Mesothelioma Compensation
Patients suffering from asbestos-related illnesses are entitled to receive compensation. Compensation amounts depend on the severity of their diagnosis as well as the asbestos trust funds they file claims with.
Your attorney will review your medical and work history to determine the risk you face. They will then determine the companies and products you should include in your claim.
Occupational Exposure
Asbestos exposure was a serious issue for workers in a variety of different industries in the past. Even though asbestos is no longer employed in most industries, the dangers remain for those who are exposed. Occupational asbestos exposure can lead to serious illnesses such as mesothelioma.
Asbestos can break apart into tiny fibers floating in the air and stick to clothing and other objects. The fibers can be breathed in or swallowed, which can cause sickness. Mesothelioma and other asbestos-related diseases originate in the lungs, heart, abdomen or other areas. People who are exposed to asbestos at work may develop these problems particularly when they were younger and working. Since it takes between 20 to 50 years for mesothelioma to develop, many people are diagnosed after retirement or after leaving the job which exposed them to asbestos.
The risk of mesothelioma from occupational exposure peaked in the 1960s and 1970s, however, this type of exposure persists today. There are asbestos-containing substances in many structures, homes, and other locations. Asbestos is found in a variety of construction materials such as flooring and insulation products. Construction workers as well as those involved in demolition and renovation projects are at risk. People who work with shingles, or other roofing materials also run the danger.
Workers in factories also risk exposure to asbestos. They include machinists, mechanics of certain kinds and others. In the past, asbestos was employed in many factories to make chemical products, textiles and paper. These factories no longer exist.
Shipbuilders are also at risk from asbestos exposure. Ships were constructed with asbestos throughout history to provide insulation and protect them against fires. This is the reason mesothelioma is frequently associated with the Navy.
Asbest exposure is also a risk for first responders like firefighters. The fires they fight could destroy asbestos and cause fibers to become airborne. Certain firefighting equipment is composed of asbestos. This exposure puts emergency personnel at increased risk for mesothelioma and similar illnesses. Other workers may carry asbestos particles home on their clothes, skin or hair and expose family members to the same exposure too.
Premises Liability
While most asbestos cases are related to occupational exposure, there are claims of non-occupational exposure. These claims often involve asbestos being used in schools, homes, and other structures. The presence of asbestos in these areas puts occupants at risk for developing serious respiratory problems. These conditions can lead to mesothelioma, mysothelioma pleural or other asbestos-related diseases. In these cases, victims and their families can choose to file an action against the property owner.
When the dangers of asbestos were made known, worker protection laws were put in place. These laws restricted, but did not ban the use of asbestos. Workers were still exposed to the toxins in their job, however, as asbestos products continued to be used in construction projects throughout the United States.
Asbestos-related illnesses can take years to be diagnosed, which makes it difficult to determine. The symptoms usually start in the lungs, but they can also affect other organs such as the stomach, liver, or heart. The onset of these symptoms can be stressful and scary for patients and their families.
If a person has lived in a home or apartment that contained airborne asbestos or asbestos, they could be able to file a premises liability lawsuit against their landlord. This type of lawsuit may result in compensation for medical costs as well as pain and suffering and loss of income. It is also possible to receive compensation for the loss of companionship or consortium of spouse.
A plaintiff must prove that the owner of the property owed an obligation to keep the premises reasonably secure. This requires the plaintiff prove that the landlord knew of and did not deal with the asbestos presence in the building.
The plaintiff also has to prove that asbestos caused injury or illness. In addition to proving actual injury, the plaintiff has to prove that there was a foreseeable risk of harm due to the asbestos present in the premises.
Several state legislatures have debated asbestos reform. Presently, Ohio is the only state with an extensive law. Its law clarifies premises liability and clarifies claims by those who are not ill. It also codifies the piercing the corporate veil doctrine as well as an impairment requirement for physical impairment.
Mesothelioma
Mesothelioma is a rare and aggressive cancer that affects mesothelium which lines the body's internal organs. The most prevalent form of mesothelioma affects the lung. It can also develop in the membrane lining the stomach (peritoneum) or, in very rare, the heart (pericardium) and around the testicles. The symptoms of mesothelioma usually do not manifest until the later stages, which is the reason they are difficult to diagnose.
The only way to determine mesothelioma is to perform a biopsy, which involves taking a sample of affected tissue to test. Doctors will usually only recommend this procedure when they suspect the patient has mesothelioma. Other diseases, like chest pain and asthma could be mistaken as mesothelioma. A biopsy can also help distinguish between different types of mesothelioma. This is important because the prognosis for each differs according to the type, with epithelioid being more susceptible to treatment and accounting for 70% to 80% of all cases. Sarcomatoid mesothelioma is less responsive to treatments and has an earlier life duration.
Someone diagnosed with Mesothelioma may be eligible for benefits through a variety of government programs. The patient may be eligible for Industrial Injuries Disablement Benefits through the Department for Work and Pensions or they may qualify to bring a lawsuit against the companies that are responsible for their exposure to asbestos. These lawsuits seek the financial compensation of the victim's family members or the victims.
Mesothelioma lawsuits seek to hold companies accountable for their actions. This includes not informing people and employees of the risks associated with asbestos. These lawsuits can be complex and can take a long time to resolve.
Asbestos-related victims are advised to seek legal help from a firm that has experience in representing asbestos-related diseases. A mesothelioma lawyer can review the case of a client in order to determine the source of their exposure and determine potential defendants. These lawyers will have experience of filing lawsuits against asbestos companies that ought to have known about asbestos's dangers.
Lung Cancer
Asbestos is a naturally occurring mineral that was previously used to prevent fire as well as insulation and roofing. When asbestos-containing materials are damaged, or disturbed, tiny fibers can be released and inhaled. This can cause various serious illnesses, such as mesothelioma as well as lung cancer.
Baton Rouge asbestos attorney caused by asbestos is a different condition from mesothelioma, and is less well-known. The most common cause of lung cancer is tobacco smoking. Studies have found that asbestos exposure is linked to lung cancer. The risk increases as exposure levels increase.
The link between asbestos exposure and lung cancer is complex. According to some research asbestos exposure can trigger cellular damage that leads to genetic mutations. Moreover, the cytotoxic properties of asbestos could cause proliferative lesions that are unable to be phagocytized by macrophages. This could lead to the development of free-radicals that can be genotoxic, and alter DNA.
Several studies have shown that different kinds of asbestos are associated with varying risk. Amphibole asbestos, for instance, is thought to be more dangerous than the chrysotile variety. Studies have also shown that women who have been exposed to asbestos are more likely to develop ovarian cancer. Asbestos can also be linked to colorectal, laryngeal and esophageal cancers.
Compensation is available to those who have been diagnosed as having mesothelioma or lung cancer or any other asbestos-related condition. Compensation can pay for medical care, cover lost income and provide a sense of peace of mind. An experienced mesothelioma lawyer can help with the investigation of asbestos exposure claims.
Veterans who have been diagnosed with an asbestos-related illness are likely be eligible for disability benefits through the Department of Veteran Affairs. The VA uses an assessment system for disability to determine the amount that a person is entitled to. However, obtaining disability benefits can be a tense process and requires the assistance of a knowledgeable VA-accredited claims agent.
In general, the higher the disability rating, the greater compensation a person can expect to receive. To obtain the highest possible disability rating it is critical for veterans to submit complete medical documentation that confirms their diagnosis. This includes copies of pathology results.