Mesothelioma Lawyers: Fight for Your Rights and Compensation After Exposure

Mesothelioma is a rare and aggressive cancer primarily caused by exposure to asbestos, a mineral once widely used in industries such as construction, shipbuilding, and manufacturing. The latency period of mesothelioma means that individuals may not exhibit symptoms until decades after exposure, often leading to a late diagnosis. This delay can significantly impact treatment options and outcomes.

For those diagnosed with mesothelioma, seeking legal counsel is crucial. Experienced mesothelioma lawyers specialize in securing compensation for victims and their families, helping to cover medical expenses, lost wages, and other associated costs. These legal professionals are adept at navigating the complexities of asbestos-related claims and can provide guidance tailored to individual circumstances.

Understanding Mesothelioma and Its Causes

Mesothelioma is a rare and aggressive form of cancer that predominantly affects the mesothelium, the protective lining surrounding many of the body's internal organs. This disease is often diagnosed at an advanced stage, and the prognosis can be poor, which makes understanding its causes and risk factors crucial for prevention and seeking compensation for affected individuals.

What Is Mesothelioma?

Mesothelioma is a type of cancer that develops in the mesothelium, a thin membrane that covers and protects internal organs. The most common forms of mesothelioma are:

• Pleural Mesothelioma:
  • This is the most common form of mesothelioma and affects the pleura, the lining surrounding the lungs. It accounts for approximately 75% of all mesothelioma cases.
  • Symptoms: Pleural mesothelioma typically presents with symptoms such as persistent coughing, chest pain, difficulty breathing, and fatigue. As the cancer progresses, it can cause fluid buildup in the lungs, leading to more severe respiratory issues.
• Peritoneal Mesothelioma:
  • This form affects the peritoneum, the membrane lining the abdominal cavity and organs. Peritoneal mesothelioma represents about 10-30% of mesothelioma cases.
  • Symptoms: Common symptoms include abdominal pain, swelling, nausea, weight loss, and digestive problems. The tumor can also spread to other areas of the abdomen and affect surrounding organs.
• Pericardial Mesothelioma:
  • This rare form impacts the pericardium, the lining around the heart. Pericardial mesothelioma accounts for less than 5% of all mesothelioma cases.
  • Symptoms: Symptoms may include chest pain, heart palpitations, shortness of breath, and fatigue. Because of its rarity, diagnosis is often delayed, making treatment options limited.

Causes and Risk Factors

The primary cause of mesothelioma is exposure to asbestos, a group of naturally occurring minerals composed of heat-resistant fibers. When these fibers are inhaled or ingested, they can become embedded in the tissues of the mesothelium, causing inflammation and eventually leading to cancer. Mesothelioma develops over decades after initial exposure, often making it difficult to link the disease to specific events.

Occupational Exposure

• Construction Workers:
  • Construction workers are at a high risk of mesothelioma due to exposure to asbestos-containing materials used in building products, including insulation, roofing tiles, cement, and flooring. Asbestos was once widely used for its heat resistance and durability in the construction industry.
  • Workers in industries like plumbing, electricians, and demolition are also at high risk due to the disturbance of asbestos fibers during repairs or renovations.
• Shipbuilding Industry:
  • Shipyard workers, especially those working with older ships, have a high risk of mesothelioma due to the widespread use of asbestos in ships' insulation, pipes, engine rooms, and electrical components.
  • Asbestos was used to protect against fire and corrosion, and workers in these environments often had prolonged exposure to the material.
• Manufacturing:
  • Employees in the manufacturing of products such as brakes, gaskets, and textiles are at high risk of exposure. Asbestos was commonly used in products like automotive parts, friction materials, and heat-resistant fabrics.
  • Factory workers, particularly those involved in making or handling asbestos-containing products, are among the most frequently diagnosed with mesothelioma.
• Miners and Asbestos Production Workers:
  • People who worked in asbestos mining or in asbestos processing plants were directly exposed to asbestos fibers during their work. Miners, in particular, were surrounded by high levels of asbestos dust, significantly increasing their risk of developing mesothelioma.

Secondary (or Para-occupational) Exposure

• Family Members of Asbestos Workers:
  • Secondary exposure occurs when individuals come into contact with asbestos fibers brought home by workers. For example, family members of construction or shipyard workers may be exposed to asbestos dust when workers return home with fibers on their clothing, hair, or tools.
  • Wives and children of asbestos workers were often the most affected by secondary exposure, as they would handle the workers' clothes or clean the worksite equipment.
• Household Exposure:
  • In some cases, entire households were exposed to asbestos simply by living with an individual who worked in an asbestos-laden environment. Laundry workers or those who cleaned work clothes may have encountered dangerous levels of asbestos dust.

Other Risk Factors

• Age:
  • Mesothelioma typically manifests in older individuals who were exposed to asbestos many years ago. The latency period for mesothelioma is long, and it may take 20 to 50 years after exposure for symptoms to appear.
• Smoking:
  • While smoking does not directly cause mesothelioma, it can increase the risk of lung cancer and exacerbate the effects of asbestos exposure, particularly in individuals who have been exposed to asbestos for long periods.
• Genetic Factors:
  • There is some evidence that genetic factors may play a role in how an individual reacts to asbestos exposure. Some people may be genetically predisposed to developing mesothelioma after exposure to asbestos.

Legal Options for Mesothelioma Victims

Victims of mesothelioma, a rare and aggressive cancer primarily caused by exposure to asbestos, have several legal options available to seek compensation for their suffering. These legal avenues allow mesothelioma patients and their families to hold accountable the parties responsible for their exposure to asbestos. Below are the main legal options available for mesothelioma victims:

Filing a Lawsuit

One of the most common legal options for mesothelioma victims is to file a personal injury lawsuit against the companies that are responsible for exposing them to asbestos. This type of lawsuit allows victims to seek damages for medical expenses, lost wages, pain and suffering, and other losses.

• Lawsuit Process:
  • Filing the claim: The victim or their family, represented by a mesothelioma lawyer, will file a civil lawsuit in a court of law. This involves identifying the companies or entities responsible for the asbestos exposure, gathering evidence, and presenting the case in front of a judge or jury.
  • Settlement vs. Trial: Many mesothelioma lawsuits are settled out of court, but some cases go to trial. Settlements often provide quicker compensation, while trials may result in larger verdicts but take longer to resolve.
  • Average Compensation:
    • Settlements: The average settlement for a mesothelioma lawsuit typically ranges between $1 million and $1.4 million. This amount can vary depending on the specifics of the case, such as the level of exposure, the victim’s medical expenses, and the negligence involved.
    • Lawsuit Verdicts: In cases that go to trial, mesothelioma victims have seen jury awards averaging around $2.4 million. These amounts reflect the more extensive process and the legal team's ability to present a strong case in court.
  • Who Can File: Victims themselves can file the lawsuit, but if the individual has passed away, a family member or estate representative can file on their behalf under a wrongful death claim.

Asbestos Trust Funds

Many companies that have been implicated in asbestos-related illnesses, including mesothelioma, have gone through bankruptcy proceedings due to the overwhelming number of lawsuits filed against them. As part of these bankruptcy settlements, some companies have created asbestos trust funds to compensate victims more efficiently and avoid the lengthy litigation process.

• How Trust Funds Work:
  • Establishment of Trusts: These funds are established as part of a bankruptcy agreement between the company and its creditors. The companies set aside a portion of their assets to provide compensation to future claimants who were harmed by asbestos exposure.
  • Compensation Process: Victims can file claims against these trust funds without needing to engage in a full lawsuit. The claims process typically involves providing documentation of asbestos exposure, medical records showing the mesothelioma diagnosis, and other supporting evidence.
  • Payout Amounts: The amount a victim can receive from an asbestos trust fund varies, depending on the specific trust and the severity of the case. Some trusts offer payments exceeding $125,000, though the amounts may be lower depending on the available funds and the claimant’s exposure.
  • Efficiency: One of the primary benefits of asbestos trust funds is the speed of compensation. Since the funds are already established and are not subject to the delays of a trial, victims can receive compensation more quickly than through traditional lawsuits.

Veterans Benefits

Veterans who were exposed to asbestos during their military service and subsequently diagnosed with mesothelioma have additional legal options through the U.S. Department of Veterans Affairs (VA). Veterans were often exposed to asbestos in the military, particularly in Navy ships, military vehicles, and during construction and demolition activities.

• VA Compensation for Veterans:
  • Eligibility: Veterans who served in specific branches of the military, especially the Navy, Army, and Air Force, may have been exposed to asbestos during their service. Those diagnosed with mesothelioma can apply for disability compensation through the VA.
  • Filing for Benefits: The process to apply for VA benefits includes submitting a claim that includes evidence of the veteran’s asbestos exposure and their mesothelioma diagnosis. The VA requires medical documentation and proof of service in specific areas where exposure is likely.
  • Compensation Types: Veterans can receive compensation for their disability, which can cover medical expenses, lost wages, and pain and suffering. Veterans benefits also offer healthcare coverage and access to specialized treatment for mesothelioma through VA facilities.
  • Additional Benefits: If a veteran passes away from mesothelioma, their surviving family members may be eligible for survivor benefits under the VA’s dependency and indemnity compensation (DIC) program.

Steps to Take After a Mesothelioma Diagnosis

Receiving a mesothelioma diagnosis is a life-altering event that can bring about physical, emotional, and financial challenges. As this type of cancer is primarily caused by exposure to asbestos, victims have legal options for seeking compensation for their medical expenses, lost wages, and suffering. Below are the key steps to take after being diagnosed with mesothelioma to ensure that your legal rights are protected and that you receive the compensation you deserve.

Consult an Experienced Mesothelioma Lawyer

Engaging with an experienced mesothelioma lawyer as soon as possible is critical. A lawyer who specializes in mesothelioma cases can provide valuable expertise, as these types of claims often involve complex legal and medical issues.

• Specialized Knowledge:
  • Mesothelioma claims are unique because they involve asbestos exposure, which may have occurred decades earlier. A specialized lawyer understands the intricacies of asbestos-related claims and is familiar with the legal process specific to mesothelioma.
  • An experienced lawyer will also be familiar with the various types of compensation available, including personal injury lawsuits, asbestos trust funds, and veterans’ benefits, ensuring that you explore all possible avenues for financial recovery.
• Case Evaluation:
  • During your initial consultation, a mesothelioma lawyer will assess your medical records, exposure history, and employment background to evaluate the strength of your case. They will explain the legal options available to you and how best to proceed, considering the facts of your situation.
  • The lawyer will explain the statutes of limitations that apply to mesothelioma cases. These time limits vary by state and may affect your ability to file a claim, so early consultation is essential to ensure you don't miss any crucial deadlines.
• Collecting Evidence:
  • A skilled lawyer will help gather evidence that links your mesothelioma diagnosis to asbestos exposure. This may include reviewing historical workplace conditions, identifying asbestos-containing materials you were exposed to, and securing expert testimony from medical and environmental professionals.

Gather Documentation

One of the most critical steps in pursuing a mesothelioma claim is gathering and organizing documentation that links your diagnosis to asbestos exposure. This information will be essential for building a strong case.

• Medical Records:
  • Collect all relevant medical records that document your mesothelioma diagnosis, including biopsy results, X-rays, CT scans, and treatment history. These records help establish the severity of your condition and the need for compensation.
  • Doctor’s testimony: In many cases, your attorney will need testimony from medical experts who can confirm that your mesothelioma was caused by asbestos exposure. This can include oncologists, pulmonologists, or pathologists who are familiar with the disease and its connection to asbestos.
• Employment History:
  • Your employment history is crucial in proving where and how you were exposed to asbestos. Detailed records of your work history, particularly in high-risk industries such as construction, shipbuilding, or manufacturing, can help establish a clear link to your exposure.
  • Workplace records: If you have worked in environments where asbestos was used, collect any workplace safety records, employee manuals, or contracts that might indicate the presence of asbestos or your specific duties that exposed you to the substance.
• Exposure History:
  • If you were exposed to asbestos in a secondary capacity (e.g., through family members who worked with asbestos), you should gather records or evidence of that exposure as well. This may include testimonies from family members or coworkers who were aware of the asbestos exposure.
  • Exposure timeline: Constructing a detailed timeline of your exposure history is important for your attorney to determine the relevant time periods and employers involved. This timeline can help establish when you were exposed and when symptoms first appeared.

Avoid Direct Negotiations with Insurance Companies

After being diagnosed with mesothelioma, you may begin to receive offers or communication from insurance companies or companies liable for asbestos exposure. It is crucial to avoid engaging with them directly without legal counsel, as these companies often try to minimize their payout.

• Insurance Company Tactics:
  • Low settlement offers: Insurance companies may attempt to settle your claim quickly and for a much lower amount than what you are entitled to. They may downplay the severity of your condition or attempt to convince you that a quick settlement is in your best interest. However, these initial offers rarely reflect the long-term medical expenses, lost wages, and pain and suffering you will endure.
  • Delay tactics: Insurance companies may also attempt to drag out the settlement process in hopes that you will settle for a lower amount just to move on. This is especially problematic for mesothelioma victims, who may face escalating medical costs as their condition worsens.
• Let Your Lawyer Handle Communications:
  • A mesothelioma lawyer will handle all communication with insurance adjusters and any companies responsible for asbestos exposure. They know the tactics that insurers use and will negotiate on your behalf to secure a fair settlement that covers all of your losses, including current and future medical expenses, lost wages, and pain and suffering.
  • Your lawyer will also ensure that your legal rights are protected and that you are not pressured into agreeing to a settlement that does not fully compensate you for the long-term impacts of your illness.
• Maximizing Compensation:
  • Mesothelioma claims can involve multiple defendants, such as manufacturers of asbestos-containing products or companies where you worked. An experienced lawyer will be able to identify all liable parties and make sure that they pursue compensation from every available source, including asbestos trust funds and other claims that may be relevant to your case.
  • Your lawyer will also help you understand the long-term financial needs of your family and ensure that the compensation you receive accounts for the future costs associated with your care.