Mesothelioma is an aggressive and rare form of cancer that affects only somewhere between 2,000 and 3,000 people in the U.S. each year. The incident rates for mesothelioma; however, are on the rise with doctors diagnosing more cases each year. Mesothelioma is caused by exposure to asbestos dust. Asbestos is a natural mineral which was used in building materials such as insulation. When asbestos is moved or disturbed it causes the release of tiny fibers that people who worked around it inhaled. Workers could even bring the asbestos dust home on their clothes or in the hair exposing family members to the danger.
Once workers breathed in asbestos fibers, they would become trapped in the body and could cause harmful diseases such as mesothelioma. The body would try to exhale or remove them and when it was unable to do so, inflammation would occur. Although the association between asbestos exposure and mesothelioma became apparent in the 1960s, many businesses did not adhere to regulations limiting workers exposure to the harmful substance. Therefore, if you have been exposed to asbestos in a past job, you may want to learn how to start a mesothelioma lawsuit to see what your options are
Featured Video: Filing a Mesothelioma Claim
Because of the strict statute of limitations, individuals who want to start a mesothelioma lawsuit may not have a lot of time. People who were exposed to asbestos may be entitled to some form of compensation from the company that exposed them to mesothelioma. Watch this short video to learn how to file a mesothelioma claim.
Step 1: Find a Mesothelioma Attorney
In order to initiate a lawsuit against a company who may have illegally exposed you or a loved one to mesothelioma, start by finding a lawyer who specializes in this disease. There are plenty of law firms out there that would take your case; however, it is important that the firm you choose be familiar with all the aspects of mesothelioma. Do your homework before signing any contracts with a lawyer or a firm. Ask questions such as how many mesothelioma cases they previously handled and how many of those did they win. You may also want to verify that the lawyer you choose works on a “no win, no fee” basis. What that means is, they will collect their payment out of the compensation that they receive for you in lawsuit. If you do not win your case, they do not collect any fee.
Sites are available that allow you to submit your claim information or questions to a firm and a mesothelioma lawyer will contact you. http://www.mesolink.org/legal-guide/mesothelioma-lawsuit-faq.html The telephone book is another good place to find a mesothelioma lawyer if you do not have access to the internet.
Step 2: Decide on your Options
There are a variety of ways that lawyers can win a mesothelioma lawsuit for a client. One of the options for filing a mesothelioma claim is product liability. Product liability occurs when a product, in this case one containing asbestos, is defective. If this occurs, someone working around it could inhale asbestos fibers and become ill. The second type of claim that you could make is workers compensation. Workers compensation claims are for people who were exposed to asbestos on the job and hence developed mesothelioma. Because mesothelioma can take as many as fifty years for symptoms to occur, people may be advanced in age when they become ill. As well, the company that exposed them to asbestos could have gone bankrupt. Federal laws cover this type of occurrence. http://www.mesolink.org/legal-guide/mesothelioma-litigation.html Wrongful death is another option for folks considering a mesothelioma lawsuit. Wrongful death occurs when the patient has died from mesothelioma and a family member is filing a lawsuit. One other suit to keep in mind is a medical malpractice suit. This generally occurs when patients are not properly diagnosed with mesothelioma and received delayed or improper care. This may be difficult to prove; however, because the symptoms of mesothelioma are non-specific and the disease is quite hard to diagnose.
Step 3: Gather Copies of Records and Documents
Once you have been formally diagnosed by a doctor with mesothelioma, keep copies of all your medical records. This includes any tests, X-Rays, CT Scans, MRIs, biopsies or any other type of medical proof that you indeed have contracted the disease. Obtain copies of your medical history and records of any symptoms you have experienced. You may have seen doctors for several years before being properly diagnosed or you may have seen more than one doctor. If you talked to another doctor and received a second opinion, keep those documents as well. Be sure you collect all documentation from each medical professional you’ve seen with regards to your illness.
Collect any records that verified you were employed by a company that handled asbestos and that you handled asbestos-containing materials in your job. This is important for determining who is responsible for you being exposed to asbestos. If you have records such as old tax forms, pay check stubs, letters of reference or other information that proves you were employed by such a company, take them with you to meet with your mesothelioma lawyer.
