Understanding The Statute Of Limitations For Mesothelioma

There are many people who do not realize that there is a statute of limitations for mesothelioma cases. The statute of limitations for mesothelioma will start at the time of the patient’s diagnosis and expire after different lengths of times in different states. It is important that you know what the statute of limitation for mesothelioma is for your state if you need to make a claim.

Why There Are Statutes Of Limitations

A statute of limitation is a legal time frame where you are able to file a lawsuit for a personal injury claim. If you do not file the lawsuit within this time frame, you will not be able to legally do so. This is a problem for many people who have been diagnosed with mesothelioma because a lawsuit is generally not the first thing on their mind. Getting treatment will always come first, but you need to know that you have a limited time to file.

The statute for these cases is slightly different to other personal injury cases. With other personal injury claims, the statute will start to run from the point of injury, but this cannot be done with mesothelioma because of the long latency period. It can take from 20 to 50 years after exposure to asbestos for mesothelioma to develop.

The special statute that applies to these cases will have the time limit start when a diagnosis has been made or the patient has passed away. This has been done to ensure that the statute of limitations does not run out before the patient has time to realize that something is wrong.

How Long Do You Have To File?

The exact period of time that you have to file from the point of diagnosis or death, will vary depending on the state. However, it is generally within 2 to 3 years after the diagnosis or death of the affected person. There are 2 factors that will impact how long you have to file and they are the location and the type of case.

Each state will have a different statute of limitation for these cases. It is important that you find out what the limit is in the state you live in. This information can be found online. It is also important to note the statute of limitation of the state where the company responsible for the asbestos exposure is located. This will generally be the statute that will be looked at in court.

The type of case is also important. If the patient is still alive, the statute will start from the point of diagnosis. However, if the patient has passed away, the statute will start from the date of their death. This newly set statute will allow the family of the deceased to file a claim against the company responsible for the exposure.

It is important that you know what the statute of limitation for mesothelioma cases are in the state you live in. You also need to consider the statute in the state where the company that is responsible for the exposure is located.

Overview Of Mesothelioma Class Action Lawsuits

There are many class-action lawsuits that are filed year after year. These are lawsuits in which there are quite a few people, each of which has been afflicted in a similar manner. It could be that they have received similar injuries from a defective product, or they may be experiencing some kind of disease. In many cases there are hundreds of people that will be part of the lawsuit. There have been some very large settlements in history, many of which have led to tens of millions of dollars being dispersed. Mesothelioma class action lawsuits are definitely in this category. Here are a few of the ones that have been the most recognized.

How Does Mesothelioma Begin?

First discovered back in the 1970s, the effects of asbestos in the lungs which creates mesothelioma cancer can be lethal. In most cases, those that have decades of exposure to asbestos will end up with a fatal condition. It is absorbed into the lungs when a person breathes, and, in the United States, production of asbestos ended in 2002. However, we are still dealing with the problems associated with this condition which often leads to the death of many people.

Here is a short video on how asbestos leads to Mesothelioma:

Well-Known Mesothelioma Class Action Lawsuits

These lawsuits are focused upon the effects of asbestos lung cancer in individuals that have developed this disease as a result of their profession. This type of lung cancer can be very rapid, yet it may not be detected for a couple decades, making this a unique type of cancer. Most of the cases involve people that develop this condition 15 years after they have left their job. There are over 100,000 people that have died from asbestos and mesothelioma, and many of these lawsuits have been large. In 2011, $10 million was provided to Nancy Lopez, a courthouse employee that develop this condition. $43 million was delivered into payouts to 1300 minors and their families in Montana. One of the largest ever was paid to the wife of the US steel worker, receiving an estimated $250 million for the death of her husband. Although this was settled out of court through a post verdict settlement, it was likely a very high number.

Why Are Mesothelioma Class-Action Lawsuits No Longer Filed?

These are no longer filed because lawyers are realizing that, due to the sensitive nature of these cases, it is better to file each one individually. This works in their favor because they are able to focus on their client, representing to the judge how this condition has affected their life, making this a much more personable representation. Although many of the class-action lawsuits were successful, it is infinitely better to represent people that can be identified with their condition. There are still many of these cases happening, and until removal of asbestos is done from all structures, it is likely that people will continue to develop this life-threatening condition.

Now that you know a little bit about mesothelioma lawsuits, the biggest ones, and why they no longer have class-action lawsuits, you can see that this problem is still occurring. Hopefully this substance will be removed from structures across the world to prevent other people from getting sick, or at the very least, modern science will find a way to deal more effectively with this condition.

Jobs with High Risk of Asbestos Exposure

Below are some interesting videos about Asbestos Exposure. I learned a lot about Asbestos Exposure risks from the videos. I suggest you watch them all fully!

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.