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MESOTHELIOMA LAW FIRM

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1. What is mesothelioma law firm?

Mesothelioma, also known as asbestos cancer, is a rare but deadly disease which affects the pleura (a thin lining surrounding the lungs) and other parts of the body. It is caused by exposure to asbestos, naturally occurring minerals which were widely used in various industries for their fire-resistant properties. The most common form of this cancer is lung mesothelioma, which is also known as pleural mesothelioma. Asbestos fibers can also attack the lining of the abdominal cavity, resulting in peritoneal mesothelioma. Additionally, mesothelioma cancer sometimes affects the pericardium, a sac which surrounds the heart, as well as other organs in the body.

2 What Does a Mesothelioma Law Firm Do?

Law firms specializing in mesothelioma are different from any other type of law firm. Whereas other firms may specialize in areas like car accidents or nursing home abuse, mesothelioma law firms focus primarily on mesothelioma and other asbestos related diseases.

It’s not recommended to retain legal representation from a general practice law firm or even a personal injury firm that specializes in a wide array of injury cases. You’ll need an attorney who specifically specializes in mesothelioma cases, as these types of lawsuits are extremely intricate and require vast, in-depth understanding of asbestos exposure and diseases.

Attorneys at these law firms have knowledge and experience regarding federal and state laws concerning asbestos use and its history in the workforce. They also have sharp investigative skills and are able to dig deep to uncover when and where companies and/or other entities exposed workers to asbestos. Additionally, these law firms are comprised of educated attorneys who understand the legal process involving courts, trials, settlements, and appeals.

“When dad was diagnosed with mesothelioma, our world was turned upside down. Not knowing what to do next, I researched and interviewed many firms. Some firms were nothing more than marketers. Others offered up call screeners to take my name and number. And then there was Mesothelioma Lawyer Center. It was with them that I found peace, knowledge and professionalism. They have done everything they said they would do and then some. Contacting Mesothelioma Lawyer Center was the best decision I could have made for my family.”

~ Dale R.

3. What Are Law Firm Fees?

Law firms may have different fees as well as different payment options. However, an experienced and caring law firm understands that victims of asbestos-related diseases more than likely have enough financial burden in dealing with their illness, and are unable to afford up-front fees for legal representation. As a result, many firms work on what’s known as a contingency fee basis, meaning that they only get paid when you get paid.

If the law firm doesn’t win your case, they don’t receive compensation either in most instances. The good news, however, is that a firm has to be confident enough in your case to take it on, meaning there is a good chance that if your case is picked up, it will be successful.

Law firm fees are percentages taken out of your total settlement or verdict amount, and again, the percentage amount will vary depending upon the firm. Make sure you understand how the fees and percentages work with the firm beforehand so that there will be no confusion later on.

If a law firm doesn’t provide a contingency fee basis, there is a good chance that they don’t have the financial resources to successfully prove your case. Keep in mind that you’ll want a firm that has the financial capability to take on your case on a contingency fee basis.

Attorneys without the resources to handle your case usually can’t provide you with the best representation. An ideal rule of thumb is to ask up-front about how the fees work so that there are no surprises later on. Attorneys with your best interest in mind will have no problems answering any questions you have regarding fees and prices.

4. How do I File a Mesothelioma Claim?

There are several different methods you can use for your claim process. Keep in mind that before starting you should seek the advice of an experienced mesothelioma law firm.

Bankruptcy Trusts: With the overwhelming amount of victims coming forward, several companies filed bankruptcy. However, this doesn’t mean that these companies and businesses are completely out of funds. In many instances, courts mandate that these companies set up a fund specifically for mesothelioma lawsuits, especially if prior lawsuits against the companies have been filed. It’s advisable to speak with your asbestos attorney to determine if the company you worked for falls under this category.

Litigation Claims: Litigation is the most popular type of claim. If you’ve been diagnosed with mesothelioma or any other asbestos-related disease, you probably already know how expensive treatment can be. However, along with treatments expenses, you may also be entitled to recover damages for emotional trauma, pain and suffering, loss of income, loss of enjoyment of life, and more. If the victim has passed away from an asbestos-related disease, loved ones and dependents have the right to file a wrongful death lawsuit on the victim’s behalf. Your attorney will be able to give you a more detailed list of what you may be eligible to be compensated for.

Veterans Claims: If were exposed to asbestos while serving in the military, you may be able to file a veterans claim. For more information on the qualifications, contact your local Veteran’s Administration. Your attorney will also be able to assist you with this.

Workman’s Compensation: Typically, workman’s compensation is not enough to cover all of your expenses if you’ve been exposed to an asbestos-related disease. However, you may be eligible for workman’s compensation along with other types of claims if you were exposed while working as an employee of a company. Speak with an asbestos attorney concerning this type of claim as it can get quite intricate.

5. What Type of Claim Should I File?

Mesothelioma claims encompass both personal injury and wrongful death claims.

Personal Injury Claims:

Personal injury claims are filed by surviving people who’ve been diagnosed with mesothelioma, but it can also be filed by a family member with power of attorney if the victim is too ill to start the claims process. The phrase “personal injury” means injuries that occur both physically and emotionally, although the laws for punitive damages will vary by state. It’s the most common type of tort claim in the United States. For mesothelioma personal injury claims, winning your case means that you may be to entitled to damages for:

Medical expenses related to your illness (past, present, and future)
Lost wages (past, present, in future)
Physical and emotional paid (related to your illness)

Personal injury claims can filed filed for any amount the plaintiff sees fit. For instance, in 2015, former Morehead State University (MSU) student and employee, Lewis Williamson, 61, filed a $1 billion lawsuit against the school after he developed asbestosis. Williamson claims that his time spent working and studying at MSU led to his illness because the school was filled with asbestos-containing materials, that were used when the school was constructed.

Williamson remembered he constantly had chest pain that was so severe that it prevented him from working at a new job he took. Eventually, he had to return home back to his hometown of Kentucky, where he was diagnosed with asbestosis.

“I got offered a job out west and got sick and spent around four years unable to work. I came back to Kentucky and sought medical care. The x-rays came back and said I didn’t have anything. But I had this constant pain.”

Along with seeking $1 billion to be set aside in trust funds for future claimants’ medical expenses, he’s seeking $1 million in lost wages, another $1 million in pain and suffering compensation, and $20 million in punitive damages for himself. As a nurse, Williamson says he feels obligated to try and help others, and he wouldn’t take a penny if it meant the $1 billion trust fund could be set up for other people who’ll eventually come forward to file claims against MSU.

“I don’t care if I get anything. Anyone who walks in those buildings is at risk to exposure. Until I publicize this they’re not going to address the situation. This has been going on for years, since 1980 at least. In essence, they don’t value the lives of their students, employees, and visitors…..They’re going to pay one way or the other. Too many people have been exposed.”

Wrongful Death Claims:

A wrongful death claim is filed against a party responsible for causing the death of a human, or in some cases, the deaths of numerous people. In mesothelioma cases, the responsible party is generally the manufacturer who sold asbestos to companies willingly, although they did so knowing the risks that asbestos poses on health.

In some instances, employers are also liable for wrongful death, particularly if they knew asbestos was dangerous but did nothing to protect their employees. Damages from wrongful death claims generally include:

The victim’s medical expenses associated with the illness

Funeral and burial expenses

Loss of consortium damages (depending on the state you live in)

Pecuniary damages, which includes loss of financial support to dependents and spouses

Damages for loss of parental guidance (if the victim had children and if your state allows this type of claim)

Damages for emotional and physical pain

Mesothelioma victim John Haspell is a example case of a successful wrongful death claim. Haspell, a former engineer, passed away from mesothelioma after being exposed to asbestos continuously while working at a chemicals plant in Greater Manchester, England.

Although the dangers of asbestos were well known in England during the 1960s-1980s while he worked at the plant, neither Haspell nor his co-workers were ever informed of the risks they were taking each time they went to work.

Following his 2010 death, Haspell’s family filed a wrongful death claim on his behalf, alleging that the chemicals plant should have done a better job in warning workers of asbestos risks and protecting them. They also alleged that the asbestos manufacturers should also be liable for supplying the toxic mineral to job site. The family won the wrongful death lawsuit for an unspecified amount.

6. When Should I File?

Keep in mind that every state has a statute of limitations that everyone must follow. Failure to file your claim within your state’s statute of limitations will result in you losing the opportunity to legally file at all. It’s also important to note that you may need to follow the statute of limitations for the state in which you were employed when the asbestos exposure occurred (if different from your current state of residence) and/or the state where the responsible companies are located. The following list is the most current statute of limitations for all 50 states:

Alabama: 2 years from diagnosis or 2 years from death for wrongful death statute
Alaska: 2 years from diagnosis or 2 years from death for wrongful death statute
Arizona: 2 years from diagnosis or 2 years from death for wrongful death statute
Arkansas: 3 years from diagnosis or 3 years from death for wrongful death statute
California: 1 year from diagnosis or 1 year from death for wrongful death statute
Colorado: 2 years from diagnosis or 2 years from death for wrongful death statute
Connecticut: 3 years from diagnosis or 3 years from death for wrongful death statute
Delaware: 2 years from diagnosis or 2 years from death for wrongful death statute
District Of Columbia: 3 years from diagnosis or 1 year from death for wrongful death statute
Florida: 4 years from diagnosis or 2 years from death for wrongful death statute
Georgia: 2 years from diagnosis or 2 years from death for wrongful death statute
Hawaii: 2 years from diagnosis or 2 years from death for wrongful death statute
Idaho: 2 years from diagnosis or 2 years from death for wrongful death statute
Illinois: 2 years from diagnosis or 2 years from death for wrongful death statute
Indiana: 2 years from diagnosis or 2 years from death for wrongful death statute
Iowa: 2 years from diagnosis or 2 years from death for wrongful death statute
Kansas: 2 years from diagnosis or 2 years from death for wrongful death statute
Kentucky: 1 year from diagnosis or 1 year from death for wrongful death statute
Louisiana: 1 year from diagnosis or 1 year from death for wrongful death statute
Maine: 6 years from diagnosis or 2 years from death for wrongful death statute
Maryland: 3 years from diagnosis or 3 years from death for wrongful death statute
Massachusetts: 3 years from diagnosis or 3 years from death for wrongful death statute
Michigan: 3 years from diagnosis or 3 years from death for wrongful death statute
Minnesota: 4 years from diagnosis or 3 years from death for wrongful death statute
Mississippi: 3 years from diagnosis or 3 years from death for wrongful death statute
Missouri: 5 years from diagnosis or 3 years from death for wrongful death statute
Montana: 3 years from diagnosis or 3 years from death for wrongful death statute
Nebraska: 4 years from diagnosis or 2 years from death for wrongful death statute
Nevada: 2 years from diagnosis or 2 years from death for wrongful death statute
New Hampshire: 3 years from diagnosis or 3 years from death for wrongful death statute
New Jersey: 2 years from diagnosis or 2 years from death for wrongful death statute
New Mexico: 3 years from diagnosis or 3 years from death for wrongful death statute
New York: 3 years from diagnosis or 2 years from death for wrongful death statute
North Carolina: 3 years from diagnosis or 2 years from death for wrongful death statute
North Dakota: 6 years from diagnosis or 2 years from death for wrongful death statute
Ohio: 2 years from diagnosis or 2 years from death for wrongful death statute
Oklahoma: 2 years from diagnosis or 2 years from death for wrongful death statute
Oregon: 3 years from diagnosis or 3 years from death for wrongful death statute
Pennsylvania: 2 years from diagnosis or 2 years from death for wrongful death statute
Rhode Island: 3 years from diagnosis or 3 years from death for wrongful death statute
South Carolina: 3 years from diagnosis or 3 years from death for wrongful death statute
South Dakota: 3 years from diagnosis or 3 years from death for wrongful death statute
Tennessee: 1 year from diagnosis or 1 year from death for wrongful death statute
Texas: 2 years from diagnosis or 2 years from death for wrongful death statute
Utah: 3 years from diagnosis or 2 years from death for wrongful death statute
Vermont: 3 years from diagnosis or 2 years from death for wrongful death statute
Virginia: 2 years from diagnosis or 2 years from death for wrongful death statute
Washington: 3 years from diagnosis or 3 years from death for wrongful death statute
West Virginia: 2 years from diagnosis or 2 years from death for wrongful death statute
Wisconsin: 3 years from diagnosis or 3 years from death for wrongful death statute
Wyoming: 4 years from diagnosis or 3 years from death for wrongful death statute

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