Blog entry by Josephine Conolly
A Firm That Specializes in Asbestos Litigation
Firms that specialize in asbestos litigation, as opposed to personal injury lawyers who handle many different types of claims they have the expertise and resources necessary to help those suffering from asbestos-related diseases. These law firms have access databases that allow them to connect a patient's diagnosis to the previous exposure to asbestos.
Exposure to Work
Asbestos is made up of a collection of mineral fibers which are resistant to corrosion, heat and abrasion. The fibers are found in a variety of items, including floor tiles, building material and automotive brakes and clutches. Occupational exposure typically occurs when working in construction, ship repair and manufacturing asbestos-containing products.
Patients who have been diagnosed with mesothelioma and other asbestos-related illnesses can bring a lawsuit to claim damages against the companies that exposed them to this dangerous substance. Compensation from a mesothelioma suit can cover medical expenses, lost wages, and other costs associated with this illness.
In the United States, mesothelioma patients and their families can seek financial relief by suing hundreds of asbestos manufacturers. These lawsuits hold asbestos manufacturers liable for failing disclose the risks associated with their products and causing mesothelioma, among other conditions.
Asbestos litigation is unique from other personal injury cases because it may involve many of the same defendants (companies who are sued) and the same law firms that represent plaintiffs as well as the same lawyers and expert witnesses. It is therefore essential that asbestos-related injuries victims choose an attorney who has experience in complex cases, and who knows the history of mesothelioma lawsuits in the United States.
One of the most important aspects in asbestos litigation is determining the cause of a person's asbestos exposure. This may require an examination of records pertaining to employment history, Social Security and unions, tax returns, and other documents. Waters Kraus &Paul's lawyers can identify the possible asbestos exposure sources and pursue legal claims against the manufacturers.
Asbestos litigation is the longest-running mass tort in U.S. history, dating to the 1960s. Asbestos manufacturers are finally starting to feel the effects of this lawsuit by filing for bankruptcy, settling claims with victims and creating asbestos trust funds to compensate future victims. Mesothelioma, and other asbestos-related illnesses, will continue to affect people around the world until this dangerous carcinogen has been completely banned. Our lawyers are dedicated to holding these asbestos attorneys-related companies accountable for their wrongful conduct.
Mesothelioma
Mesothelioma is a fatal form of cancer that afflicts the lung's lining or abdomen. It occurs when asbestos fibers lodge in the lung's lining or abdomen and irritate cells. These cells can then develop into malignant cells and spread to different organs. It is extremely rare that mesothelioma develops in those who have not been exposed to asbestos. In many cases, symptoms don't manifest until years after asbestos exposure.
The symptoms of mesothelioma are difficulty breathing, coughing and chest pain. A doctor will conduct physical examinations and order imaging tests such as X-rays or CT scanners to look for mesothelioma-related symptoms. They may also recommend biopsies to look for mesothelioma within a tissue sample.
The biopsy procedure can be done through surgery or removal of small amounts of tissue or fluid in the area affected by cancer. The biopsy is examined under a microscope to determine the type of mesothelioma. There are two types of mesothelioma, epithelioid and sarcomatoid. Epithelioid is considered to be the most responsive type of mesothelioma and is responsible for 70 - 80% diagnoses. Sarcomatoid mesothelioma is the rest of mesothelioma cases and is more difficult to treat.
Lawyers can help victims get compensation for their medical expenses loss of wages, suffering. They can also bring a lawsuit against responsible asbestos companies to hold them accountable for their negligence. They will examine all evidence available and develop a legal strategy that will maximize the value of a claim.
The statute of limitations in each state determines the time a person must make an asbestos lawsuit if they've been diagnosed mesothelioma. In the majority of states, the statute of limitations is in effect when the victim is diagnosed with mesothelioma, or in wrongful death cases, at the time of the person's death. Asbestos lawyers are well-versed in the laws of each state and can advise their clients on where to file a lawsuit for mesothelioma. They can also aid victims avoid mistakes that could lower the value of their claim. An error in the date of diagnosis, for instance, could result in an unintentional loss of compensation of thousands of dollars.
Statute of limitations
A statute of limitation is a legal rule which sets a time limit within which a lawsuit must be filed. Once the statute of limitations runs out the plaintiff loses the right to pursue legal action, regardless of the merits of the case.
Since the late 1920s, when workers began reporting asbestos-related illnesses, asbestos litigation has been ongoing. It is the longest-running mass litigation in U.S. History, and has affected hundreds of thousands of people in just the United States. Through the years, the litigation has been shaped by changes in law, the expansion of a well-capitalized plaintiffs bar, heightened media attention to mesothelioma litigation and mass tort litigation in particular, and wider use of computers.
To ensure that the statutes of limitations have not expired, mesothelioma lawsuits as well as other asbestos-related diseases must be filed as soon as is possible. A mesothelioma attorney can assist victims to understand the time frames that apply to their specific situation. In most cases, a person's time limit begins to expire when they are diagnosed with mesothelioma.
It is important for an attorney to have vast experience handling asbestos lawsuits because the statute of limitations as well as other legal issues can make pursuing compensation difficult. A knowledgeable mesothelioma lawyer will take the time to fully examine each client's case to determine how it might impact a statute of limitations and other legal questions.
A mesothelioma case can compensate victims and family members for medical costs along with lost income and emotional stress. These costs can quickly add up. The money derived from a successful suit can also ease financial burdens and help improve quality of life.
Waters Kraus & Paul is experienced in holding asbestos distributors, manufacturers and others accountable for their roles in the development of mesothelioma. Our attorneys have represented asbestos attorney-related victims in Utah, California and across the nation, including those who were employed in shipyards and oil refineries. We hold asbestos producers accountable for their wrongful conduct and will ensure that victims and their families get the financial compensation they deserve.