos disease you have, your medical status, the details of your exposure to asbestos, and the asbestos products you had exposure to.

Be sure and talk with several different mesothelioma attorneys and only select one that you feel you can trust because he has experience and respects your need for resolution.

Reference: Tim Dillard

Claiming Your Rights; Choosing a Mesothelioma Attorney

Mesothelioma is a silent intruder that destroys the mesothelium – the protective covering so necessary for buffering and lubricating our precious organs. Victims of this horrendous disease may not be aware that they have contracted it for 20 to 50 years after exposure. By then, the disease may have progressed to later stages that are more difficult to treat.

Many manufacturers, distributors, and installers of asbestos related products used this mineral fiber in numerous products such as:

· vinyl floor tiles

· roofing tars

· gaskets

· caulk

· adhesives

· clutch plates

· stage curtains

· fire blankets

· interior fire doors

· thermal pipe insulation.

Although it was a panacea in the manufacturing industry for years, in the early 20th century, our government determined that the fibers were highly toxic. Unfortunately, the manufacturers and other related companies weighed this risk against their profit and determined that their gain was more important than your life.

Finding the Attorney that is Right for You

Literally hundreds of thousands of people have been impacted by this disease. According to the RAND Corporation, over 730,000 claimants have filed suit. Many law suits are still being filed as a result of mesothelioma. If you or a loved one suffer from this malignant disease, know your rights. Choose to file a claim with an attorney that can support and guide you through the process and get you the settlement you deserve. Some of the things to consider are:

· Is mesothelioma your attorney’s specialty?

· How much experience do they have?

· How many cases has your attorney represented?

· Of the cases represented, how many were won?

· What were the dollar amounts of each settlement?

· Will your attorney aggressively pursue your claim?

· Do they have the resources necessary to represent you?

In addition to the legal considerations, how well does your attorney know this disease? Yes, it is a medical question, but an attorney that specializes in mesothelioma should know this disease inside out. Not only will it help with your case, but the attorney that knows this disease has the added advantage of compassion and understanding.

· The right attorney will know what you and your loved ones are dealing with.

· The right attorney understands the nature and stages of this disease.

· The right attorney understands the impact on the entire family.

· The right attorney provides personal attention for each client.

· The right attorney knows and empathizes with your anger and frustration toward an industry that robbed you of your health.

Reference: Patricia Woloch

Oklahoma Mesothelioma Lawyers are Who You Need to Help You Now

Oklahoma mesothelioma lawyers specialize in cases dealing with asbestos exposure. You should contact one of these experts, if you are diagnosed with mesothelioma or any associated illness. When you are diagnosed with mesothelioma, you need to contact an experience attorney.

A mesothelioma settlement is the difference between being about to pay those expenses and leaving your family up to their ears in debt. In the case of a mesothelioma injury or in the event you are diagnosed with cancer that is due to being exposed to asbestos you need the best attorneys you can find. Did you know that medical research showed that exposure to asbestos caused illness and cancer? Did you know that this research was done in the 1920's and 30's and yet companies still continued to produce asbestos products and did nothing to protect the employees from these terrible particles? Companies that produce asbestos products without protecting their employees are therefore responsible for this illness among their employees.

Mesothelioma Attorneys are experienced! And when you are diagnosed with this disease you need to find the most experienced Oklahoma mesothelioma lawyers who will aid you with a mesothelioma injury problem. This is the kind of case that has several factors to it. An attorney will need to prove you were exposed to asbestos. This type of illness requires a lot of finances. You want to make sure that your family can continue to live a good life. And this can be an essential part to their security.

Tulsa mesothelioma lawyers will guide you in your case, and help get you justice. Mesothelioma attorneys know what your rights are and they know it is in their best interest to get you the right amount of money in a mesothelioma settlement. After all, the more money you make in the mesothilioma settlement the more money the Oklahoma mesothelioma lawyers make.

When you are touched by asbestos exposure, you should be compensated, after all these companies knew that asbestos was a killing substance, even as long ago as 30 years. The problem is that no one gets sick until twenty or thirty years after being exposed and receiving a mesothelioma injury. Just be sure that you choose the right Oklahoma mesothelioma lawyers to represent your case.

Tulsa mesothelioma attorneys have a deep understanding of the consequences people who are diagnosed with the disease undergo. Ask your prospective attorneys the right questions. Find out the number of cases they have tried as mesothelioma attorneys and what they got for their clients. Find out whether they will try the case themselves or if it will be determined by another firm.

If you or a spouse has been affected by Mesothelioma or have been exposed to asbestos, you need to know your medical and legal options. Taking care of yourself and your family is the #1 priority when you've been exposed to cancer causing agents. Finding an Oklahoma mesothelioma lawyer who can represent you and your family is an important choice. Oklahoma mesothelioma lawyers can see to it you get the information about your options, please visit http://www.mesothelioma-center-inc.com.

Reference: Wilmer Streed

Mesothelioma Lawyers, Mesothlioma Disease, Misothelioma Risk, Misothelioma Support

Mesothelioma lawyers Texas have become very popular since the first case of mesothelioma was detected. Selecting the right Mesothelioma lawyers Texas for your case is very vital as your case will depend on him. Usually the Mesothelioma lawyers Texas are very loyal to such cases and are not fraudulent. It is a profitable business for the lawyers as well. Usually if a case is settled out of court the patient gets $1 million and the mesothelioma lawyers get 40% of it. However, it is more beneficial for the lawyer and for the patients that the case should go to trial because then the patients get $6 million and the lawyer gets 40% of it.

This is the reason why Mesothelioma lawyers Texas today are very keen to find and help a patient suffering from mesothelioma. But it’s not just one way traffic; even for the patients it’s important to select a good mesothelioma lawyer.

Considerations while selecting Mesothelioma lawyers Texas:

Experience:
You should inquire about the New York mesothelioma lawyer’s experience and whether or not he has ever been involved in such cases, if he has then what he made out of it. Also, you can acquire information about how many cases he has settled outside the court and how many cases went to trial.

His decision:
It is very important for you to first give all the details about your case to your mesothelioma lawyer and then see whether he is willing to take your case or not. Forcing a lawyer into such decisions would not be of any use to you.

Charges:
Another important consideration to make and discuss with mesothelioma lawyers is how things are to be handled. How much time will it take to get till the trial and how much time will the trial take itself. Also what will be the charges of the Mesothelioma lawyers Texas whether they will charge a fee or a percent of what they get paid by the company that is sued

Reference: Katie

New York Mesothelioma Rate Among Highest in the Nation

New York City Awarded $40 million in Asbestos lawsuit

New York Jury Awards $16 million to three railroad workers in mesothelioma lawsuit

Lawyers File Mesothelioma Lawsuit for Third Family Member

These are just a sampling of recent headlines about asbestos and mesothelioma lawsuits in the state of New York. The numbers may sound outrageous to those who have never dealt with the realities of watching a loved one die of mesothelioma, or seen the toll that it takes on a family's finances and future. The reality is that the treatments for the deadly disease can easily cost a family hundreds of thousands of dollars a year.

The reality is that hundreds of people are diagnosed with mesothelioma annually. The reality is that the enormous industries that used asbestos knowingly exposed workers to a toxic substance - and hid the dangers from them and from the general public for decades. The very sad reality is that if those companies had made public the things that they knew and provided even the simplest of protections for their workers, thousands of husbands, fathers, brothers, wives and sisters would not have died a painful, ugly death from one of the most virulent forms of cancer known.

What is Mesothelioma?

Mesothelioma is a form of cancer that is caused by exposure to asbestos fibers. It is, overall, a very rare form of cancer, but its incidence rises dramatically among those who work or have worked around asbestos. There have also been cases of mesothelioma among family members of those who worked with asbestos, and among residents of areas where factories and processing plants processed and mined asbestos and turned it into products that were sold nationally and internationally.

What is the basis of mesothelioma lawsuits?

Industry leaders have known since the early 1900s that exposure to asbestos dust often resulted in serious lung diseases. These companies chose to hide the dangers rather than protect their workers and the community from those dangers. Some of the larger companies went so far as to have their employees examined by company doctors and instructed the doctors to withhold diagnoses of lung disease from those who were ill.

Another company rejected a researcher's suggestion that all workers who handled asbestos wear inexpensive paper filter masks because it would be bad for the company image and worry the workers. The history of deliberate neglect to preserve profits is documented in reports, memos, letters and files exchanged among the top executives and decision makers in those companies.

It is this history that is the basis of most mesothelioma lawsuits - that the industry knowingly and willfully ignored the knowledge of danger and put all of their workers at risk so that they could continue to profit from the sale of the dangerous substance. The fact that they knew of the danger and deliberately hid it from the public, their workers and the government makes them liable not only for compensation of medical expenses to those that were harmed, but for punitive damages as well.

Who is affected by mesothelioma?

Mesothelioma has been definitely linked to exposure to asbestos. There is no other known cause, though there are certain factors that can increase the risk of developing mesothelioma. Workers on job sites that handled asbestos in high quantities are most at risk, but there have been cases of mesothelioma traced back to a limited, even single, exposure to asbestos dust. New York has a high concentration of those industries, and many of the companies that manufactured products made with asbestos are located in New York, and for that reason, there is a high concentration of mesothelioma cases in the state.

If you worked at a New York shipyard, power plant or construction site at any time through the 1970s and early 1980s, it's very likely that you were exposed to asbestos dust. If your job involved working with cement pipes, wallboard, insulation, brake shoes, elevator brake shoes, fireproofing materials, fire curtains, adhesive compounds and many other products used in the construction industry, you may have been exposed to asbestos. If a family member worked in any of those industries or with those products, you may have been exposed to asbestos.

What are your rights in a mesothelioma lawsuit?

If you have been diagnosed with mesothelioma or another asbestos-related disease, you can bring a legal claim against those who were responsible for your exposure. Contact a top mesothelioma lawyer in New York today to discuss your case and the options available to you.

Reference: Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522

Mesothelioma Legal Help

For individuals stricken with asbestos related mesothelioma, there may be substantial compensation available if they act quickly to engage an experienced mesothelioma lawyer who is proficient in asbestos legal issues and proving asbestos exposure. Most often mesothelioma lawsuits end up with a settlement without ever going to trial or even into a court. In our experience, this is the preferred scenario for most families with a mesothelioma case.

Since the only known cause of mesothelioma in the United States is asbestos, the key to a successful case is proving exposure to the product(s) responsible for the injury. That is why you need to hire an experienced asbestos related disease attorney.

This is not to say that the asbestos industry will simply give away any money. The large corporations that we routinely go up against will hire some of the best attorneys that money can buy to defend and delay against paying compensation to you. This is why retaining an experienced mesothelioma lawyer with a background in this type of case can help you and your family get the asbestos settlement or verdict you deserve.

Coady law firm attorneys have represented many hundreds of clients stricken from asbestos related mesothelioma with compassion, diligence and success. They began their works in mesothelioma case 25 years ago, and they are still hard at it today.

Why you are entitled to compensation:

For centuries there has been increasing evidence that asbestos caused respiratory diseases in humans. By the 1930s, the asbestos industry was selling millions of dollars worth of asbestos insulation. Asbestos, a mineral that was plentiful and inexpensive to use, was an effective insulating material. It was used in all sorts of insulations-pipecovering, cement, gaskets, blankets, building materials, automotive products and other various uses.

Around this time, the asbestos trade associations and industry giants began to fund scientific studies to prove that asbestos was safe, but their scientists came to the opposite conclusion. They found asbestos was a highly toxic carcinogen which caused respiratory illnesses, including cancer, in laboratory animals and, it was believed, in humans.

Faced with this evidence, the asbestos industry did not warn users of the health risks, or take steps to prevent harm. Instead, they covered up this evidence and continued with business as usual. Scientific reports were edited and modified, test results were altered or destroyed, and funding for this research was stopped. The asbestos industry then embarked on a campaign to keep the information from reaching the general public. Manufacturers of safer, non-asbestos insulations were bought out by the asbestos industry giants, stifling competition and safeguarding the cover-up.

Through the tireless efforts of some of those pioneering scientists, the United States government finally realized the hazards of asbestos, and began a slow campaign to curtail, and ultimately, prohibit, its use in the United States.

When to contact a Mesothelioma Attorney:

It is important that you contact us as soon as possible upon learning that you or a loved one has been diagnosed with an asbestos-related cancer for three reasons. First, all states have a statute of limitations in which you must file your case, which often starts running at the time of diagnosis. Your case needs to be filed before that time has expired otherwise compensation may be barred. Second, a case in which the plaintiff is alive is often set for trial more quickly because those cases get priority in most jurisdictions. Third, the person with the disease is usually the best person to establish their exposure history, which is often essential information for a successful settlement.

Reference: Luis Montalvo

What Is Mesothelioma? The Answers You Need

Mesothelioma is a highly-aggressive type of cancer that develops in the tissue that lines and protects the lungs, stomach, heart and other organs. That protective tissue lining is called the mesothelium, hence the medical term for this type of cancer - Mesothelioma.

The vast majority of the time, Mesothelioma develops as a result of an individual having been exposed to asbestos. Most of the people who are diagnosed with Mesothelioma have inhaled it or were exposed to asbestos dust or fibers through contact with clothing that contained the particles. The majority of prognoses are the result of individuals who worked in asbestos factories or other facilities that utilized asbestos-based compounds during the 1940s and mid-century when the hazards of it weren’t known – the symptoms can lay dormant for up to 50 years. Mesothelioma diagnoses are more common in men than women, but can affect both genders.

When cancer cells are present in the mesothelium, if extensive and especially when untreated, the membrane will start to break down and the cancer will spread from the origin spot to other areas of the body. Symptoms include coughing, chest pain, weight loss and abdominal swelling. However, diagnosing Mesothelioma can often times prove difficult because its symptoms resemble those of several other types of illnesses. Alerting a physician to having a previous history of asbestos exposure is very helpful in making a prognosis. Depending on the stage of the disease, treatment can include surgery, chemotherapy and radiation.

There is compensation available if you or someone you know is suffering or has passed away due to Mesothelioma-related cancer. Even if the company responsible for the asbestos exposure is no longer in business, there have been funds set aside to pay damages to individuals or the families thereof. An online search for attorneys in the field of Mesothelioma lawsuits will help you locate assistance.

Reference: James Wills

Mesthelioma Legal Questions And Answers

1-I have been diagnosed with mesothelioma. Should I see a solicitor?
Yes, if at all possible, as medical specialists have found out that approximately 95%
of all mesothelioma cases are caused by exposure to asbestos (usually in
the workplace) and, more often than not, someone else (be it an employer,
factory owner, or asbestos manufacturer) is to blame. Often people say
“but, no one knew of the risks in those days; it was so long ago”, and put
off the idea of taking legal advice, assuming nothing can be done. In
actual fact, more often than not, there is a legal remedy, even if an
employer has apparently ceased to exist. Therefore, it is unsafe to assume
that no legal action can be taken.

2-Do I need to see a solicitor immediately?
Depending on the treatment you are receiving and how you are feeling, it
is advisable to take legal advice as soon as you possibly can as there are time
limits for all personal injury claims. As a general rule a court action
(“proceedings”) must be started within 3 years of the diagnosis (or from the
time you first suspect that you are suffering from an asbestos related
disease). Although the Court has a discretion to set aside the 3 year
“limitation period” (as it is called), technically your claim would be time
barred if you did not issue proceedings within the 3 years. In any event,
given the poor prognosis, most people do not want to delay taking legal
action. Since the civil justice system was reformed in 1999, claims do not
tend to take as long as they did, but it is still possible to have a claim
“expedited”, if the medical evidence suggests that someone’s life
expectancy is very limited.
3-Can I seek the services of any solicitor?
Most solicitors now tend to specialise; the days of the “general practitioner”lawyers
are long gone. Even so, regrettably, some solicitors who are not
experienced in this particular field do take on mesothelioma claims and
that can have terrible consequences, especially as most employers’
liability insurance companies (on the other side) instruct specialist firms to
defend such claims. In that situation,you will be at a great disadvantage because it would not be a level playing field.
Therefore, it is always sensible to seek out a solicitor who specialises in
asbestos related disease litigation. The Law Society{tel no 0870 606 2555} in london has a list of specialists and so do various victims of asbestos support groups (for example OEDA andClyde
Action on Asbestos). Before instructing a solicitor,you should ask about his/her qualifications and track record. For example, are they a member of the Law Society’s Personal Injury Panel and/or the College of Personal Injury Law (CPIL). How many asbestos related disease cases
have they successfully concluded within the last 3 years? Is the person
you are dealing with a qualified solicitor?
Will it cost me a lot of money?
Although Legal Aid is now rarely available for personal injury claims, the 3
main funding options are:
• Conditional Fee (“no win: no fee”) Agreement
• Trade Union funding
• Legal expenses insurance
As a consequence of changes introduced by the Access to Justice Act
2000, pursuing a personal injury compensation claim should not cost you a
lot of money. Most (good) solicitors offer a free initial interview, even if a
home visit is required (as is often the case). The solicitor should then
discuss the various funding options at the outset, before any claim is
intimated. If you are in a trade union/professional association, or have
legal expenses insurance cover, then you may not have anything to pay,
subject to the terms of the union agreement, or legal expenses insurance
policy. If your solicitor is prepared to take the case on a “no win: no fee”
basis, then you may have to pay a one off insurance premium (which is
recoverable in the event of a successful claim). However, the insurance
cover will protect you against the risk of having to pay the other side’s
costs in the event that the claim is lost or discontinued (provided court
proceedings have been started). If you are successful, then the opposing
party/insurance company will pay the claimant’s basic legal costs and also
a “success fee”* in addition. Following the introduction of the new rules,
relating to costs, claimants are now in a much better position than they
were and you may not have to pay anything at all if the solicitor operates a
“no cost to you” policy. However, be aware that some firms/organisations
offering “no cost” policies/deals may not necessarily have the relevant
expertise, as they mainly deal with “fast track” (low value) personal injury
claims. Industrial disease claims are complex and require skillful handling.
[*This is the lawyers reward for taking the case on and facing the
possibility that he/she will not be paid anything at all if the case is lost] 18
4-Will I have to show up in court?
Most likely not, as most personal injury claims are now settled, either before court
proceedings are commenced, or before the final hearing (trial). A very
small percentage of claims (about 1%) are assessed by a judge (at the
trial stage). Therefore the chances of you appearing in court are slim, but
not impossible. Your solicitor and legal team will explain the court process
to you and, if there is a prospect of you having to give evidence in court,
then you will be well prepared and well supported.
5-I am in a Trade Union/professional association - can they help me?
Very often, yes. It is a legal requirement that all the various funding options
should be explained to you at the outset and, if there is a possibility that
your membership organisation may fund your case, then that option should
be explored. However, many trade unions, for example, are not prepared
to provide legal aid/financial assistance if a person has ceased to be a
member of that trade union, or if the relevant exposure (to asbestos) took
place before they joined the union. Many former trade union members are
therefore disenfranchised to that extent. However, with the advent of
conditional fees, you should not be placed at any disadvantage, provided
you can find a solicitor who is prepared to take on your case on a “no win:
no fee” basis.
5-My relative died recently with mesothelioma - can i still take legal action?
Yes you can as it is not too late as a claim can be brought by the
executors/administrators of your partner’s/relative’s estate. Compensation
can be claimed for your relative’s pain and suffering and any financial
losses which they suffered as a result of their illness, so it is still worth
seeking legal advice. There may also be a claim by the surviving
spouse/partner for bereavement damages and their reliance on the
deceased person’s income and contribution to household maintenance.


6-My partner has mesothelioma and is extremely ill and may die soon.
Can we delay seeing a solicitor?
Although it is very important to obtain an explicit witness statement
from the person who is suffering from mesothelioma, that is not always
possible if the sufferer is extremely ill when the link with asbestos is first
made. If that is the case, then the presence of a solicitor may be
unwelcome. However, any handwritten notes or diary entries, which may
be relevant, ought to be preserved, together with any work records (for
example - deed of apprenticeship/indentures etc). The family can often
give important evidence even though it is “indirect”. However, there is no
real substitute for the direct evidence given by the mesothelioma sufferer,
him/herself. Their recollection of events is likely to be the most accurate. It
is also worth making a note of the names and addresses of any former
work colleagues who may be able to give evidence about the sufferer’s
exposure to asbestos.
7-I have been told that I most likely have mesothelioma and I have
exposed myself to asbestos in the past. Should I see a solicitor even though
the diagnosis is not 100% certain?
Mesothelioma is a notoriously difficult illness to diagnose accurately and
even though there may be a clinical diagnosis, the doctors cannot always
be 100% certain. Civil claims for damages (compensation) only have to be
proved on the balance of probabilities (i.e. more likely than not) and
therefore if the medical evidence states that it is likely that you are
suffering from mesothelioma, then you should see a solicitor who may still
be able to investigate a claim. Remember that the limitation period starts
at the time when someone has a reasonable suspicion that they are
suffering from an asbestos related illness, not from the time when a 100%
diagnosis is made and so, from that point of view, it is wise to take legal
advice promptly and the solicitor should then advise on the appropriate
steps to be taken.

Mesothelioma Support – You Are Not Alone

Your days aren't numbered, that's for sure. With the help of Mesothelioma support, you can prolong your existence in the face of the fatal mesothelioma cancer.

Mesothelioma is a lethal cancer of the pleural lining of the lungs, mainly due to exposure to asbestos. This disease has an incubation period of 20-30 years and often people die with inadequate medical and financial assistance. Nowadays, mesothelioma support has a sure remedy for you.

An early diagnosis increases the possibility to have a longer life; so contact your doctor if you show the symptoms such as chest pain, trouble in swallowing, nausea, feeling out of breath always, increased platelet count (greater than 400,000/mcL) and have a history of asbestos exposure.

There is still a lack regarding the knowledge about mesothelioma cancer; for the ill-fated ones, there is possible mesothelioma support that can look after your rights and possible financial assistance additionally.

Services that support

Mesothelioma Support services are to be had at major cancer centers and the patient has to speak with his or her family and seek help from clergy, friends, and institutions concerning the availability of educational materials, telephone support, personalized medical information, online discussions, message boards, and individual consultation with trained counselors.

A legal counseling along with aid from housing, utilities, transportation, accurate medical treatment, pharmaceutical supplies and services should be the prime motto of mesothelioma support.

Support from the family is vital so that all adults should have a will and other necessary paperwork in place, craft a budget, and check cash flow, which can be looked after with the help of the Licensed Certified Financial Planners and Hospital Billing Representatives who will help on insurances.

Mesothelioma support can also be given from

- Bankers and Bank Trust/Loan Officers who will be able to lend money.

- Social Security/Medicare/Medicaid Representatives: They may lend a hand in giving additional sources of income and cover certain hospital payments or prescription costs.

- Attorneys who can often pull through noteworthy compensation from the Asbestos issues, guide while making a will and arrange healthcare powers of attorney and other key papers. A good lawsuit will give you the chance to win more easily.

New vistas

You should stop feeling emotionally frustrated and alone - there are many mesothelioma support groups that can help you build up your confidence. Some are:

- Association of Cancer Online Resources (ACOR)

- Alliance for Lung Cancer, Advocacy, Support and Education Support Groups help you to ease a bit.

- Alliance for Lung Cancer, Advocacy, Support and Education Support Hotline for mesothelioma support.

- American Institute for Cancer Research (AICR) Cancer Resource that has a free information program to lend a hand to the isolated cancer patients and let their families understand more about cancer, its dealings and the resources accessible to help them in beating this disease.

- Cancer Care Counseling proposes free professional counseling individually or through professional mesothelioma support groups both online and individually.

- Cancer Information and Counseling Line (CICL) has a national toll-free telephone information line intended to assist people with cancer and their families.

- An online community called the Cancer Survivors Network is planned for cancer survivors and their families and friends.

- Gilda's Club, Inc provides emotional support to the mesothelioma patients.

- Hospicelink is an independent, charitable organization, giving news on hospice and soothing care guiding through likewise programmes.

- I Can Cope is a mesothelioma support made under American Cancer Society that offers several courses that are considered to help participants to handle with their cancer experience by increasing their information, positive outlook, and skills.

- Stories of Hope that is an inspiration to the people to fight the disease.

Don't hesitate to take these mesothelioma support programmes, they are designed for your betterment.

Around 2,500 to 4,000 patients, yearly, are diagnosed with mesothelioma and asbestos-related diseases in the U.S, so the mesothelioma support seeks to give you a full support. Information is power - get it and see how the problems cease to exist

Reference: Fred Lindell

Help and advise For Mesothelioma Victims

Mesothelioma
Almost everyone who develops mesothelioma has been in contact
with asbestos. Mesothelioma is a type of cancer that grows in the
lining of the lungs or abdomen, and it can take many decades for the
cancer to appear. The main symptoms are chest pains or
breathlessness.

People who have worked with asbestos or material containing
asbestos - for example, insulation engineers, shipyard workers,
maintenance workers and building workers - can be affected by
mesothelioma. But workers in many other industries may have also
been exposed to asbestos, but not remember being exposed to it, so
they may be asked for a thorough work history. People who have
come into contact with asbestos from washing contaminated clothing,
or living near asbestos factories may also develop mesothelioma.
There is no cure for mesothelioma at the moment, although there are
treatments available that can help to control the symptoms and
improve quality of life. The kind of treatment offered will depend on
individual circumstances and how advanced the cancer is.

Help and support
Every person diagnosed with mesothelioma will need support and
help. Many may find it hard to accept their diagnosis, while others will
feel angry and bitter, as may their relatives and friends. It is important
that anyone diagnosed with mesothelioma has access both to
information about their illness and treatment and to emotional
support, including someone to talk to when they feel ready. You can
find a list of specialist organisations that may be able to help at the
end of this article.

Benefits and Compensation
If you are diagnosed with mesothelioma you may be entitled to social
security benefits and compensation from employers, or both. You can
get information about benefits and compensation from the
organisations listed at the end of this leaflet. Some important benefits
are mentioned below.

Types of benefit
If you develop mesothelioma through coming into contact with
asbestos as a result of paid employment, you may be entitled to
Industrial Injuries Disablement Benefit. This can be paid very quickly
and you should make a claim as soon as possible so that you don’t
lose out on benefits you may be entitled to. If you were exposed to
asbestos while you were serving in the armed forces rather than in
other employment, you can make a claim for a war disablement
pension from the Veterans Agency instead. Other allowances, such as
Constant Attendance Allowance may also be paid if you receive any
of these benefits. If you have mesothelioma you may also be entitled
to a lump-sum payment from the Government under the
Pneumoconiosis etc. (Workers’ Compensation) Act 1979 or, in
Northern Ireland, the Pneumoconiosis etc. (Workers’ Compensation)
(Northern Ireland) Order 1979. Whoever you consult about benefits,
you should always ask about a payment under the 1979 Act or Order
and Industrial Injuries Disablement Benefit.

Other Benefits
If you need help with personal care or have difficulty getting around
because of your illness, you may be entitled to claim Disability Living
Allowance if you are under the age of 65 when you claim. If you are
over 65 and need help with personal care because of your illness, you
can claim Attendance Allowance. Special rules can apply to these
benefits to make sure you get your entitlement more quickly and
easily.
If you receive Attendance Allowance or Disability Living Allowance,
and have someone helping to look after you, they may also be
entitled to claim a Carer’s Allowance. Other benefits may also be paid
to replace or top up your earnings and help with housing costs. It is
important to get expert advice about all these benefits.

Compensation
If your mesothelioma is likely to have been caused by you being
exposed to asbestos at work, you may be able to claim compensation
from your employer, or from several employers, by suing them for
negligence. If your mesothelioma is likely to have been caused by your
clothing being contaminated or you being exposed to asbestos in the
environment, you may also be able to claim compensation from the
relevant firm. This is a very specialised area of law and you should get
advice from a specialist solicitor who will know how to deal with a
claim and make sure it is dealt with as quickly as possible.

If you have mesothelioma and you are a union member, or you were
when you worked with asbestos, your union may be able to refer you
to an experienced solicitor. If not, a local Asbestos Victims Support
Group, if one exists in your area, will be able to give you advice about
which expert solicitors to consult. The Association of Personal Injury
Lawyers have a list of experienced asbestos solicitors and the Law
Society, or the Law Society of Scotland, or the Law Society of
Northern Ireland, will be able to give you a list of solicitors in your
area.
Because you may have been exposed to asbestos several decades ago,
your employer may no longer be in business. This does not mean that
you cannot make a claim, as the solicitor may be able to claim against
the employer’s insurer.

Sources of help, advice and support
• Mesothelioma UK (the National Macmillan Mesothelioma Resource
Centre): 0800 169 2409
• Cancer BACKUP: 0808 800 1234
• British Lung Foundation helpline: 0845 850 5020
• Department for Work and Pensions benefit enquiry line 0800
882200, Textphone 0800 24 33 55
• Forum of Asbestos Victims Support Groups: 0161 636 7555
• Association of Personal Injury Lawyers: 0870 609 1958
• Law Society: 0870 606 6575
• The Law Society of Scotland: 0131 226 7441
• Local Citizens Advice Bureau, Veterans Agency, Welfare Rights
Organisations and Trade Unions can be found in the phone book.
• Veterans Agency 0800 169 2277, Textphone 0800 169 3458
• http://www.direct.gov.uk/disabledpeople
In Northern Ireland
• Department for Social Development – Benefit Enquiry Line –
Freephone 0800 220674
• http://www.dsdni.gov.uk
• AdviceNI - 0845 345 4345
• Justice for Asbestos Victims – 028 90783923/ 028 90731224
• Law Society of Northern Ireland - 028 90231614

Reference: Department For Works and Pensions

When Do You Need Mesothelioma Attorney

Mesothelioma is a type of preventable cancer that is caused by inhaling the dust or particles of the deadly mineral Asbestos. The symptoms range from shortness of breath, chest pains, and persistent cough in the early stages to abdominal pain, swelling and tumors growing in the tissues that surround the heart and if left untreated could cause death within 24 months.

It has a long latency period in that the symptoms of the disease can take many years to manifest, making both diagnosis and effective treatment very difficult. Therefore, people who worked with asbestos industry perhaps thirty or forty years ago are only now being diagnosed with this disease.

Many employers and manufacturers knew about the dangers of asbestos when they exposed employees to this material, but deliberately kept quiet and as the effects of this exposure are coming to light, these companies are being forced to pay out millions to sufferers. As more cases of Mesothelioma are reported, a wide range of lawyers and law firms have started to specialize in Mesothelioma law suits to get victims and their families the compensation they deserve.

Choose an attorney immediately after diagnosis, because there is a time limit set with regards to how long you have to take action against the Company. This varies from State to State and failing to adhere to this could render your case ineligible.

Look only for those experienced in dealing with Mesothelioma lawsuits as they will have the resources and contacts to deal with your case quickly and efficiently. You can search the Internet for a suitable attorney as this will enable you gauge how much experience each lawyer had in dealing with these lawsuits.

You need to discuss your case with your Attorney threadbare who will then evaluate your case and provide you with the options like whether you should pursue your case and if so which direction to take it in. as he should present a water-tight case.

Many attorneys will arrange for out of court settlements with substantial compensation payments, wherein you will not have to pay your attorney since a percentage of the compensation claimed will be collected by the attorney as contingency fee. And if they are not successful in getting compensation then you do not have to pay anything.

Even when the symptoms do become evident, they are so generalized and non-specific that they could be put down to any number of more common diseases which makes it difficult for your attorney to prove that it indeed was Mesothelioma and so also you could be unsure of when and where you were exposed to asbestos and your attorney will need to hire someone to look into this.

Reference: Namsing Then

Mesothelioma - Things You Need To Know

Mesothelioma is a rare form of cancer which occurs when asbestos are inhaled and absorbed into the bloodstream leading to a cancerous coating on the internal body organs of patients. There has been much controversy on the subject recently as many lawsuits are being filed on the behalf of patients with this disease.

Currently, the average settlement in Mesothelioma related lawsuits is over $1 million. Signs and symptoms of the disease include among other things, shortness of breath and rapid unexpected weight loss as in patients with Mesothelioma, nutrients in the blood stream cannot be always be absorbed resulting in malnutrition and weight loss. Other common symptoms include pain in the chest as well s in the abdominal region.

After the discovery that asbestos was tied to numerous cases of lung caner and Mesothelioma, the removal of asbestos that had been used in houses and other buildings became common. This was procedure proved to be difficult because anyone in the building at the time of removal had to be relocated and the surrounding atmosphere had to be contained as to not allow the removed asbestos be released into the air.

Along with the removal of asbestos a gargantuan amount of lawsuits were filed against owners of buildings and producers of the insulating asbestos causing many companies to declare bankruptcy. Even to this day, many cases of asbestos are being reported and the development of treatments to the illnesses such as Mesothlioma causes are being created.

At this time, there is no treatment that will allow Mesothelioma patients to fully receiver from this disease; however, there is much attention on this subject and thus medicines and other treatment options are being developed to help cure the disease. Currently, the primary form of treatment is surgery, although success rates are very low. Mesothelioma is a disease gathering much news in recent months and look for new treatment options as well as law suits to be filed in the coming months and years.

Reference: Ron Swerdfiger

What Are The Symptoms Of Mesothelioma?

The term “Mesothelioma” in medical terms is defined as form of cancer that proliferates at a very fast rate after it has been diagnosed, which affects the mesothelial cells in the body. After detailed study of this disease by several scientists all over the world, it has been concluded that in most of the cases the reason is the direct contact with loose asbestos particles.

This disease is generally known to be derived from an abnormality that arises from inhaling the loose asbestos particles suspended in the air for a very long time. The chances of the patients, diagnosed of mesothelioma, have very bleak chances of survival which is not more than one or two years and if it has been detected long back and rigorous medication has been started on the patient then the patient is likely to live for about five years.

There are three types of mesothelioma but the symptoms of the diseases depend on their kinds. The symptoms vary from one-another but the general symptoms that are found in patients suffering from different types of mesothelioma are weight loss, chest pain, loss of appetite, short breath, plain cough and cough with blood. Diagnosing mesothelioma in its initial stages is not possible because symptoms surface very late and that, these symptoms are no special signs indicating the particular disease but are common for other diseases too.

Generally the symptoms of mesothelioma resemble to that to any other normal lung diseases. Most of the symptoms arise in the lungs, where the mesothelial cells covering the lungs and the cavity between them are affected due to prolonged inhalation of asbestos fibers. Consulting with the physician is very necessary from time to time and necessary test must be conducted to detect the disease.

The main symptom of mesothelioma is a constant pain in the chest which is followed by short breaths and difficult breathing because of accumulation of fluid in the chest, which makes breathing all the more difficult. Some of the other symptoms of the disease include abnormalities in the lungs, which can be diagnosed under proper supervision of the doctor with a chest CT-scan.

Basically, the disease of mesothelioma advances in four stages. In the first stage, begins the formation of the tumor in the area of lining of the lung and doesn’t exceed from one side of the lung. And then in the second stage the tumor extends to other organs in the chest cavity, such as heart. Then in the third stage its extents to the other abdominal organs affecting all the other organs too. Finally in the fourth and the last stage the tumor extends to all parts of the body and affects all the parts adversely. These are some of the symptoms of the disease of mesothelioma, by which the disease can be tracked in the initial stages of its occurrence.

Reference: Marcus Schroefel

Mesothelioma Information

Mesothelioma in itself is one of the deadliest diseases ever to have been discovered by mankind. Medically, Mesothelioma as a word itself means a tumor that is more likely to transform in a fast proliferating cancer which affects the mesothelial cells of an organ, which form the protective thin covering over the organs like heart, lungs and abdomen.

Whatever is the verbal definition given out to this deadly disease, but those can never for sure weigh the deadliness of this fatal disease. It is an absolutely fatal disease which has taken many a people into its deadly grip. The maximum period of survival after the disease has been diagnosed, has come to the most of a year or two. It is worse form of cancer which is not curable. However, recent studies have suggested that if the disease can be diagnosed at a very early stage then the life of the individual who gets affected by this deadly disease, can be stretched till at the most of 5 years. The treatment of this disease is very expensive but the treatment doesn’t assure life but a few more days, to procure the huge lump-sum required for the treatment, people also file lawsuits to cover the huge incurring expenses for the treatment.

The main cause of mesothelioma has been detected as to the prolonged exposure to asbestos. Most of the patients that have been diagnosed with the disease, had acquired the disease cause of prolonged exposure to asbestos. The statistics of the mesothelioma patients has revealed the connection between the asbestos and the dangerous cancer syndrome.

And usually this disease is found to affect people and workers who work in industries. Usually, industries use asbestos as an imperative input for carrying on different processes; it is being used in factories, automobile, shipyard and construction. Direct exposure to loose asbestos fibers can develop the symptoms of mesothelioma, but the infected cells can remain dormant in the body for a long period of about 15-20 years.

But the worst part of the disease is the fact that this disease generally gets detected in older days i.e. at the age of 50-60 years and also mostly in the last stage. Thereby, reducing the chances of the individual’s recovery. So this is very necessary that people who are likely to take in much asbestos particles should be scanned regularly for any symptoms of mesothelioma.

Government policies have empowered the mesothelioma patients to claim for compensation. They can file lawsuits with the help of their attorneys for claiming such compensation. The mesothelioma victims can sue the company in which he had been employed into, for not being socially rational, but being more inclined towards the flowing profits, and not undertaking any steps to slacken the use of asbestos or using in a more protective way which has resulted in endangering the lives of the employees.

Reference:Marcus Schroefel

Why There Are So Many Mesothelioma Lawsuits

Asbestos is a naturally-occuring fibrous mineral of metamorpic hydrous magnesium silicate. The term "metamorphic" is used to describe a process of extreme heat and pressure which creates specific secondary patterns of minerals with new chemical and/or physical properties. As the primary rock is heated and recooled, silicate crystals align in long rows of mineral fibers, which easily separate into tiny shards thinner than a human hair. Asbestos fibers are not a health risk as long as they are undisturbed. However, when asbestos is undergoes natural weathering, or is mined and processed, the microscopic particles waft into the air and cause disease if they are inhaled.

Asbestosis occurs when an inhaled asbestos particle irritates the body's natural defence mechanisms, causing inflammation and scarring which eventually restricts lung function. Mesothelioma is a malignant tumor of the membranes surrounding the heart, lungs and abdominal cavity. Asbestos can also cause cancer of the mouth, throat, esophagus, larynx, stomach, lung and lymphoid tissue.

Asbestos exposure can also cause non-fatal illnesses such as asbestos warts, caused when asbestos fibers are lodged in the skin, causing lumps of scar tissue to form around the irritant in the same manner as they do in the lungs to cause asbestosis; pleural plaques, discrete, sometimes calcified fibrous lesions which can be seen on X-rays but are too small to cause breathing impairment; and diffuse pleural thickening, which can cause breathing impairment if it is extensive.

Due to its fire resistant properties, asbestos has been used historically for household and industrial purposes. It has been found woven into burial cloths in ancient Egypt, and Charlemagne reportedly had a tablecloth made of asbestos which he would throw into a fire to clean.

In World War II asbestos was considered so important by the War Department that it was considered a strategic material, and many American workers were exposed in the World War II boom in shipbuilding. After the war, it was widely used in the construction industry.

In modern Western society, it was used for such diverse purposes as lamp wicks, brake shoes, oven insulation, electrical hotplate wiring and home insulation, roofing and flooring. For instance, some kinds of vermiculite used in home insulation into the 1970s contained asbestos. The EPA banned this product in 1977.

When a home owner discovers asbestos in an old home, it should not be a cause for immediate panic. If the asbestos looks intact and is not pulverized, it is best to leave it alone. However, because of legal liability, schools and businesses containing asbestos usually must undergo a costly removal process, hazardous in itself because disturbing the stable asbestos product causes fibers to fill the air. Special equipment must be used to insure that the removal process does not cause health problems where non existed before.

Most industrialized nations have reduced or banned the use of asbestos for at least 30 years and now use fiberglass or woven ceramic fiber as a substitute, but since asbestos-caused disease has a latency period of up to 50 years, patients are still presenting with these illness today. Every year in America, approximately 3000 new cases of mesothelioma are diagnosed, and 550 deaths occurs due to asbestosis. According to the March 1991 Report of the Judicial Conference Ad Hoc Committee on Asbestos Litigation, asbestos exposure has caused the deaths of approximately 200,000 to 265,000 Americans.

Asbestos use peaked in the United States in 1973, when 1 million tons of the material were used. The EPA attempted to institute a complete legal ban on the use of asbestos products in 1989; however, this ban was largely eviscerated by the US 5th Circuit Court of Appeals in 1991, and some restricted use of asbestos, albeit in fewer products than than before, resumed. Therefor, even today some workers are being exposed to this toxic material.

Asbestos is a serious continuing concern to the Environmental Protection Agency, and their website has detailed information on asbestos and its removal.

Concerns about the health risks of asbestos exposure date back to 1898, when the Chief Inspector of Factories of the United Kingdom reported to Parliament in his Annual Report about the "evil effects of asbestos dust". He noted that the "sharp, glass like nature of the particles" when allowed to remain suspended in the air, "have been found to be injurious, as might have been expected". In 1906 a British Parliamentary Commission confirmed the first cases of asbestos-related deaths in Bristish factories and called for improved ventilation and other safety measures. In 1918 an American insurance company produced a study showing premature deaths in the asbestos industry in the United States and in 1926 the Massachusetts Industrial Accidents Board processed the first successful compensation claim by a sick asbestos worker.

Today, lawsuits claiming compensation for asbestos-related illnesses are a growth industry in the legal profession. An internet search of "mesothelioma lawyer" yields 1,910,000 results. The original manufacturers of asbestos products have long since been driven into Chapter 11 bankruptcy; plaintiffs have now turned to suing corporations with peripheral connections to asbestos products. More than 70 American corporations have filed Chapter 11 bankruptcy in due to asbestos liability claims.

Since the 1970's, approximateley 6% of all lawsuits filed in American courts have been asbestos-related. The lawsuits now facing the courts have been described as "an elephantine mass" by the US Supreme Court, and are expected to cost between 200 to 275 billion dollars to settle. Asbestos liability is one of the largest issues facing the global insurance industry today.

Most epidemiological studies expected the number of lawsuits to peak in the 1990s, but this has not occurred, either because of the long latency period of asbestos-related diseases, or because legal action is becoming more popular among asbestos-exposed members of the public due to high-profile legal cases and widespread advertising by attorneys who specialize in such cases.

Many complaints have been made by representatives of industries facing lawsuits and the insurance companies who will be expected to pay them that the asbestos-lawsuit industry is rife with fraud, with less that half of all payouts reaching the plaintiffs. Aggressive, ambulance-chasing lawyers are said to exaggerate medical disability and coach clients on their testimony.

The group of plaintiffs includes not only ill people, but also those who have merely have a history of asbestos exposure and want compensation for potential future health risks. According to the American Academy of Acturaries Mass Tort Work Group, more than 100 million Americans have been exposed to asbestos in their workplace during the past century.

Reference: Schipper

Mesothelioma Lawfirm-How to choose the best one for you

The law firm handling your mesothelioma case should be good enough to suit
your needs. The law firm’s ultimate goal should be, winning the case for you. The
reason for your choice of a law firm should be done keeping in mind that the
lawsuits take a long time in getting resolved and that getting justice is a tough task. A lot of expenses and time may get involved in the proceedings of the lawsuit.


When you are affected by mesothelioma and you decide to go for a
mesothelioma lawsuit that may help you in getting a compensation for your
condition, the choice of a good law firm is very essential. A good mesothelioma
law firm will ensure your chances of winning the case. Your mesothelioma law
firm should be able to get that you justice you deserve. It shouldn’t make the law
suit a cumbersome and expensive task. Make sure that you explore all the
possible options before you sign your contract with any of the law firms.Do not be in a rush ,take you time to make your choice.

The smaller and the larger law firms are the two kinds, which handle
mesothelioma lawsuits. Bigger law firms are the ones, which have been handling
mesothelioma cases from a long time. Therefore they have experience on their
side.
Their cases include cases related to asbestos exposure and other kinds of
cancers. The cases taken up by the larger firms are against the asbestos
manufacturers and they have been fought for groups, so, it is possible that the
smaller or individual cases like yours may get side lined.

When a larger law firm handles your mesothelioma case, the chances of getting
individual attention do look poor. The inventory involved in a smaller case like
yours will not be advantageous for the law firm. Finally, the mass-settlements
already made by the law-firms with the asbestos companies will not be beneficial
for your case.

On the other hand, the smaller law firms handling the individual malignant
mesothelioma cases are newer. The attorneys appointed by them can be new as
well as experienced. So, you get a choice. They will be able to give you special
attention as well as specialized lawyers to handle your case. Most of the
mesothelioma law firms, which are smaller, will give priority to your case, with the
help of the specialists on their side.

The smaller law firm will be exclusively working on the individual cases of
mesothelioma or other cancers. Their exclusivity and ability to handle cases for
individuals as well as their families, gives them an edge over the other law
firms. Another advantage in this is, because of the selective number of cases
these law firms take, your chances of winning get brighter. Their selectivity and
focus is a determining factor in your lawsuit.

The smaller firms have enough time to focus on your case, as they do not have
thousands of cases to take on. Smaller law firms can easily investigate a
complex case of asbestos exposure that requires a lot of research.
This means that depending on your stage of mesothelioma and the case that you
wish to put up, the selection of a law firm becomes very crucial. It is they, who
represent you and your chances of winning or loosing depends upon them
completely.

In case, you are not satisfied with the available choices, you can always look for
better representation and keep exploring.

Mesothelioma Lawsuits:
Which One Should I Opt For?
More often than not, the asbestos industry is the target of Mesothelioma lawsuits.
Mesothelioma lawsuits can even turn out into million dollar settlements. Surviving
family members of a patient who passes away initiate at times Mesothelioma
lawsuits. In cases where the patient happened to be the sole wage earner for the
family, Mesothelioma lawsuits assume greater importance.

More often than not, the asbestos industry is the target of Mesothelioma lawsuits.
Mesothelioma lawsuits can even turn out into million dollar settlements. Surviving
family members of a patient who passes away initiate at times Mesothelioma
lawsuits. In cases where the patient happened to be the sole wage earner for the
family, Mesothelioma lawsuits assume greater importance.

If you intend to file a Mesothelioma lawsuit on an asbestos company, it is
advisable to get familiar with Mesothelioma lawsuits to decide on the one that
suits you best. Mesothelioma lawsuits can be of two types. The first is when the
person afflicted with Mesothelioma is still alive and files the lawsuit as a plaintiff
in one’s own individual capacity. In the second type, the Mesothelioma patient
has died and the plaintiff is the spouse, a relative or representative of the
deceased victim’s estate.

The process involved in filing a Mesothelioma lawsuit can be a long drawn one.
Anyone who has recently been diagnosed with an asbestos related lung cancer
is eligible for filing a Mesothelioma lawsuit. This earns you the right of recovery
against the company involved to compensate for the treatment costs and the
pain and hardships endured.

Following a diagnosis of Mesothelioma, your case needs to be filed within the
statute of limitations. This refers to the time duration during which a lawsuit has
to be filed after a claim arises. When it’s a personal injury lawsuit, the statute of
limitations to file a Mesothelioma lawsuit can be one or two years following the
date of diagnosis of Mesothelioma.

The most important aspect of personal injury lawsuits is time. Usually it begins
with an attorney’s visit to collect information required to file the lawsuit and
answer interrogatories which may require a couple of sessions. Then based
on the local procedures, there could mostly be one or two depositions for
Mesothelioma cases. On completion of the depositions, the rest is handled by the
attorney right up to the time for going to trial.

In the event of the Mesothelioma patient passing away during the
proceedings of a personal injury lawsuit, the Mesothelioma case turns into a
wrongful death lawsuit in continuation. The difference is that at the conclusion of
the Mesothelioma case settlement, the compensation is made to the relatives or
family members of the deceased. The statute of limitations remains one or two
years for filing a wrongful death lawsuit, starting from the date of the patient’s
death from Mesothelioma.

When it’s a wrongful death lawsuit, the court appoints an individual, who may
either be a spouse or a family member of the deceased, to be the plaintiff with
the injuries being claimed including the loss of life itself. The actual plaintiff
provides the interrogatory answers and signature with or without a deposition by
the same person. In some cases co-workers may be required to give depositions
as well. Similar to that of the living case, this is when the lawyer takes charge
and handles preparation of the Mesothelioma case for the trail.
As in the case of cancer where early diagnosis can be crucial, Mesothelioma
case proceedings need to be activated at the earliest. Witnesses and
documentation are essential for a Mesothelioma lawsuit. The more the
Mesothelioma case is delayed the less the chances of accurate recording of the
key details.

Commonly asked legal questions on mesothelioma

I have been diagnosed with mesothelioma. Should I see a solicitor?
Yes, if at all possible, as medical experts estimate that approximately 95%
of all mesothelioma cases are caused by exposure to asbestos (usually in
the workplace) and, more often than not, someone else (be it an employer,
factory owner, or asbestos manufacturer) is to blame. Often people say
“but, no one knew of the risks in those days; it was so long ago”, and put
off the idea of taking legal advice, assuming nothing can be done. In
actual fact, more often than not, there is a legal remedy, even if an
employer has apparently ceased to exist. Therefore, it is unsafe to assume
that no legal action can be taken.

Do I need to see a solicitor immediately?
Depending on the treatment you are receiving and how you are feeling, it
is wise to take legal advice as soon as you possibly can as there are time
limits for all personal injury claims. As a general rule a court action
(“proceedings”) must be started within 3 years of the diagnosis (or from the
time you first suspect that you are suffering from an asbestos related
disease). Although the Court has a discretion to set aside the 3 year
“limitation period” (as it is called), technically your claim would be time
barred if you did not issue proceedings within the 3 years. In any event,
given the poor prognosis, most people do not want to delay taking legal
action. Since the civil justice system was reformed in 1999, claims do not
tend to take as long as they did, but it is still possible to have a claim
“expedited”, if the medical evidence suggests that someone’s life
expectancy is very limited.

Can I go to any solicitor?
Most solicitors now tend to specialise; the days of the “general practitioner”
are numbered. Even so, regrettably, some solicitors who are not
experienced in this particular field do take on mesothelioma claims and
that can have unfortunate consequences, especially as most employers’
liability insurance companies (on the other side) instruct specialist firms to
defend such claims. In that situation, it would not be a level playing field.
Therefore, it is always sensible to seek out a solicitor who specialises in
asbestos related disease litigation. The Law Society (telephone number:
0870 606 2555), in London, has a list of specialist solicitors, as do various
victims of asbestos support groups (for example OEDA and Clydeside
Action on Asbestos). Before instructing a solicitor, it is always worth asking
about his/her qualifications and track record. For example, are they a
member of the Law Society’s Personal Injury Panel and/or the College of
Personal Injury Law (CPIL). How many asbestos related disease cases
have they successfully concluded within the last 3 years? Is the person
you are dealing with a qualified solicitor?

Will it cost me a lot of money?
Although Legal Aid is now rarely available for personal injury claims, the 3
main funding options are:
• Conditional Fee (“no win: no fee”) Agreement
• Trade Union funding
• Legal expenses insurance
As a consequence of changes introduced by the Access to Justice Act
2000, pursuing a personal injury compensation claim should not cost you a
lot of money. Most (good) solicitors offer a free initial interview, even if a
home visit is required (as is often the case). The solicitor should then
discuss the various funding options at the outset, before any claim is
intimated. If you are in a trade union/professional association, or have
legal expenses insurance cover, then you may not have anything to pay,
subject to the terms of the union agreement, or legal expenses insurance
policy. If your solicitor is prepared to take the case on a “no win: no fee”
basis, then you may have to pay a one off insurance premium (which is
recoverable in the event of a successful claim). However, the insurance
cover will protect you against the risk of having to pay the other side’s
costs in the event that the claim is lost or discontinued (provided court
proceedings have been started). If you are successful, then the opposing
party/insurance company will pay the claimant’s basic legal costs and also
a “success fee”* in addition. Following the introduction of the new rules,
relating to costs, claimants are now in a much better position than they
were and you may not have to pay anything at all if the solicitor operates a
“no cost to you” policy. However, be aware that some firms/organisations
offering “no cost” policies/deals may not necessarily have the relevant
expertise, as they mainly deal with “fast track” (low value) personal injury
claims. Industrial disease claims are complex and require skilful handling.
[*This is the lawyers reward for taking the case on and facing the
possibility that he/she will not be paid anything at all if the case is lost]

Will I have to appear in court?
Unlikely, as most personal injury claims are now settled, either before court
proceedings are commenced, or before the final hearing (trial). A very
small percentage of claims (about 1%) are assessed by a judge (at the
trial stage). Therefore the chances of you appearing in court are slim, but
not impossible. Your solicitor and legal team will explain the court process
to you and, if there is a prospect of you having to give evidence in court,
then you will be well prepared and well supported.
I am in a Trade Union/professional association - can they help me?
Very often, yes. It is a legal requirement that all the various funding options
should be explained to you at the outset and, if there is a possibility that
your membership organisation may fund your case, then that option should
be explored. However, many trade unions, for example, are not prepared
to provide legal aid/financial assistance if a person has ceased to be a
member of that trade union, or if the relevant exposure (to asbestos) took
place before they joined the union. Many former trade union members are
therefore disenfranchised to that extent. However, with the advent of
conditional fees, you should not be placed at any disadvantage, provided
you can find a solicitor who is prepared to take on your case on a “no win:
no fee” basis.

My relative died recently with mesothelioma - is it too late for me to
take any legal action?
No, it is not too late as a claim can be brought by the
executors/administrators of your partner’s/relative’s estate. Compensation
can be claimed for your relative’s pain and suffering and any financial
losses which they suffered as a result of their illness, so it is still worth
seeking legal advice. There may also be a claim by the surviving
spouse/partner for bereavement damages and their reliance on the
deceased person’s income and contribution to household maintenance.

My partner has mesothelioma and is very ill and may not recover.
Can we delay seeing a solicitor?
Although it is extremely important to obtain a detailed witness statement
from the person who is suffering from mesothelioma, that is not always
possible if the sufferer is extremely ill when the link with asbestos is first
made. If that is the case, then the presence of a solicitor may be
unwelcome. However, any handwritten notes or diary entries, which may
be relevant, ought to be preserved, together with any work records (for
example - deed of apprenticeship/indentures etc). The family can often
give important evidence even though it is “indirect”. However, there is no
real substitute for the direct evidence given by the mesothelioma sufferer,
him/herself. Their recollection of events is likely to be the most accurate. It
is also worth making a note of the names and addresses of any former
work colleagues who may be able to give evidence about the sufferer’s
exposure to asbestos.

I have been told that I probably have mesothelioma and I have been
exposed to asbestos in the past. Should I see a solicitor even though
the diagnosis is not 100% certain?
Mesothelioma is a notoriously difficult illness to diagnose accurately and
even though there may be a clinical diagnosis, the doctors cannot always
be 100% certain. Civil claims for damages (compensation) only have to be
proved on the balance of probabilities (i.e. more likely than not) and
therefore if the medical evidence states that it is likely that you are
suffering from mesothelioma, then you should see a solicitor who may still
be able to investigate a claim. Remember that the limitation period starts
at the time when someone has a reasonable suspicion that they are
suffering from an asbestos related illness, not from the time when a 100%
diagnosis is made and so, from that point of view, it is wise to take legal
advice promptly and the solicitor should then advise on the appropriate
steps to be taken.

Reference:Mavis Robinson MBE, RGN

What Is Peritoneal Mesothelioma?

Peritoneal Mesothelioma is a tumor of the membrane Peritoneum. The peritoneum is a thin membrane in the organs in the abdomen consisting of mesothelial cells.

Peritoneal Mesothelioma is associated to coming about from having previous exposure to asbestos, and in many cases is found through routine abdominal xrays and CT scans showing something different than normal.

Peritoneal Mesothelioma can stay dormant in your body for many years, before it will be seen, and for this reason many people years after they have been exposed to asbestos will be diagnosed with Peritoneal Mesothelioma. About 20% of all mesotheliomas are Peritoneal Mesothelioma, and they can be of two types: malignant and benign.

What are the Symptons of Peritoneal Mesothelioma?

- abdominal pains

- weakness

- weight loss

- loss of appetite

- nausea

- abdominal swelling

The symptoms become more severe over time and should be checked out by a doctor. If they do not, they will cause increasing pressure on your abdomen organs, causing much discomfort, and will lead to bowel obstruction and distention.

How is peritoneal mesothelioma diagnosed?

A peritoneoscopy is performed, and if there is a reason to be concerned, a biopsy is performed. A biopsy is the process of taking a piece of tissue to be given to a pathologist for analysis. The pathologist uses a microscope to analyse the tissue and make the actual diagnosis.

Currently, it is still unknown why Asbestos causes the mesothelial cells to be cancerous, and it is unsure how many fibers are needed for the tumor to occur. Many treatments exist for peritoneal mesothelioma, however a cure has yet to be found.

What are some of the treatments available for Peritoneal Mesothelioma?

- chemotherapy

- radiation therapy

- surgery.

If you are feeling any of the symptoms noted above, ensure you have it checked out early. The earlier the diagnosis of Peritoneal Mesothelioma, the better chance the treatments will be effective.

Reference: http://mesotheliomainfoupdates.blogspot.com