Litigation when you get Cancer from Asbestos

How to Litigate if You Find You Have Cancer from Asbestos Exposure

Getting a cancer diagnosis is a frightening experience. If you have been diagnosed with a type of cancer due to asbestos exposure you have the right to take action. Here are some simple guidelines for getting a litigation matter started.

Exposure to asbestos can lead to a cancer called mesothelioma. If you have recently been diagnosed with this disease, you may be entitled to a legal settlement. Your first step is getting the help of a compassionate attorney in your area that specializes in this form of litigation.

Your attorney will sit you down and give you a free evaluation in order to put together a case on your behalf. You may also be asked to go to a doctor selected by the attorney to get more reports and treatments that focus on your type of cancer. Your attorney may also be able to help you get veteran benefits for this and other asbestos diseases.

Getting Litigation Started

You may worry about paying an attorney to litigate for you. But, many attorneys who are focused on getting verdicts for their clients will work with you to ask for payment only after a settlement or a judgment has been reached in your favor. Do not let the fear of having to pay an attorney stop you from seeking at least a free consultation.

You may have seen commercials on television for attorneys that handle mesothelioma cases. There are some lawyers who have been able to get settlements in the millions for one individual or a class of people who sue various organizations for damages. You could use the information you get from a local television commercial as a good starting point for meeting with an attorney in your area.

It also helps if you can research other attorneys or other people online who may be trying to sue a major organization for damages together. You could become part of a class action lawsuit versus suing all by yourself.

It is important to understand that filing a case will not automatically guarantee you of millions of dollars. The compensation you receive depends on the severity of your diagnosis, your past medical history as well as obtaining proof of negligence. Your attorney will go over all of these details with you so that you understand what the first steps are in actually starting litigation. You will hear terms like “complaint” and “summons” which are the first legal forms filed in a court against a defendant. You will be considered a plaintiff. Again, your attorney will go over everything with you.

Bear in mind that no reputable attorney will promise you that you will win a case and obtain a settlement. A good attorney will assemble as many facts about your situation before recommending you pursue the matter through litigation. However, if you have been diagnosed with cancer due to asbestos exposure and you worked in an area where there was asbestos your chances of getting a settlement are probably good.

Further Resources: Mesothelioma Advocate, UTSA Asbestos

How to Prevent Asbestos Exposure

Asbestos was a construction material that was used in buildings all over the country before the connection to cancer was discovered, needless to say it ceased going into building soon after.  However almost every building built between 1960 to the mid 1980’s were built using asbestos.  Imagine that for a minute, that was one of the longest periods of construction since the end of the war.  There are offices, schools and hospitals that all contain asbestos.  Now there is continuous asbestos monitoring as well as removal happening all over the country.

Avoiding Exposure to Asbestos

Nobody wants to be exposed to asbestos, we all are aware now of the effects it has on our health.  If you own a home built during that era, and many do, before you start any project you need to check for asbestos.  A qualified expert will need to come in and grab some sample of the building to run tests on them.  This will tell you definitively if you have asbestos in your home.  It will let you know if any other harmful materials were used and if there is asbestos what the percentage is.  The percentage will help determine how it should be removed.  If the percentage is more than 1% in the test then it was regulated asbestos and you can officially hire someone to remove it.

Removing Asbestos

Do not try this yourself you need a professional to remove it.  Removing asbestos is extremely dangerous and unless you have the right gear and qualifications don’t even try.  You run a very real risk of making yourself sick, and that is cancer sick not simply the flu.  If it is inhaled asbestos can stay in your lungs forever.  The risk of cancer is directly proportional to the amount of exposure you have had, that being said there is absolutely no safe amount of asbestos exposure.  If you want to live a long and healthy life then you need to get the pros in to remove the asbestos.

If you have been exposed to any kind of asbestos in your home or work building make sure you get regular checkups and make it known to your doctor that you had been exposed so he runs the appropriate tests.  If you have ever seen asbestos being removed from a building you’ve probably noticed the amount of protective gear the removal crew wears.  There is a reason for the masks and bio suits, it is so they don’t become exposed, they are pros so let them do their job.  Here is a video that shows you exactly how they remove asbestos and the gear they wear to protect themselves.

Tips for Hiring a Mesothelioma Lawyer

Mesothelioma is a life-threatening disease that is caused by prolonged exposure to asbestos. It is a form of cancer that affects the lungs, abdomen, heart and several major body parts. The common symptoms include dry cough, difficulty in breathing, chest and abdominal pain etc.

Mesothelioma – The legal background

Victims of mesothelioma are usually workers working on job sites that use asbestos-containing materials. Though manufacturers of asbestos and asbestos-containing materials are aware of the health risks of exposure, yet they do not inform the public because they make huge profits from producing these materials. As a result of this, workers that are suffering from mesothelioma are usually eligible for claiming substantial financial compensations from the manufacturer, the company that installed the asbestos or from the asbestos trust funds to cover expenses such as medical bills, lost wages, physical pain, emotional suffering and more. Hence, the need for hiring a mesothelioma law firm.

Mesothelioma Law Firm – Functions

A mesothelioma law firm is a law firm that solely specializes in mesothelioma and asbestos-related disease cases. In this regards, an attorney who specializes in mesothelioma cases, as this type of lawsuit is extremely complex and vast requiring the in-depth knowledge of asbestos exposure and the diseases.

Features of Mesothelioma Law Firm

An ideal mesothelioma law firm consists of experienced attorneys that have deep knowledge of federal and state laws regarding asbestos, its use as well as its history in the workforce. Such a firm has investigative skills with the capability of digging deep into complex cases in order to uncover the time and the location the company and/or other entities exposed the client to asbestos.

In addition, such a firm understands the pain and sufferings that mesothelioma brings, not only to the client but also to the family members. As a result, the firm will strongly fight for the legal rights of the client using the required resources in order to ease the sufferings of the victim as well the loved ones.

Tips for Hiring a Mesothelioma Lawyer

The following are the major factors to be considered while hiring a reliable lawyer:

  • Make enquiries: Ask former colleagues that have the same disease and have been able to achieve a good result through a law firm.
  • Examine the lawyer’s references: A good lawyer should be able to give his client access to the names and contacts of satisfied clients.
  • Do investigations: Investigate the law firm offline and online from different victims’ reviews regarding the law firm.
  • Negotiate fees with the lawyer: Mesothelioma lawyers will charge a contingency fee and the additional costs to prepare the case; but find out how costs are handled so you can negotiate better.