Mesothelioma Claims
Mesothelioma Lawsuit
Mesothelioma Settlements
Mesothelioma Settlement Time Frame

How Does Asbestos Cause Mesothelioma?

Mesothelioma is an offensive form of cancer that usually occurs in the pleural but can also originate around the testes, pericardium, and peritoneum. Mesothelioma Claims are related to constant exposures to the mineral Asbestos. Asbestos is outlined as the leading risk factor that results in the development of mesothelioma symptoms. Mesothelioma and other asbestos diseases are often related to occupational exposures. Even in Countries where commercial extraction of asbestos is restricted, past occupational exposures are still an integral part of the system. In recent times, though environmental asbestos exposure pathways are also taking their toll on patients. Hence, for health experts, understanding the ecological pathways is a crucial element of future mesothelioma risk.

Asbestos is a fibrous mineral that has properties which make it resistant to degradation. These properties have prompted their use in different industrial applications.  Its world production is expected to remain stable in the coming future, at roughly two million metric tons from places such as Russia, China, and Kazakhstan. Regulated asbestos is usually classified under the amphibole group and the serpentine group that includes chrysotile. These classifications aid experts in characterizing extraction products and differences in diseases.

Basis for Mesothelioma Claims

Every legal claim with regards to pleural mesothelioma is based around the failure of the defendant in providing the appropriate safety mechanism against asbestos products. The legal theories behind the asbestos liabilities are known to most employers and company executives.  Asbestos victims were able to claim mesothelioma compensation payouts from employers who failed to warn them . Hence, the perception is that people can claim benefits with the slightest of link with asbestos. However, the claiming reimbursements for asbestos exposures are based around the specific facts of the case.

Following the Process

Your attorney will need to file the case in the court and will send all the relevant documents to all the related parties. Once the papers are distributed to the defendants, more evidence and document filings take place, which leads to a settlement. The defendants have a particular time frame, in which they have to furnish an answer, where they typically deny all the claims. If the claimants cannot point a sufficient legal claim that the court has the right to exercise a motion to dismiss. This typically ends the proceedings of the case.

Otherwise, the trial will continue with evidence from both sides. The defendants will look to minimize their legal liabilities as much as possible. This will involve gathering more evidence, documents, witnesses, and medical records. However, there is no guarantee of the trial going on for a specific period, as you could be deposed early in the piece. The facts gathered by the attorney will be used to prove the injuries and how the defendants failed in providing the appropriate duty of care.

Reasons to File for Mesothelioma Claims

Filing a claim for asbestos exposure holds people accountable for something that can lead to a terminal illness in mesothelioma. Perhaps the main reason for filing such claims revolves around the element of compensation. Treatment for Mesothelioma is costly which involves multiple surgeries, doctor appointments, medical bills, and other related costs.

There are also opportunity costs arising from the procedure including the medical expenses not covered by insurance including lodging, funeral, mental distress, suffering, lost wages, and others. Your lawyer will look to establish an amount for your Mesothelioma Claim that should include all the expenses mentioned above. This is usually based on the specifics of the case and the different laws about every state. When there is more than one defendant involve, they need to share the value of the claims. It may also be possible for the attorneys to settle the case on behalf of defendants but if the dispute continues to exist, then the case will go to trial. Hence, it is always advisable to contact an experienced pleural mesothelioma attorney

Options for Filing Mesothelioma Claims

There are several options for people to explore in an asbestos claim including traditional lawsuits, Social Security Disability claims and, asbestos trust fund claims. The military veteran may also be eligible to file such claims with the U.S. Department of Veterans Affairs (VA). Bear in mind, most of the lawsuits never go to a trial; hence it is better to settle these claims with the company or choose an experienced attorney.

These medical problems are typically the result of the company’s negligence or failure to warn employees. Hence the lawsuits may involve compensation for several types of damages.

There are mainly two types of Mesothelioma Claims. These include Personal Injury Claims and Wrongful Death Claims. The support of the attorney is pivotal in filing the right claims and extracting the best possible outcome.

Types of Mesothelioma Claims

Personal Injury Claims

An individual whose diagnosed with mesothelioma files a Personal Injury Claim. mesothelioma lawsuit settlement amounts involve lost income, mental and physical suffering, and medical expenses. A personal injury claim is a lawsuit an individual can file after they are diagnosed with mesothelioma. Lawyers can determine what additional expenses can or should be covered. Hence it is essential to have all the financial and medical records about the illness.

Wrongful Death Claims:

These claims are filed when a loved one dies of mesothelioma. If the claimant is on a Personal Injury Claim, dies as a result of the disease, his or her family members may become the plaintiffs and this then gives rise to mesothelioma compensation for family members. If the claim was never submitted, to begin with, then they have the right to apply on their behalf.

Bankruptcy Trusts:

In recent years, companies linked with asbestos manufacturing have declared bankruptcy. However, it does not always mean that the companies are out of money. Most asbestos companies declare bankruptcy in efforts to reorganize their structure.  

Worker Compensation:

Worker Compensation rules vary from one state to the other.  Most of these laws change from year to year. If you are diagnosed with the asbestos illness, then a worker compensation may be an option to explore. These compensations will cover medicals bills and other related expenses. However, eligibility and payment are two different aspects that need to be scrutinized in depth. The issue with Worker Compensations is that the amounts cleared concerning these options are often much lower than a traditional lawsuit. Hence the claimants and their lawyers need to adjudge which option is better for them. In these claims, the manufacturers of these products are held accountable rather than a particular individual.

Veterans Benefits:

The individuals who served in the US armed forces are at risk of developing mesothelioma due to high levels of asbestos in barracks, military parts, tools, pipe coverings, and machinery. The US navy is most at risk for these issues. Hence, veterans are entitled to claim compensations for injuries and illness from military service. They can seek disability compensations, VA healthcare and indemnity compensation.  The United States Department of Veterans’ Affairs regulates these claims. It is fundamentally not a lawsuit, as you are not suing the government. They are nontaxable payments made to veterans with disabilities, and one of these disabilities is mesothelioma.

Disability Compensation:

Disability compensation is a benefit given to people who were injured or developed illnesses later on, as a result of their time in the military. These claims are used to compensate for lost wages and the mental and physical suffering from the disease.

Special Monthly Compensation:

These special compensations are available for the veterans and all those who are involved in providing them care. Hence, it’s a compensation for the caregivers which may include spouses, children, relatives, and others. These claims can help with bearing monthly expenses of nurses, therapists, medical expenses and others.

Mesothelioma Trust Fund Claims:

Mesothelioma trust fund claims are available from companies that manufactured products containing asbestos,  mined asbestos, or that exposed workers to asbestos. There are many mesothelioma trust funds across the country, but you can only file a claim against the trust fund set up to fund victims responsible for your exposure. When these lawsuit battles began, a company’s started filing for bankruptcy protection. US lawmakers, however, quickly passed the bill to protect the workers as much as possible. Some of these mesothelioma claims centers include Owens Coming, Eagle-Picher, and some of the most significant attorneys include Halliburton, USA Gypsum Company, and W.R Grace.

Nature of Mesothelioma Claims

The nature of the claims is based around the entitlement to compensation for your current or future conditions. Hence, you can claim final damages or provisional damages with regards to your health. Therefore, professional legal assistance is a must to tackle such problems.

Final and provisional damages

In final damages Mesothelioma Claim, you are usually under compensated for your future condition. When you claim for final damages, you receive amounts based on the risks you face currently (including lost earnings and related compensation).  When arguing for provisional damages, you are compensated for future conditions only if you contract any of the specified future risks. If you contract a more severe disease, you’ll be able to claim a higher amount as well. Hence, the younger you are, the better is to claim provisional damages.

The Legal Process

Duty of care

As with any case, it is imperative to establish why the duty of care was owed to you. There can be a variety of situations, such as asbestos exposures to workers families and having lived near a factory manufacturing asbestos products. Hence, the professional legal advice is needed at all times. Then the negligence in providing the duty of care needs to be proved which is often specifies in the Factories Act and the Parliamentary Acts.  Damages need to be established with the help of corresponding medical reports.

Causation

The goal is to establish a link between the asbestos-related diseases, and the defendants. There can be several intricacies in finding links, to the defendant. For example. Asbestos could cause a chain smoker with lung fibrosis in conjunction with smoking. In case of lung fibrosis, there can be a variety of agents; hence, causation is the key for developing the case.

Mesothelioma Lawsuit Statute of Limitations

The mesothelioma claims time limit for court action is around three years. In fatal cases, it starts on the date of death or when the person bringing the case became aware of the disease. Limitations can present problems in the case, and it is wise to consider these aspects before they are brought to a particular trust fund.

Types of Asbestos Exposure

Para-occupational exposure

The term para-occupational exposure relates to workers transporting fibers to the household setting. The concept related to the indirect exposure from a high-risk occupational environment. It is widely considered that para-occupational fiber exposure is the most closely connected to the professional setting then all other types of vulnerabilities. Over the past few decades, several cases were reported among family members of workers with likely asbestos exposure. Some of these industries include shipbuilding, mining, cement manufacturing, and insulators. An early case series report showed how 20% of females were at risk of asbestos exposure due to their husbands or fathers.

In the United States from 1990 to 2005, almost 40 confirmed cases were identified among people, predominantly family members, of asbestos-exposed workers. Several studies were conducted to investigate the relationship between para-occupational exposures and the risks of contracting mesothelioma. A case-control study in Yorkshire, England showed that 50% of 185 mesothelioma deaths in the region were due to para-occupational exposures.

Environmental exposure from industrial operations

Another aspect of asbestos exposure revolves around the Environmental exposure from industrial operations. The residential communities providing workers for these industries are subject to neighborhood contamination.  Environmental exposures underpin the mesothelioma compensations for family members.Exposures from these sources can occur via processing, ventilation, waste disposal, or the local use of waste products. Few studies at the national scale have been conducted to evaluate the relationship between the variables.

A population base control study in Britain showed conflicting findings in the link between mesothelioma and potentially hazardous sites. However, a study in France, indicated otherwise, as it suggested that the highest standardized incidence ratios (SIRs) for mesothelioma were among women with no indication of asbestos exposure occurred in many of the same districts that had high SIRs among women with occupational exposures. The authors of the report highlighted how the findings were similar to ecological studies and hypothesis from previous researches. The Italian national registry of malignant mesothelioma provides one of the more detailed studies in recent times with regards to individual level asbestos exposures due to different pathways.

A recent evaluation by the organization, among three communities with large asbestos cement manufacturing facilities, roughly 40 percent of all individuals’ exposures was attributable to environmental causes. Another study in Italy, Spain, and Switzerland, separated subjects confounding from para-occupational exposure and environmental exposures. The results clearly showed that subjects living within 2000 meters of asbestos mines, cement plants, textiles, shipyards, or brakes factories are associated with higher risks of mesothelioma

Commercial asbestos-containing products

Beyond the resident populations, there are hundreds of commercial products that contain asbestos used throughout the world for various purposes.  These products are varied and include automotive brakes, textiles, adhesives, insulation, ductwork parts and roofing and flooring materials.  Asbestos products are banned in over 50-60 countries, but the majority of the world population live in areas where asbestos products are in use today. However, assessing the linkages of these products to their exposure potentials and the associated risks with of mesothelioma is difficult.

U.S Disease Center Estimates

The U.S. Centers for Disease Control and Preventions estimates that roughly 1.3 million industry workers are exposed to asbestos in the USA, during renovations and demolition of buildings.  The concerns are further highlighted by the widespread use of attic insulation products such as Zonilite Attic Insulation (ZAI). This product originated asbestos-contaminated mining site in Libby, MT. The product is used extensively in home and commercial buildings. The product was processed at over 200 sites then locally distributed and sold. Estimates of the homes using ZAI range in the millions. The daily activities such as maintenance, cleaning, remodeling, and other activities can generate airborne amphibole asbestos exposures that profoundly affect exposure limits. 

However, ZAI contains about 0.1% of asbestos, which is lower than the 1 percent that can trigger mesothelioma. Analyzing the associations between the product and mesothelioma is epidemiologically challenging to say the very least. In Western Australia, though as many as 5 % of mesothelioma cases between 1960-2008, were cases where the only possible exposure route was from home maintenance and related activities. Other reported activities attributable to this form of exposures include sanding asbestos cement walls, linoleum flooring or bathroom tiles, and transfer of asbestos cement sheeting as material for other building.

The authors of this Western Australia study believe that home renovation is a rising contributor to mesothelioma rates.  In support of this notion, a survey of 3500 adults in New South Wales, found that 44% of respondents renovated their homes recently and 50% of DIY renovators reported asbestos exposure. It also showed a substantial likelihood. Hence the ongoing exposure to asbestos-containing building materials increases the possibility of contracting mesothelioma.