Cases Involving Mesothelioma

Diagnosed with malignant mesothelioma can be quite devastating, because there is virtually no cure for this disease. Although treatment of the disease in its early stages can help prolong the lives of more than five years, the prognosis tends to be much shorter. As the cost of treatment can be quite high, it is a good idea to examine all legal possibilities, we may have to compensate for medical expenses and lost income.

Mesothelioma is usually caused by prolonged exposure to asbestos, and usually occurs in the workplace. Since 1977, it was common knowledge that some companies have experienced the dangers of asbestos, but suppressed the information. In other cases, the company has simply not aware of any danger, but should have.

The cause in which the effects of exposure to asbestos took place in 1929. Although there is no evidence in this case extended, was the first to bring attention to the dangers of asbestos. In 1970, the Clean Air Act was introduced, and the Environmental Protection Agency says the first time that asbestos is a pollutant, but does not monitor the ban. In 1982, in front of 16 000 legal actions, the Johns Manville Corporation filed for bankruptcy. Court documents said the company official Manville knew of the dangers of exposure to asbestos, but to suppress this information to their employees. At times, this was the largest company failure in U.S. history. The following Manville bankruptcy, many other manufacturers soon followed suit, because a growing number of lawsuits.

Recently, in 2010, in Los Angeles woman collected more than $ 200 million settlement is due to the negligence of asbestos. Many other high-profile cases have led to major awards will take several years.

If you have been diagnosed with mesothelioma, which is a good idea to hire an attorney who is experienced in treating mesothelioma litigation. In many cases, case law and case law is favorable to the plaintiff. However, it is common that these cases can be drawn from it for a period of years. The aim of these actions is to improve the financial situation of the patient and his / her family, especially if they are the primary household responsibility.

Malignant mesothelioma cases tend to have a higher success rate than non-malignant conditions such as asbestosis. Although this is a positive step, it is still necessary that the defendant had all the paperwork in order before the filing of the complaint.

The first step is to ensure that all medical records are in order. The defense is going out of their way to prove that his illness was not caused by the actions of his client. They look at your medical records and insurance claims to doubt that exposure to asbestos caused his illness by suggesting it may have been their own actions in a way. The reason I do this because mesothelioma is caused almost exclusively by exposure to asbestos and many would walk to the search for a favorable decision and compensation.

In this spirit, it is imperative that your diagnosis of mesothelioma was a qualified doctor, as an oncologist or cancer specialist. The diagnosis should include X-rays, CT and biopsy. Medical records must show beyond a reasonable doubt that your diagnosis is mesothelioma, and you had no prior knowledge of the state prior to diagnosis.

Since time is of crucial importance because of poor prognosis for many patients diagnosed with mesothelioma, the next step is to immediately hire a qualified lawyer. When you find such a lawyer, they will need all your medical documentation to file a formal complaint with the court. The complaint will then be given to each defendant named in the complaint.

Typically, counsel for the defendant lodge an immediate motion to dismiss the complaint. However, a lawyer with experience in such cases, leave little room for the appellate court to dismiss the case. To help ensure that is the case with your complaint, your lawyer may ask you specific information about your work, your job title, specific asbestos products that could have been handled in your workplace , contact information for employees, and signed releases that will allow your lawyer to review your medical record.

After the defendants received the complaint, the desire to respond or else risk a sentence in absentia. Once they do, the discovery phase of the persecution begins, both parties shall meet, organize and analyze evidence by reviewing records, interviewing witnesses, experts, etc be warned hired to testify and statements affidavits can be made. All evidence and witnesses will be available to the plaintiff and the defendant. At some point, you, the patient may be questioned by defense lawyers. This may be during the discovery phase, and again during the trial.

Whatever the outcome, despite the possibility of a favorable ruling, a person diagnosed with this terrible disease should consult a lawyer. As mentioned, treatment costs are high, and if the forecast is unfavorable, can help the family cope with the fatal result of a better light. Mesothelioma is a dreaded disease, where the main cause was asbestos exposure in the workplace. Therefore, any patient diagnosed with the disease should seek redress for themselves to help offset the high costs of treatment and lost income.