Successful asbestos ligation requires an attorney who understands the
many facets of the case, from how people get exposed to asbestos to the
state-by-state regulations about filing lawsuits, to the fragile nature
of many clients. Often, people who inquire about an asbestos-related
claim are people who are also coping with mesothelioma cancer and all
the health issues that go along with treatment.
Choosing a lawyer to represent you in depositions and in legal
filings can be as important to your family's future as selecting the
right doctor. If were you exposed to asbestos and you got sick as a
result, you have a right to stake a claim for compensation.
The dangers and toxicity of asbestos were well-known in the 1930s, yet
corporations continued using it extensively through much of the 20th
century. They willingly put profits ahead of the health and well-being
of employees and the public. An experienced asbestos lawyer will know
how to hold those corporations responsible.
Mesothelioma is an aggressive cancer affecting the membrane lining of the lungs and abdomen.
Malignant mesothelioma is the most serious of all asbestos-related
diseases. Exposure to asbestos is the primary cause and risk factor for
mesothelioma.
Making a correct mesothelioma diagnosis
is particularly difficult for doctors because the disease often
presents with symptoms that mimic other common ailments. There is
currently no known cure for mesothelioma, but treatments such as surgery
and chemotherapy can help to improve the typical mesothelioma prognosis and even increase one's life expectancy.
Three major types of mesothelioma exist and they are differentiated by
the organs primarily affected. Pleural mesothelioma (affecting the
lung’s protective lining in the chest cavity) represents about
three-quarters of all mesothelioma incidence. Peritoneal mesothelioma,
which affects the abdominal cavity, and pericardial mesothelioma, which
affects the cardiac cavity, comprise the remainder.
Mesothelioma Cancer
There are three recognized mesothelioma cell types. Between 50% and 70%
of all mesotheliomas are of the epithelial variety. While prognosis is
generally poor, it is considered less aggressive than sarcomatoid
mesothelioma and biphasic mesothelioma, which comprise the remainder of
cell-type diagnoses.
The cavities within the body encompassing the chest, abdomen, and
heart are surrounded by a membrane of cells known as the mesothelium.
Mesothelial cells assist in general organ functions. The mesothelium is
particularly important to organs that are commonly in motion, such as
expansion or contraction of the lungs, stomach, or heart. Lubrication
from the mesothelial cells allows free range of motion within the body.
The mesothelium of the chest, abdomen, and cardiac cavity are called the
pleura, the peritoneum, and the pericardium, respectively. Each of
these groupings of mesothelial cells is extremely critical to the
functions of the body structures which they encompass.
Being diagnosed with an asbestos-related disease such as mesothelioma,
lung cancer or asbestosis is overwhelming news. Unfortunately, every
year thousands of people suffer from diseases related to direct,
household or bystander asbestos exposure.
Attorneys with Motley Rice have been deeply involved in asbestos
litigation for decades, with late firm co-founder Ron Motley being
recognized for his groundbreaking work in the 1970s when he uncovered
and revealed the internal company documents showing some companies’
concealment of the knowledge that asbestos was harmful. For this and
other trailblazing efforts in asbestos litigation, American Lawyer dubbed Motley “The Man who Took on Manville.”
Mesothelioma and Asbestos Lawsuit
What is Asbestos?
Asbestos is a naturally occurring mineral fiber that was once valued
for its resistance to heat, electrical and chemical damage, and was used
by dozens of trades. With millions of microscopic fibers, asbestos can
easily break apart and become airborne and possibly inhaled. Should
asbestos fibers be inhaled, they may become lodged in your lungs,
potentially leading to lung cancer, mesothelioma or other
asbestos-related diseases. Additionally, because asbestos fibers travel
so easily through the air, not only the person working with
asbestos-containing products but also bystanders run the risk of
inhaling these fibers and developing an asbestos-related disease even
decades after exposure.
From the early 1900s through the 1980s, asbestos was used in thousands
of different industrial products, including pipe and furnace insulation
materials, roofing shingles, floor tiles, millboard, textured paints and
other coating materials.
In 1989, the United States banned asbestos in specific products. This
ban, however, did not ban the use of asbestos altogether. Additionally,
other countries continue to mine asbestos. As a result, asbestos can
still be found in a number of consumer products, including building
materials, friction products and heat-resistant fabrics.
Choosing a good mesothelioma lawyer is
imperative to ensuring that you will be awarded the highest amount of
compensation for your case.
Attorneys who specialize in asbestos litigation have experience with
and knowledge about the complex issues, medical considerations, and
history surrounding asbestos legislation, case law, and the applicable
procedural rules and formalities of each and every case they handle.
Qualities of a Great Mesothelioma Lawyer
When seeking out an attorney who can help you receive compensation
for your asbestos-related injury, there are several qualities you should
look for.
Understanding
A great mesothelioma lawyer is compassionate, understanding, and
sensitive to what you and your family are going through. They will take
the time to understand your situation, listen to the concerns you have,
and comprehend the problems and complications you are facing. If your
attorney is not willing to sit down and understand how asbestos exposure
has affected your life, then find one who will.
Knowledgeable
The best mesothelioma attorneys focus exclusively on asbestos
litigation. In doing so, they develop expertise with all matters of
asbestos law, from environmental quality regulations to the details and
nuances of legal procedural matters. Having a solid grasp of both
federal and state asbestos laws, they will be able to advise you
properly about the best venue in which to file your complaint, and they
can provide you with a realistic estimate of how much you might be
eligible to receive for a settlement.
Resourceful
Putting together a mesothelioma lawsuit takes time and a lot of
hard work. Only the best lawyers will have the proper resources to pull
together the required information, documentation, testimony, affidavits,
complaints, and other materials necessary to build a solid case for
you. Having the right resources available ensures that your case will be
handled efficiently and will help you to receive compensation quickly.
Experienced
Only highly experienced mesothelioma lawyers win the largest
settlements for their clients. Look for an attorney who has a
documented proven track record with handling asbestos-related cases when
seeking compensation for your injury.
Recognized
Great mesothelioma attorneys are recognized by their peers and
national organizations like Martindale-Hubbell for their excellence in
going above and beyond to fight for their clients’ legal rights. Settle
for nothing less than a lawyer you can trust, a lawyer who can deliver
results, and a lawyer who is recognized by industry leaders and peers
In its early stages, mesothelioma does not have many symptoms,
whether it is in the chest (pleura) or the abdomen (peritoneum). When
symptoms do develop, they are often caused by the cancer growing and
pressing on a nerve or other body organ. The symptoms mentioned below
can be caused by illnesses other than mesothelioma. But if you have
these symptoms, see your doctor. This is particularly important if you
have been exposed to asbestos in the past.
Malignant mesothelioma is an uncommon medical condition that develops
from the transformation of cells in the mesothelium--a protective layer
of cells that shields the heart, abdomen and lungs. The majority of
mesothelioma cases result from prolonged asbestos exposure. When
unbroken asbestos poses a minimal threat to people; however, when
disturbed, the mineral releases cancerous particles into the air. When
these fibers are perpetually inhaled they congregate in the mesothelium
and eventually eat-away at the protective lining. As the cancer evolves
it proliferates to remote areas of the body, forming deadly tumors along
the way.
Mesothelioma prognosis is extraordinarily bleak; the cancer takes the
life of nearly everyone who is infected by it. The average life
expectancy for a mesothelioma sufferer is 4 to 18 months after
diagnosis. These grim statistics are attributed to diagnostic
complications—the disease is rarely detected in its earliest stages or
when it is deemed curable.
Diagnostic complications stem from mesothelioma’s slow-developing
symptoms and innocuous cellular structure. In most cases, a
mesothelioma sufferer will not observe symptoms 25-50 years after their
first exposure to asbestos. When symptoms are rendered discernible, the
disease has already proliferated to the point where it becomes
inoperable. When malignant mesothelioma advances into its latter stages,
only palliative treatment options are available. These methods are
administered to mitigate malignant mesothelioma’s insufferable symptoms.
Palliative treatment is elective and is undertaken to bolster the
mesothelioma patient’s life. The disease, if not discovered in its
infancy, is incurable.
Many veterans with mesothelioma don’t even think about the VA and what kinds of benefits they may be entitled to.
Some think that “VA Benefits” means VA Health Care, which they either
already have, or don’t want. But, allow me to provide a brief
explanation of the two main benefits for which you may be entitled: VA
Disability Compensation and VA Pension.
These are two financial benefits that could be
extremely helpful as you deal with the financial burden of fighting this
mesothelioma.
Veterans with Mesothelioma
VA Disability Compensation (VADC)
VADC is a monthly benefit paid to any veteran who is suffering from a
“service-related” disability. Usually, this means you were injured in
some way while in the military, and you still have lingering effects of
it after leaving the service. However, disabilities can also be
“service-related” if they were caused by an “event” in service.
Therefore, veterans with mesothelioma (or any asbestos illness for that matter) are eligible for VADC if the primary
reason they developed mesothelioma is because of their exposure to
asbestos in the military. Notice I highlighted the word primary, and I
did that because this is the crux of any asbestos claim.
