Mesothelioma is a serious form of cancer that results from exposure to asbestos. You may have suffered exposure due to a job where you worked with materials which had asbestos in them. The lungs and abdomen are the two areas of the body most commonly affected by the condition. The diseases are known as pleural mesothelioma and peritoneal mesothelioma.
Approximately, 3000 cases are diagnosed every year in the US alone. If you or your spouse, parent, sibling or other family member have been diagnosed with this condition, you may be entitled to compensation. Contact us right away for a free consultation. We represent people who have been diagnosed with this condition, and we can get you the compensation you deserve.
Filing a Claim for Mesothelioma
Table of Contents
You should file a claim right away if you’ve been diagnosed with this condition. Each state has its own statute of limitations, which means you don’t want to delay or you may lose out on compensation. If you have filed a claim with the responsible party and have not received compensation, it’s time to take the next step and hire an attorney who will fight for your rights.
Your attorney should understand and know how to apply all relevant laws as well as all aspects of mesothelioma such as:
- Where asbestos comes from and what makes it dangerous to humans
- What industries use asbestos and how employees are exposed
- The current and estimated costs of mesothelioma treatment
- Specific state rules regarding filing mesothelioma injury claims
- How mesothelioma severely affects the lives of the victim and their family
Your entire work history may need to be investigated so your attorney can determine where and how you were exposed to asbestos. Your attorney will need to help you determine if filing a trust fund claim is a better option for your situation, or if you would be better served by filing a mesothelioma lawsuit.
We will review your case and fight for your rights, so you can focus on taking care of your health and getting the treatment you need. Our legal team will begin an investigation right away, reviewing your employment history and your medical records. Through our research, we will be able to determine who was responsible for your condition.
Some companies whose employees developed mesothelioma from asbestos exposure have established trust funds for victims. Many were ordered by the courts to establish these funds to pay the claims of individuals who were diagnosed with mesothelioma. More than 60 trust funds have been established across the country, and experts believe that more funds will be created as the number of injury lawsuits will continue to grow as more people are diagnosed.
We have an extensive list of the companies that have established funds, funds that have closed, and funds that are woefully underfunded and we use this information to determine if you are eligible to file a claim with a fund, or if you should proceed with a mesothelioma lawsuit.
Choosing the Right Mesothelioma Law Firm
While you must focus on the medical implications and treatment for your diagnosis, you cannot forget about the legal responsibility as well. The liable party should be accountable for the dangerous situation they put you in as part of your job duties.
We will explain the process of filing a mesothelioma claim, so you can know what’s going on even while you focus on your health. This is why it’s important to find an attorney who understands this area of the law. You should find a law firm that offers a free legal consultation to hear your story before deciding on the next step. We will take as much time to answer your questions as you need to feel good about who you’re hiring for this claim. When selecting a law firm, you want someone with experience in mesothelioma cases. Our law team has handled cases in this area since 1990.
Complexities of Mesothelioma
There is no cure for mesothelioma, and the prognosis isn’t good. It often takes decades to develop symptoms. In many instances, the person suffered exposure over a longer time frame, but it can happen even after one exposure.
Asbestos enters the system through the person’s breathing. The fibers from the asbestos enter the lungs where they lodge in the tissue. Tumors may start to grow. These fibers may also be lodged in the lining around the heart and the abdominal cavity.
Symptoms often start off mild and may even be misdiagnosed for another condition. As time goes on, they worsen. You can expect any of the following symptoms:
- A dry cough
- Weight loss
- Shortness of breath
- Pain near where the tumor is located
- Problems with breathing
- Buildup of fluid
- Obstruction of the bowels
Normally, a doctor will run scans or take a biopsy to diagnose the condition. They may order a CT scan, MRI, PET scan or even a simple chest X-ray. If the test shows a growth, the doctor will usually perform a biopsy to determine the results.
An attorney who is experienced in this area of the law will understand how asbestos is found and why it’s dangerous. They will know which industries are most likely to have exposure and what treatment is used along with the average costs.
An in-depth investigation will be necessary to determine the time of your exposure and which employer or other party was liable. The legal team may review your medical records to note when you began showing symptoms.
Some companies set up a trust fund explicitly for these claims. If you can receive compensation for your condition through the trust fund, we will begin that process. If you cannot be compensated by one of the more than 100 trust funds in the United States for this purpose, we will begin the process for a lawsuit.
We will attempt to negotiate on your behalf to reach a satisfactory settlement with the liable party. Our attorneys are experienced in negotiation and can often resolve the case without the time and expense of a trial. However, if a resolution cannot be obtained, we can pursue a lawsuit.
You do not need to know where you were exposed. Our attorneys will conduct an investigation to find out these details and move forward with your case. You should seek legal advice as soon as you are diagnosed with mesothelioma to ensure you have the right to pursue compensation.
It can take several months for all the information to be gathered and for the case to go to court. We will keep you apprised of the progress of the claim while you concentrate on treating your condition.
If you have been diagnosed with mesothelioma, know that you aren’t alone. You can get the help you need through an experienced law firm with a successful track record in handling mesothelioma lawsuits.
Mesothelioma Lawsuit FAQs
If you were diagnosed with mesothelioma, you probably had many questions for your doctor about treatment options. If you are considering filing a mesothelioma lawsuit or a trust fund claim, you may have many questions about what to expect. Here we discuss some of the questions we are most commonly asked.
Do You Need an Attorney?
An experienced mesothelioma attorney will only benefit you and your case. When filing claims, an attorney who has an in-depth understanding of asbestos, asbestos-related injuries, and mesothelioma, and how these cases are different from other environmentally caused injuries and illnesses can help you determine if you are eligible for compensation from a trust fund, or if you will need to file a lawsuit for compensation.
Do You Have to Know Where and How You Were Exposed to Asbestos to File a Mesothelioma Claim?
It is helpful if you know how you were exposed to asbestos, but if you don’t, we can find out for you. We conduct detailed and thorough investigations into your work history to determine where you were exposed so we can determine if a lawsuit or a trust fund claim is best for your situation.
Is There a Deadline to File a Claim?
Yes, every state has a time limit as established in its Statute of Limitations. Your attorney should know the time limits for all trust fund claims as well as the limits for individual states, so the most important thing you can do is contact your attorney as quickly as possible after you are diagnosed with mesothelioma.
How Much is My Claim Worth?
Undoubtedly you have seen in the news or online multi-million-dollar settlements and awards for mesothelioma victims. But the fact is, how much your claim is worth depends on the individual circumstances of your case. Your attorney will discuss potential compensation for you after they have finished investigating the specifics of your case.
How Long Does a Mesothelioma Lawsuit Take?
There is no set timeframe for these types of cases, so how long it takes for the victim to receive compensation for their injuries can vary greatly. Some lawsuits settle quickly, sometimes before the court even hears the case, while others must go to trial to be resolved. After investigating your claims, your attorney should be able to estimate how long your case might take to resolve and whether your case can be expedited.
Do You Only Represent Clients from Texas?
No, the Pulaski Law Firm represents mesothelioma victims in all 50 states.