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Mesothelioma Lawyers

Mesothelioma Attorney Info

Mesothelioma Attorney Info

Mesothelioma cancer is heartbreaking, a deadly disease almost always caused by exposure, often negligent exposure to asbestos. A mesothelioma lawyer is unique among attorneys. A true mesothelioma lawyer is here for you, to help you get any potential financial compensation available to you or your family. The right mesothelioma lawyer takes cases from every state, will travel to you when necessary and will not ask for any up-front money, ever. From start to finish your needs are at the forefront of their focus. Allow us help you. Please call now for a free, respectful consultation.

What our Mesothelioma Lawyers Will do for You

You may want to know what will happen if you call for a free mesothelioma lawyer consultation. From the moment of initial contact, you become the focus. You can rest assured you will get compassionate, individual attention. You do not have to worry about how much it will cost to seek help, justice and the possibility of financial compensation. Cases are always taken on contingency. If your mesothelioma attorney does not win, you do not pay. There is no obligation and no pressure. You will be met with concern and respect. You could not have done a thing to prevent this from happening but you can take steps now to reach out to someone that cares. Our phones lines are always open. Call now.

Mesothelioma cancer and the Navy; the use of asbestos was widespread across many industries such including ship building, cement, textiles, construction, insulation and the automotive. Any place the need for protection from heat, electrical or chemical damage was present, asbestos was likely used. Members of the navy that spent time on ships, particularly in the engine room were susceptible to exposure. Anyone from any of these industries, including the Navy, can ask for help from a mesothelioma lawyer. Everyone is entitled to a free consultation, a chance to ask questions and seek help.

You or your loved one may have been injured, fatally so, and possibly at the hand of another. Almost all mesothelioma cancer is caused by exposure to asbestos fibers. You may not been aware of the risks so were exposed to potential death without knowing the possibility of devastation your future could hold. This is very sad but all too true. Americans were placed in harm’s way by people that knew what was happening. Following a free case evaluation with a mesothelioma lawyer, you will know your options which may include the possibility of financial compensation through a mesothelioma lawsuit.

So, what do you do now? You must do what you can even now, to protect those you love. Mesothelioma cancer can’t be undone but help can come in the form of possible financial compensation. Trust funds have been established to help victims but not all trust funds are available to all victims. Even if your case does not involve the millions of dollars already set aside in trust funds, you may nonetheless be entitled to financial compensation. To learn about available options, call for a free consultation with a trusted mesothelioma lawyer

Greed can wreak havoc on innocent lives. Corporations looking to save a buck then may have put you where you are today. Your life is worth more than any bottom-line. We believe that and will start proving so by arranging a free consultation with a mesothelioma lawyer that will always remember you are an individual with dignity, feelings and needs. Call to learn about your options including the possibility of financial compensation by filing a mesothelioma lawsuit.

If you have been diagnosed with mesothelioma cancer or if a loved one has died from mesothelioma lung cancer (the most common mesothelioma cancer) you need and deserve the help only a mesothelioma lawyer can provide. Chances are your case of mesothelioma cancer could have been prevented. Even though documentation of the potentially deadly results of asbestos exposure has been around since the 1970s, there are roughly 3000 new cases of mesothelioma cancer reported each year. Most can be traced back to a workplace. A mesothelioma lawyer understands the enormity of the struggle you face and will use their experience and extensive resources to fight for your rights. We are standing by, ready to get started for you.

Mesothelioma Attorneys work on Victims Behalf

An experienced mesothelioma lawyer must care enough, know how to and have the resources to take your cause in the right direction. You will never be asked to pay for an initial consultation and will never be asked to make any up-front fee payments. The burden you face is enormous. You need help. You need peace of mind. You do not need more struggle. Our team is ready to help take some of the worry off of you.

By now, you no doubt know that mesothelioma cancer is a cancer of one of the linings inside the body and is caused by exposure to asbestos. The most common form of mesothelioma is mesothelioma lung cancer. What you may now know is how hard it is to make an accurate diagnosis of mesothelioma cancer. The symptoms take can take upwards of 40 or more years to be significant enough to be noticed. The symptoms mimic other more common diseases so without a complete history from the patient, the doctor does not know to consider mesothelioma cancer. If you were diagnosed with lung cancer but think you may have been exposed to asbestos, you must inform your doctor of that possibility.

If your doctor suspects mesothelioma lung cancer, he or she will probably order specific tests including chest x-rays and lung function tests. Once a diagnosis of mesothelioma cancer has been made, treatment options are discussed. Mesothelioma is terminal but life expectancy can be extended and the patient can be made more comfortable, allowing for more time with loved ones. Life is precious. No one deserves to be overlooked or harmed in any way.

Time is always limited for filing any lawsuit including a mesothelioma lawsuit. State and Federal regulations impose time limits. A knowledgeable mesothelioma lawyer will know all applicable regulations. Certain family members may have the right to file on behalf of the decedent but again, time is limited for doing so. Contact us now for a free consultation and case evaluation with a mesothelioma attorney.

Mesothelioma Lawsuits and Asbestos Lawsuits Filed as a Result of Mesothelioma Cancer

Mesothelioma Lawsuit

Mesothelioma Lawsuit

There is only once cause of Mesothelioma cancer, exposure to Asbestos. By far, the most common cause of Mesothelioma cancer is occupational exposure to asbestos. The second most common cause of Mesothelioma cancer is secondary exposure to asbestos which occurs when someone comes in contact with another person who has been exposed to asbestos and has asbestos fibers on their clothing.

Mesothelioma cancer victims endure much pain and suffering, and treatments for mesothelioma cancer can be very expensive. Compensation for the financial and other damages caused by asbetos exposure can be sought by filing a Mesothelioma lawsuit.

Mesothelioma lawsuits, which are also referred to as asbestos lawsuits are complex. It is vitally important that Mesothelioma victims or their families seek representation from a Mesothelioma lawyer that has experience with these cases. Having the right legal representation for your Mesothelioma lawsuit or asbestos lawsuit can be one of the most important factors in the outcome of your case.

Mesothelioma Lawsuit vs Asbestos Lawsuit, What’s the Difference?

Although the term Mesothelioma lawsuit is often used generically to describe any lawsuit filed as a result of cancer resulting from exposure to asbestos, this is not an accurate use of the term. A Mesothelioma lawsuit is filed on behalf of individuals that have contracted one of the various forms of Mesothelioma cancer.

Asbestos lawsuit is a more generic term and includes Mesothelioma lawsuits as well as any other lawsuit filed as a result of a disease related to asbestos exposure. Asbestosis and other medical conditions caused by exposure to asbestos are also asbestos lawsuits.  The terms Mesothelioma lawsuit and asbestos lawsuit are often used interchangeably although they do refer to different types of asbestos litigation.

The terminology used to describe a lawsuit which is filed as a result of exposure to asbestos does not change the process of how these lawsuits are filed. All Mesothelioma lawsuits and asbestos lawsuits go through the same process.  One exception to the normal process of filing an asbestos related lawsuit occurs when the claim is being made against a Mesothelioma or asbestos bankruptcy trust fund.  These bankruptcy trust funds will be discussed in more detail on a separate page of this website.

Who is Eligible to File a Mesothelioma Lawsuit?

The individual who was exposed to asbestos and developed an asbestos related cancer  is often the person who files a Mesothelioma lawsuit or asbestos lawsuit, however in some cases these lawsuits are filed by the immediate family members of victims of Mesothelioma or another asbestos cancer who has already passed away as a result of their Mesothelioma  or asbestos cancer.

Most asbestos and Mesothelioma lawsuits are filed by individuals who worked for an employer that exposed their employees to asbestos. However, there is another group that may also be eligible to file a Mesothelioma or other asbestos cancer lawsuit.  This group is made of individuals that were exposed to asbestos second hand or suffered from secondary exposure to asbestos.

Because it only takes a single instance of asbestos exposure to develop Mesothelioma or other asbestos cancer, anyone who comes into contact with a worker who has been exposed to asbestos is at risk of developing Mesothelioma or another asbestos related cancer.  One of the most common victims of secondary Mesothelioma cancer and other asbestos cancers are the family members of individuals who worked for employers that exposed their employees to asbestos. These  exposed employees often have asbestos fibers  attached to their clothing or body. When they go home, their family members that come in close contact with them can easily breath in these asbestos fibers. This minor secondary exposure can easily result in the exposed family member developing Mesothelioma cancer.

Regardless of whether you were directly exposed to asbestos or if your asbestos exposure was secondary or second hand, you may be eligible to file an asbestos or Mesothelioma lawsuit.  Someone who suffered secondary asbestos exposure would file their Mesothelioma lawsuit or asbestos claim against the employer that exposed the person to asbestos that resulted in the second hand  asbestos exposure.

How Does the Mesothelioma Litigation Process Work?

The Mesothelioma litigation process or asbestos litigation process is similar to other litigation. However, Mesothelioma and asbestos litigation is more complex that most other litigation. The life cycle and process of asbestos and Mesothelioma litigation generally follows a pattern similar to that listed below.

Asbestos Exposure Occurs

  1. A person is exposed to asbestos on their job, which is often referred to as occupational exposure or they are exposed to someone who has been exposed to asbestos. The exposure victims develop symptoms.
  2. Years and even decades pass before symptoms of Mesothelioma or another asbestos cancer become noticeable. The Mesothelioma diagnosis or other cancer diagnosis occurs.
  3. The asbestos cancer victim seeks medical attention and it is discovered that they have cancer. Often Mesothelioma is initially misdiagnosed as another form of cancer. Mesothelioma and other asbestos cancer is generally initially diagnosed by CT Scan or X Ray. The initial diagnosis is confirmed via a biopsy.
  4. The asbestos cancer victim consults with Mesothelioma lawyers

Once a Mesothelioma or other asbestos cancer victim has been diagnosed by medical personnel, the next step in the Mesothelioma litigation process is to contact a Mesothelioma lawyer. Mesothelioma lawyers are attorneys that are experienced in dealing with Mesothelioma cancer lawsuits and other asbestos cancer lawsuits.

Once the Mesothelioma or asbestos cancer victims or their family contact a Mesothelioma lawyer for a free consultation about their potential Mesothelioma lawsuit, an attorney client relationship is formed with the Mesothelioma lawyer and the victim or their family. This attorney client relationship is formed by agreement and does not exist until the Mesothelioma attorney and client have agreed to enter into a legal representation agreement and executed documents allowing the Mesothelioma lawyer to act as the clients legal representative.

The Investigation Process Begins

The investigation process of fling a Mesothelioma lawsuit or asbestos lawsuit involves numerous factors

Collecting Mesothelioma Diagnosis and Treatment Records

First the Mesothelioma lawyer must request medical records to establish what form of asbestos related cancer their client has. These medical records will be part of the evidence used to establish the grounds for their clients Mesothelioma lawsuit or  asbestos lawsuit.

Identifying the Defendant in the Mesothelioma Lawsuit

The Mesothelioma attorney will also work with the client or the client’s family to determine what employer or employers exposed the client to asbestos. It is not unusual for more than one employer to have exposed the same person to asbestos. There are existing databases of employers who are known to have exposed employees to asbestos.  The Mesothelioma attorney will establish who the client worked for during their life and when they worked for each employer. This information will be used to determine which employer exposed the employee to asbestos.

Starting the Actual Mesothelioma Litigation Process

At this point the Mesothelioma litigation process will take one of two courses. If the employer that exposed their client to asbestos is still in business, the Mesothelioma lawsuit complaint will be pursued. If the employer is no longer in business, then a separate process of filing a claim against a Mesothelioma or asbestos trust fund may be pursued. We will cover these trust funds in more detail on a separate page of this website. For clarity, this narrative will assume that the company that exposed the Mesothelioma lawyers client to asbestos is still in business.

Once the employer or employers that exposed the victim to asbestos have been identified, this employer(s) will be the defendant that the Mesothelioma lawyer filed their clients Mesothelioma lawsuit against.

Once all the necessary evidence has been collected to file a Mesothelioma lawsuit and the defendants have been identified, the Mesothelioma lawyer will file a Mesothelioma lawsuit complaint of behalf of their client against the defendant(s) that has been identified as having exposed their client to asbestos.

What Happens After the Mesothelioma Lawsuit is Filed?

Once the Mesothelioma lawsuit or asbestos lawsuit is filed, the defendant or defendants will be required to file an answer to the allegations or complaints made in the Mesothelioma lawsuit.  Depending on the court the case is filed  in, the defendant will have from 20 to 60 days to either admit or deny the allegations made in the Mesothelioma lawsuit filed against them.

Once a Mesothelioma lawsuit is filed, a period of time is allowed for “Discovery.” The discovery process allows the Mesothelioma lawyers representing the plaintiff and the lawyers representing the defendant to request documents, ask questions in writing (called interrogatories) and ask the other party to admit or deny certain facts. The discovery process is designed to allow both parties to obtain information needed to prosecute or defend their case without taking valuable court time for hearings.

Motions can also me made at the same time the Mesothelioma lawsuit is filed as well as after the lawsuit has been filed. Motions can take various forms and are generally requests that the court rules on a matter prior to trial. In most cases it is not necessary for the Mesothelioma lawsuit client to be present at motion hearings.

Mesothelioma Settlements vs. Mesothelioma Lawsuit Trial

The vast majority of Mesothelioma lawsuit cases settle without the need for trial. Mesothelioma lawsuit settlements offered by companies that are still in business often range in the millions of dollars.  Due to the fact that Mesothelioma settlement amounts are often very high, most Mesothelioma plainitffs elect to accept a Mesothelioma settlement vs taking their Mesothelioma case to trial.

If the defendant in a Mesothelioma lawsuit case does not offer a fair Mesothelioma lawsuit settlement amount, then the option of taking the Mesothelioma case to trail always exists.

Will my Case be Filed in a Mesothelioma Class Action Lawsuit?

Most Mesothelioma lawsuits are not part of any Mesothelioma class action lawsuit. In general it is in the interest of the client to file an independent Mesothelioma lawsuit instead of joining in any mass action such as a Mesothelioma class action lawsuit or multidistrict litigation.

Each Mesothelioma case is different and  an individual Mesothelioma cancer victim is not likely to fit into a “class”.  In order for a Mesothelioma class action lawsuit to exist, a “class” must be certified by a court with proper jurisdiction and authority to certify a class.

The existence of a Mesothelioma class action lawsuit or the lack of one does not affect any individual Mesothelioma victim’s right to file an independent Mesothelioma or other asbestos lawsuit.

How Much Does it Cost to File a Mesothelioma Lawsuit?

Many victims of Mesothelioma cancer and other asbestos related cancers mistakenly believe that they cannot afford to hire a Mesothelioma lawyer to file their case. In reality, a Mesothelioma cancer victim does not have to spend any money out of pocket to have top notch legal representation handle their Mesothelioma lawsuit or other asbestos lawsuit.

Our Mesothelioma lawyers take cases on a fee contingency basis. This means that it will not cost you anything out of pocket to file a Mesothelioma or asbestos awsuit.  Our lawyers work on a “if we do not win, you do not pay” basis.

Do not let the fear of having to pay legal fees out of pocket stop you from contacting us to arrange a free consultation with one of our Mesothelioma lawyers.  You owe it to yourself to find out how much compensation you may be able to obtain by filing a Mesothelioma lawsuit.

Where Will my Mesothelioma Lawsuit Case be filed?

There is often a choice of jurisdiction when it comes to filing a Mesothelioma lawsuit. Because most employers that exposed their employees to asbestos have operations in multiple states, they can often be sued in any state in which they do business.

Some jurisdictions are preferred over others by Mesothelioma plaintiff lawyers. The laws of any given state can impact the outcome of a Mesothelioma lawsuit, therefore choosing what jurisdiction to file your Mesothelioma lawsuit in is an important one. Our Mesothelioma lawyers have the necessary experience to choose a court with proper jurisdiction to hear your case and insure that you receive the justice you deserve.

Will I Have to go to Court if I File a Mesothelioma Lawsuit?

The answer to this question is “probably not”.  As previously stated, most Mesothelioma lawsuits settle without the need for a trail.  If the defendant in your Mesothelioma lawsuit does not offer a reasonable settlement, then you may elect to go to trial.

In the event that you elect to go to trail versus accepting a Mesothelioma lawsuit settlement offer then it is possible that you will have to appear in court with your Mesothelioma lawyer for your trail.

How Much Will my Mesothelioma Lawsuit Settlement Amount be?

Mesothelioma lawsuit settlement amounts cover a broad range. If the employer that exposed you to asbestos is still in business, then you are likely to receive a higher Mesothelioma lawsuit settlement amount than if your claim is against a Mesothelioma bankruptcy trust.

It is not unusual for Mesothelioma lawsuit settlement amounts to be well over one million dollars and sometimes far more.  In some cases you might be able to collect more by going to trial than accepting a Mesothelioma lawsuit settlement. However, there is always a risk when you go to trial as there is no way to guarantee what a jury will decide your damages are worth.

Asbestos Lawsuit Help Offers Free Consultation

(March 7, 2011)

Asbestos Lawsuit Help Offers Free Consultation

(Courtesy Photo)

Asbestos Lawsuit resources are readily available to mesothelioma victims on some attorneys’ websites. These websites are designed to offer help and support for mesothelioma victims prior to filing a lawsuit. If you or a loved one has suffered from asbestos exposure, you need to contact a physician and an asbestos attorney immediately to determine if you have a case. asbestos lawyers lawyers specialize in this type of litigation.

Asbestos has many desirable properties such as resistance to heat and most chemicals, and is therefore used in insulation materials in residential and commercial buildings. You will also find asbestos in consumer, industrial, maritime, automotive, scientific and building products. Asbestos fibers are found in nature and float easily. Nearly everyone has been exposed to asbestos at one time or another during their lifetime.

The only known cause of mesothelioma in the United States is previous exposure to asbestos fibers. Malignant mesothelioma is a rare form of cancer that develops in the protective lining that covers many of the body’s internal organs, the mesothelium. Manufacturers knew about the risks of asbestos seventy years ago. Even today, workers are not always told they are working around asbestos. Cases of mesothelioma have increased in the past twenty years, with approximately 2,000 new cases of mesothelioma being diagnosed in the United States each year. Asbestos lung cancer causes the largest number of deaths related to asbestos exposure. People working in occupations that use asbestos and its products are more likely to develop lung cancer than people in the general populace.

Asbestos lawsuits are filed by individuals who have been suffering from mesothelioma or asbestos cancer. If you have symptoms of mesothelioma or lung cancer due to asbestos exposure, you need to contact a mesothelioma physician and an asbestos lawyer in order to be fully knowledgeable of your rights. These experts recognize the importance of legal assistance for those people needing justice. File an asbestos lawsuit immediately to receive an asbestos settlement for financial compensation to assist in paying medical bills, lost wages and other costs incurred during the course of this illness.

ASBESTOS LAWSUIT – $25 MILLION VERDICT

(March 7, 2011)

ASBESTOS LAWSUIT - $25 MILLION VERDICT

(Courtesy Photo)

A New York jury awarded a $25 million verdict because of a mesothelioma lawsuit filed by a retired brake repairman against carmaker, DaimlerChrysler Corporation.
The jury ordered DaimlerChrysler to pay $20 million to Alfred D’Ulisse and another $5 million to his wife. In this 2006 case, DaimlerChrysler was found 10 percent at fault in the asbestos related illness. Because the jury also found that the car company acted with reckless disregard, Chrysler could be held accountable for the full amount under New York law.
D’Ulisse alleged that he was exposed to asbestos during his employment as a brake repairman at an auto brake repair shop in Brooklyn from 1960 to 1964. He also worked there part time during some of his 36 years as a police officer. The plaintiff said that his duties involved stripping worn brake linings off and replacing them with new ones. He was later diagnosed with lung cancer due to asbestos exposure and was forced to have his right lung removed. Jerry Kristal, the plaintiff’s asbestos attorney, argued that the defendants were liable for D’Ulisse’s asbestos exposure and cancer for failing to warn and protect the plaintiff of the potential health hazards associated with asbestos-containing products.
Asbestos is a naturally occurring substance that became increasingly popular during the industrial revolution in 1866 and was commonly used in products like textiles, fireproofing building materials, gaskets, insulations and automotive brake pads and clutches. It has long been known that when asbestos-containing materials are destroyed or disturbed either by repair, remodeling, or demolition activities, asbestos fibers will be released into the air and then inhaled. These fibers can fester in the lungs for decades, thus causing significant health problems like asbestosis, lung cancer and mesothelioma.
Accordingly, the Manhattan Supreme Court entered a judgment in favor of the plaintiff, thus ordering the defendants to pay a substantial asbestos settlement.

Tennessee Jury Awards $8.6 M Asbestos Settlement

(February 11, 2011)

Asbestos Settlement

(Courtesy Photo)

A Tennessee jury awarded an $8.6 million mesothelioma settlement to a former CSX Transportation railroad worker who died of mesothelioma settlement mesothelioma.

On November 30, 2010 after a two-week trial and one day of deliberation, twelve members of the jury awarded an $8.6 million asbestos verdict to the estate of the deceased, Winston Payne, who formerly worked as a railroad switchman at CSX for 40 years.

The asbestos lawsuit was filed against one of the leading transportation suppliers in the United States, which encompasses about 21,000 route miles of track in twenty-three states. This lawsuit was not a traditional asbestos case because it was filed under the Federal Employers Liability Act, a federal law that protects and compensates railroad workers who were injured in the course of their employment. The jury found that CSX violated the two provisions of the Federal Locomotive Inspection Act.

During the tribunal, the defendant argued that they cannot be held liable for the mesothelioma, mesothelioma and death of the plaintiff because their train engines did not contain asbestos. In addition, they said that Payne’s ailment was primarily caused by his cigarette smoking. On the contrary, Payne’s asbestos attorney insisted that the plaintiff was allegedly exposed to radiation, asbestos and diesel fumes in the course of his employment.

The plaintiff alleged that the trains moved metal and barrels contaminated with radiation and released asbestos and diesel exhaust. As a result, the jury found the defendant guilty of negligence for failing to disclose the hazards of asbestos, which contributed to the disease and death of the plaintiff. Moreover, the jury also found the defendant guilty of violating the Locomotive Inspection Act, which states that a railroad carrier may only use a locomotive when it is in proper condition and safe to operate without unnecessary danger of personal injury. CSX will be liable for the entire $8.6 million asbestos settlement