Mesothelioma is a type of cancer that is caused by exposure to asbestos-containing dust. It’s the second most common cause of lung cancer, and it affects the lungs, heart, and abdominal muscles. Signs of mesothelioma include thickening and scarring in the chest wall called pleural plaques, loss of lung function, pain on breathing or coughing, weight loss or gain, secretion of excess fluid from body tissues (serous effusions), blood clots in major organs such as the heart and brain (embolisms), bleeding from anywhere inside the body (hemorrhagic effusions), weight loss without an explanation.
“It goes without saying that mesothelioma is a very dangerous illness that can prove fatal. In times like these, it becomes important to secure treatment and make sure your rights to treatment are protected. Who would know better about rights violations than lawyers? If you or a loved one find yourself in such a situation, here’s why you should get professional help in your fight against mesothelioma. Seeking the expertise of a Dallas mesothelioma attorney can be crucial in navigating legal complexities and ensuring that you receive the necessary support and compensation for medical expenses and other related challenges.”
1. Accountability For Causation And Compensation
Mesothelioma does not develop by itself 90% of the time. It is caused by direct exposure to asbestos, which, when inhaled, slowly destroys the lungs. Asbestos has gone down in usage considerably over the past few decades, with over 50 nations banning the usage and production of the material, but many companies still expose their workers to the deadly mineral. Even the US Navy used asbestos until the 1980s and halted usage when the dangers of the material became known to the public. However, since the material is so dangerous that in some cases, even one-time exposure can lead to extreme illness, prolonged exposure has still managed to make navy veteran mesothelioma a common issue. Along the same lines, construction workers also often become exposed to asbestos due to its regular use in building materials.
In such cases, if an employee contracts a disease due to the employer’s hazardous tendencies towards health recommendations, one can sue for compensation, which helps with the funds for treatment. Veterans can file a VA claim referring to exposure during military service, especially since compensation payments have been known to frequently stretch beyond $1 million, depending upon the situational context of the case.
2. What Do Mesothelioma Expenses Cover?
Mesothelioma expenses generally cover diagnosis-related expenses for the patient. Any compensation ordered towards loved ones through a “wrongful death” lawsuit can cover medical bills or funeral expenses after the death of the patient. Expenses covered include any wages lost due to an incapability to work, travel expenses for treatment, medication and treatment expenses, and general accommodation suited towards the areas of a patient’s life affected by mesothelioma.
3. Statute Of Limitations
Mesothelioma symptoms usually appear 10-15 years after exposure, but it might also take up to 50 years for the disease to manifest. Due to the nature of the disease, there is no statute of limitations in place to prevent the victim from applying to court after a certain period of time from the exposure. However, the US statute of limitations commands 1-4 years after diagnosis (varying from state to state) in the instance of a personal injury case. In a wrongful death lawsuit, the surviving family can apply at any time after the death of the patient.
The application of the statute can also vary from case to case. Such a situation depends upon many factors, such as:
- Location: The location of the applicant, their place of exposure, and the opposing party’s location can all impact the manner of the statute’s application.
- Claim Type: Whether the claim refers to personal injury, wrongful death, navy veteran compensation, or an asbestos trust fund decides the deadlines for the suit on a categorical basis.
- The number of Diagnoses or Types: Additional diagnoses allow the claimant to use the extra time allotted per the ruling on each diagnosis. The severity of the disease is also considered a reason for deadline extensions.
- Timing: Regardless of when the patient was exposed to asbestos, the case proceeds from the date of diagnosis of the disease or death.
- Mesothelioma lawyers decide which situation will suit the case best.
Costs and Expenses
Typically, many mesothelioma consultancy firms operate on the basis of the case’s success. This means they receive payment only if the claimant wins the case and offers free consulting services. Usually, the lawyer and client decide upon a percentage of the compensation that shall be transferred to the lawyer upon winning the case before they go to court.
Additional Cases
It is quite common for the defendants to try to settle matters out of court. Mesothelioma settlements often lead to the case being settled before it ever even goes to trial. In such cases, if you are willing, you can negotiate through your attorney. Even if you reject the offer, the defendant will likely make another.
Although going to trial is rare, if you do proceed, it is likely your presence will not be needed in court. If it so happens that you win the case, the defendant has the right and is likely to file an appeal against the decision. Payments usually begin a few months after the declaration of the verdict.
Mesothelioma and the asbestos industry are sensitive issues that require a precise analysis of the situation. Contacting an experienced mesothelioma lawyer is generally advised when trying to settle such a delicate case. Choosing a lawyer who specializes in asbestos-related issues makes it easier to get the best possible deal for your case, and when you do decide to choose one, it is important to know a general blueprint of it all so that you may get your rights implemented fully, without any reservations.
