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Thursday, December 30, 2010

Guidelines for a Mesothelioma Lawsuit

Though the deadly effects of exposure to asbestos were documented years ago, it is still used in many commercial applications worldwide. Companies have made great strides to keep workers safe from the effects of asbestos exposure; however, each year many people still become the victims of corporate negligence and develop asbestos-related diseases.

If you or a loved one has been diagnosed with mesothelioma, you may be considering a lawsuit. Many Americans have received relief in the form of a legal award of compensation for damages or through a settlement with the manufacturer and/or employer. The relief may cover medical expenses, lost wages, and other related costs.

Each year, large corporations make billions of dollars, sometimes by risking the lives of the ones who work so hard for them. While most jobs have some kinds of risks, it is the employer’s duty to protect their employees and to let them know of potential risks. When these ethical duties are not abided to, a lawsuit also holds the companies accountable for their actions and hopefully prevents others from acting in such a callous and reckless manner.

A mesothelioma lawsuit should be considered with great care. Obviously, the defendant (the company being sued) will try to avoid paying any compensation, or by paying as little as possible. A company that works with asbestos or has worked with it in the past may have already been sued many times, and may already have a team of lawyers and a suite of defense tactics ready and waiting. They have experience and can use that experience gained over time to their advantage.

The most important aspect of initiating legal action is to locate an experienced mesothelioma attorney. Normally, people choose a lawyer based on the advice of someone they trust. In the case of an asbestos-related lawsuit, however, you need to take the decision process somewhat further than that. You need an attorney who know the ins and outs of this subject and has more knowledge and experience at this specific type of lawsuit than their opponent.

An experienced mesothelioma law firm will be able to help you through the complex legal process. They usually don’t charge the client for their services for the lawsuit, but they do receive a percentage (usually between thirty and forty percent of the total amount awarded to the client) from the mesothelioma settlement.

During the case there will be many decisions to make, especially if the defendant offers a settlement. Thankfully, a highly competent law firm with experience in asbestos-related cases can make this process much easier to go through.

(ArticlesBase SC #1264887)

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Saturday, December 25, 2010

Mesothelioma Lawyers and Mesothelioma Lawsuits- Do you need them?

Why File a Mesothelioma Lawsuit ?

Every year, thousands of people die or become ill due to the negligence of asbestos manufacturers. If this has happened to you or a loved one, you should look for a mesothelioma lawyer as soon as possible. You may have been powerless to prevent current medical problems, but you do have legal options. Hire a lawyer with extensive experience and knowledge of asbestos claims to help you receive compensation from those responsible.

Mesothelioma cancer, which is almost exclusively caused by asbestos exposure, and other asbestos-related illnesses are attributed to negligence of asbestos companies who knew about the associated health risks and decided not to tell employees or leak this information to the general public. As early as the 1920s asbestos companies were completely aware that their product not only causes harm to human health, but that it could also lead ultimately to the death of those exposed to the harmful asbestos mineral.

By the 1930s and '40s, medical evidence had clearly linked exposure to asbestos to the development of lung disease and deadly asbestos related cancers. Asbestos companies had been extensively warned of these dangers, but instead of choosing to use alternative substances (and many were available at the time), the industry chose huge profits over the preservation of human health. It is because of these unethical actions that asbestos manufacturers are held liable for the undue suffering they caused many people suffering from asbestos related disease.

As a result, those with mesothelioma have the right to seek compensation from the asbestos companies through the court system because of their criminal actions. Filing a Lawsuit against these companies that are responsible for your asbestos exposure will not only bring justice to the corrupt asbestos industry, it will also give you the necessary compensation for the costs, as well as pain and suffering, associated with asbestos-induced illness. The following include some of the expenses for which you can pursue compensation:

• Lost wages
• Medical bills
• Group support for you and your loved ones
• Funeral expenses
• Travel expenses relating to medical treatments
• Expenses not covered by health insurance

A mesothelioma lawyer can review even add more expenses that could be covered under your lawsuit, as each case varies. Make sure to save all medical and financial records relating to your asbestos-induced illness for this purpose.

Aside from providing these sorts of documents and answering questions about your condition and how you may have been exposed to asbestos, you will not have to be involved with other stages of the case. Mesothelioma lawyers understand that their clients are far too ill and concerned with spending time with their families to deal with the details of filing a lawsuit or attending trial. For this reason, mesothelioma lawyers handle every aspect and detail of the case.

Types of Lawsuits

There are two types of lawsuits you may rightfully file in asbestos injury cases. If a family member has passed away from an asbestos-induced disease, you can file a wrongful death suit. In a personal injury claim, the individual suffering with an asbestos-related illness must be the one to file suit. Specific rights in these lawsuits depend on the county and state where the case is filed.
Employees of companies who used asbestos are not the only individuals who have rights against asbestos companies.

Although the vast majority of cases are between employers and employees, other groups have rights as well. For example, if you have developed an asbestos-related disease because a spouse or family member worked for a company using asbestos, you may also have a case. Asbestos fibers readily attaches to and travels well on clothing and hair, making it easy to track home after working around the material.

Having a mesothelioma lawyer is essential to successfully file suit against a corporation in an asbestos-related case. Although you have the legal right to pursue compensation, the entity being sued also has the legal right to try to disprove your case, and this is why it is so important to hire an experienced mesothelioma attorney who has the knowledge and experience to bring justice to those responsible for your illness.

(ArticlesBase SC #1112599)

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Monday, December 20, 2010

Understanding Mesothelioma Lawsuit Procedures

If you have been diagnosed with mesothelioma, you should understand that #1) legal precedent and case law, as well as public record, favors the plaintiff in such cases, and #2) mesothelioma lawsuits are usually long, drawn-out and stressful procedures that may take years to complete. There is no question of liability; for over 30 years, it has been public record that companies (as well as the federal government) have known of the dangers of asbestos, yet deliberately hid the information for financial gain. However, understanding the procedure for a mesothelioma lawsuit is key to a successful outcome.

Clear medical records are the first step in this procedure. The defense attorney will make every attempt to show that your sickness is not the fault of the defendant. They will put your medical and insurance records under close scrutiny to see if you had any possible lifestyle issues or conditions that might have led to your asbestos cancer.

This is why it is crucial to get a diagnosis from a qualified, experienced cancer specialist. All of the medical records should establish beyond a doubt that you #1) had no prior knowledge of your condition, and #2) that the diagnosis has been confirmed by specialists as being mesothelioma.

Once the documentation of your diagnosis is established, it is important to find qualified legal counsel as soon as possible because all states have a statute of limitations (a time limit) on filing a mesothelioma lawsuit. This statute ranges from 1 to 3 three years from the date of your diagnosis. In addition, mesothelioma is an aggressive disease. Some victims manage to live with it for as long as ten years, but sadly, most succumb within a year.

Once you have found a mesothelioma attorney knowledgeable about mesothelioma and asbestos issues, s/he will ask you for information with which to file the formal complaint. Once the complaint is prepared, a copy will be hand-delivered to each named defendant by a process server. Usually, the defendant's legal department will file a motion with the court to dismiss the case in response to the complaint. They may claim that the complaint was not filed properly, that the statute of limitations is over, or that the grounds for the action are either unclear or unvalid. An asbestos lawyer is trained to write the complaint so as to leave as little discrepancies as possible.

The discovery phase is the period during which both sides gather information. Evidence is then examined, analyzed and organized; subpoenas are issued to witnesses; experts in chemistry, medicine, and industrial sciences are hired to offer testimony; sworn statements known as depositions are taken and filed. An any time during the process a settlement may be offered in order to bring the case to a close. An experienced mesothelioma attorney is crucial in advising the plaintiff whether an offer is reasonable or not.

(ArticlesBase SC #1506486)

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Wednesday, December 15, 2010

Is Filing a Mesothelioma Lawsuit a Choice You Should Consider?

Since the beginning of the twentieth century asbestos manufacturers knew that the products they were making exposed millions of people to life-threatening health risks. And yet they continued to manufacture their products and selfishly ignored the fact that what they were selling was literally killing people.

In their pursuit of profits they willingly chose to sweep this knowledge under the rug and look the other way.

Many companies were banking on the fact that it often takes decades before mesothelioma cancer, which is one of the asbestos-related diseases, to appear.. Since asbestos had been widely used since the Industrial Revolution, and, because its use grew exponentially during World War II, a huge number of people began to get sick and die from mesothelioma during the 1970s.

Although it took many decades before the public became aware and outraged at this blatant disregard to their wellbeing the tide began to turn during the 1970s.

At that point, numerous attorneys began to make a concerted effort to help people who had been victimized by the asbestos manufacturers and their insurance companies who knowingly went along for the ride.

Some people believe that you have to have worked for an asbestos company in order to file a mesothelioma lawsuit. This is not necessarily the case. Even if you believe that you were unwittingly exposed to asbestos in any way you might want to meet with a mesothelioma attorney as a prerequisite to filing a mesothelioma lawsuit.

Mesothelioma litigation can be a long and drawn out process. Before you decide whether you want to initiate a mesothelioma lawsuit it will help if you understand your options and what legal rights are available to you.

If you have become ill and have been diagnosed with an asbestos related disease then one of the things that you must be aware of is that your ability to file a mesothelioma lawsuit is restricted by a statute of limitations. This well defined time frame within which you must file your lawsuit varies from one state to another.

If you attempt to file a lawsuit after that time period has expired your chances of winning your case will have diminished dramatically.

To ensure that the law can protect you mesothelioma lawyers will have to figure out when and how you or your loved one was exposed to asbestos fibers. You should also know that even if your loved one has died you could still have the right to file a mesothelioma lawsuit.

An experienced mesothelioma attorney can explain mesothelioma lawsuits and answer all of your questions in depth.

(ArticlesBase SC #3061212)

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Sunday, December 12, 2010

Essential Facts About Mesothelioma Lawsuits

Mesothelioma is a rare form of cancer that is caused by exposure to asbestos. The most common form of the disease affects the lining of the lungs, while more rare forms affect the lining of the chest or abdominal cavity. While this disease is uncommon, it is always fatal, with an average survival time after diagnosis of just one year. If the disease is diagnosed early, around twenty percent of patients may live up to five years.

If you have been recently diagnosed with mesothelioma, you may be feeling as though your life has been turned upside down. There is so much to do-finding out as much information as you can about the disease and treatments, trying to determine how and when you were exposed to asbestos, and, unfortunately for many people, trying to get help with the costs associated with this devastating disease.

If you fall into this last category, it may be of some comfort to know that you will be able to seek legal help in filing a mesothelioma lawsuit. Winning a mesothelioma lawsuit can not only help recover the cost of treatment, but can also provide compensation for lost earnings, and the pain and suffering that this disease causes in its sufferers. In addition, even if you do not have much time left to you, your loved ones will be more assured of being financially secure after your death.

Before seeking legal advice, it is important to have as many facts about your case as possible. Because almost all cases of mesothelioma are associated with asbestos exposure, if you are diagnosed with the disease it is very likely that you were exposed to asbestos at some point. However, because symptoms may not appear for up to forty years after exposure, it is also important to be able to pinpoint with as much accuracy as possible how and when the exposure occurred.

If you were exposed at work, for example, you should try to recall your occupation at the time, and what type of work you were doing when you were exposed to asbestos. If the exposure occurred at home, it will be important to determine how your home was exposed to asbestos. A successful mesothelioma lawsuit will require that your information be as accurate and detailed as possible, because the nature of your exposure to asbestos will determine who should be held legally responsible for your having developed mesothelioma.

To ensure the success of your lawsuit, your lawyer will need as much information as you can supply, and it is also important to supply this information as quickly as possible. This can be difficult to do at such a stressful time, but it is essential because each state has a statute of limitations that governs how long a period of time you have in which you can legally file a mesothelioma claim. Note that the statute of limitations is based upon the time of your diagnosis, rather than when your asbestos exposure occurred. Depending on the state you live in, you may have between one and three years to file a lawsuit once you have been diagnosed with mesothelioma. In most states the limitations period is two years, and in some states this is three years or more.

Most mesothelioma lawsuits are conducted to cause as little inconvenience as possible to the person making the claim. In many cases settlement can be made out of court, and depending on the circumstances, a case may be expedited so that it can be resolved more quickly. If you decide to file a claim, you will be required to sign documents that allow your lawyer to gather medical information relevant to your case, and will likely need to give a deposition, in which you will answer questions from the defendant's lawyer, and perhaps your own lawyer as well. In some cases, you may also be asked to supply video footage or testimony that documents how your life has been affected by mesothelioma.

For the most part, law firms that deal with mesothelioma cases do so on a contingency basis, meaning that you will not have to pay any fees until your case has been won. If you are awarded compensation as a result of the lawsuit, your lawyer will be paid a fee from that money; if you are not awarded any compensation, you will likely not have to pay any fees at all.

(ArticlesBase SC #232578)

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100 Questions & Answers About Mesothelioma, Second Edition [Paperback]

Product Description
Whether you re a newly diagnosed Mesothelioma patient, a survivor, or a friend or relative of either, this book offers help. Completely revised and updated for this second edition, this is the only book to provide the doctor s and patient s views. 100 Questions & Answers About Mesothelioma, Second Edition gives you authoritative, practical answers to your questions about treatment options, post-treatment quality of life, sources of support, legal options, and much more. This outstanding team of authors led by a world-class lung disease expert and including an insider s comments from the wife and caregiver of a patient provides an invaluable resource for anyone coping with the physical and emotional turmoil of this frightening disease.
Product Details

* Paperback: 168 pages
* Publisher: Jones & Bartlett Publishers; 2 edition (June 11, 2009)
* Language: English
* ISBN-10: 0763771236
* ISBN-13: 978-0763771232
* Product Dimensions: 8.9 x 6 x 0.4 inches
* Shipping Weight: 2.4 ounces

Surviving Mesothelioma and Other Cancers: A Patient's Guide [Paperback]

Review
Paul Kraus' book has all the information a cancer patient needs to have to learn what survival behavior is about. -- Bernie Siegel, MD author Love, Medicine and Miracles and Help Me To Heal --Bernie Siegel, MD
About the Author
Paul Kraus was born in 1944 in Austria and migrated with his parents to Australia as a young child. He received his BA at Macquarie University and a Master of Arts and Education from the University of Sydney. For most of his working life he has been a high school history teacher. It was during a summer vacation job as a university student that he was exposed to asbestos. Over thirty years later he was diagnosed with mesothelioma, the asbestos related cancer. Today, he works as a freelance writer and journalist. He, his wife and their two miniature schnauzers live north of Sydney in the city of Newcastle. More information about Paul Kraus and his story can be found at his website: survivingmesothelioma.com