Choosing an asbestos attorney to represent you in a mesothelioma lawsuit is one of the most important decisions that you’ll make if you decide to pursue compensation for your illness. Your choice of asbestos attorney can make a very big difference not only to the size of your settlement, but to your overall experience in bringing suit.
An experienced asbestos attorney can do far more than fight for your rights in court. He or she and his law firm can help you in many other areas while you are awaiting a court date or awaiting settlement. Your choice will affect whether you win or lose, the size of your settlement, how long it takes to settle your suit or bring it to trial, and how involved you will have to be during the process. That’s why it’s important for you to make a careful choice when considering which asbestos attorney to choose. Here are some recommendations to help you make your choice.
1. Look for recommendations from others who are dealing with or have dealt with a mesothelioma lawsuit.
There are many networks of people who are dealing with or have dealt with asbestos related diseases. If you belong to a mailing list, support group or online network of people who are living with or have lost loved ones to an asbestos related disease, ask for personal recommendations from the members of your group. A personal recommendation will allow you to get a feel for how a law firm or attorney actually handles asbestos cases.
2. Look online for experienced asbestos attorneys.
But don’t stop there. Check your local legal directories and your local and state bar associations. You can find a great deal of information about local lawyers in the Martindale-Hubble Law Directory which you can find in most public libraries. Doing a bit of research can help you narrow your choices down to those lawyers who specialize in personal injury law and mesothelioma cases.
3. Check the background, education and records of the asbestos attorney that you are considering.
Check with your state bar association to be certain that the attorneys you are considering are licensed to practice law in your state. You can also check their background, education, experience and any disciplinary record through your state bar association.
4. Ask questions. Be prepared with a list of questions when you first contact the asbestos attorney or attorneys that you are considering. Among the questions you should ask:
- What is your experience in asbestos litigation?
- Have you handled many cases like mine?
- Will you be handling my case yourself or will you be referring my case to another law firm? Many law firms will refer your asbestos case to a law firm in your area that specializes in asbestos litigation. It’s a common practice, but you should know in advance who will actually be handling your case.
- How many mesothelioma and asbestos related cases has your firm handled? How many are you handling currently? An experienced asbestos attorney or law firm has many resources on which to draw when preparing your case. They also have the knowledge to evaluate your case and help you make a decision on whether to settle or go to trial.
- How many mesothelioma lawsuits have you won? How many have you settled out of court?
- What was the average settlement in each case (in court and out of court)? No law firm can give you a guarantee of a positive outcome, nor predict how high an award or settlement you’ll receive, but knowing the average settlement won in a case like yours can give you an idea of how successful the law firm is in handling these cases.
- What is the average length of time it takes for your law firm to settle a case? How often do you choose to settle rather than go to trial? Sometimes, it will be in the client’s best interest to settle rather than go to trial. Jury trials can be long, involved processes that take up valuable energy and time that you might prefer to spend on your health or with your family. Knowing the philosophy of the law firm that you are working with about this can be valuable.
- What is your fee setup for mesothelioma cases? Most asbestos attorneys work on a contingency basis. You only pay if they win the suit or get a settlement for you. This isn’t always the case. Be sure that you know in advance what it will cost you to work with a law firm or attorney.
Consider all of these factors when you’re choosing an asbestos attorney, and weigh them against your own personal comfort with the law firm and lawyers. Pursuing compensation in an asbestos case can be difficult and time consuming. The asbestos attorney that you choose can make it much easier for you in so many ways.
Thursday, July 29, 2010
Choosing an Asbestos Attorney in Mesothelioma Lawsuits
Asbestos Attorneys
some ailments are caused when a role inhales asbestos or comes in link with it. Asbestos lawyers are attorneys who help individuals get compensation for costs suffered because of asbestos exposure.
In the US, have represented hundreds of people incapacitated by asbestos. These have been active in attaining extraordinary verdicts and payments on behalf of asbestos sufferers in many regions of the US.
For the rest of this article, we will discuss the meaning behind what we have learned about this subject ? so far.
The chief hazard from asbestos is from breathing asbestos fibers into the lungs. Asbestos dust is certainly breathed into the lungs, because asbestos fibers are record and charming. Once inhaled, some asbestos fibers will inhabit in the body perpetually. Over extensive periods of time, these fibers can give elevation to lethal ailments like mesothelioma, other asbestos cankers and asbestosis.
Researchers have not developed on a nontoxic even of link with asbestos. Nevertheless, scientists and doctors have concluded that the superior and longer the link with asbestos, the superior the prospect of experiencing asbestos-united ailments.
understand that every casing of asbestos exposure is different, and warrants roleal remark. They result every casing with their massive familiarity and experience of the asbestos diligence. The attorneys also admit that money will by no means sufficiently compensate a victim of asbestos exposure, but judge it important to produce these casings to date in order to have judgments conceded against the companies which brought about harm to thousands of American personnel and their families.
When choosing an asbestos lawyer, one should request a law fixed that specializes in asbestos casings and is devoted to ration its clients. The attorney should work as the advocate, pleasing rush of the casing in an understanding, caring, specialized behavior.
As they say, knowledge equals power, so continue to read information on this topic until you feel you are adequately educated on the subject.
Asbestos Attorneys, Mesothelioma Lawsuit
If you deciding to pursue legal action against a company selecting an attorney to represent you in a mesothelioma or asbestos lawsuit are very important decisions and you should be very careful on selecting your asbestos attorneys.Selecting a good asbestos attorney can be a difference on having your families receive $500,000 or awarded nearly $30 million. If some asbestos lawyers reject your case another asbestos lawyers will accept it and make a big success of it.There are times some families wait several years to receive their first check while other families can received a large check within just a few months of filing a claim. One of the biggest reasons for some of these differences are the asbestos lawyers the patient decide to select.Many mesothelioma patients are not aware of the danger they were involved in when they worked around asbestos. Many mesothelioma patients do not know how they were exposed or how often. they have been thousands of products that contained asbestos – cigarette filters, hair dryers, brakes, basement and roof materials, pipes, boilers, insulation, and many other products found throughout the home and at work.If you are one of the unfortunate one to be diagnosed with mesothelioma. I can almost guaranteed you it is more than likely that you were exposed to asbestos many times during your life time and very good chance that this happened decades before your diagnosis.The asbestos Lawyers or the law firm you selectWhen you have been given the news about this terrible disease is very important. Once you are diagnosed with mesothelioma asbestos, asbestos cancer you should not wait too long to learn about your legal rights for at least three reasons:Statutes of Limitation, Financial Pressure, lawyers.The more experienced your mesothelioma lawyers are the more resources they will have about finding the right doctors and treatment options to help treat mesothelioma. Because of that picking a lawyer is serious business. How committed are they to mesothelioma/asbestos cases? Are these cases a substantial part of their practice or just a small piece? How many other cases like yours have they handled?you need to understand the fees these asbestos lawyers are going to charge you. The amount of the fee varies but it should be around and usually between 33% and 40%. Finally, your mesothelioma attorney should not only be experienced, skilled, and dedicated, but also a trusted partner who understands your health needs always take precedence.
Wednesday, July 28, 2010
Find an Asbestos Attorney Using the Internet
From entertainment to education, more and more people worldwide are turning to the Web. The Internet is no longer only the playground of young people or the upwardly mobile. People from all over the world, of all ages and diverse walks of life now go online for doing everything from shopping to interacting with friends. While many people see spending time online as a frivolous activity, it can often be used for very important purposes. Doing research to find professionals who can help with difficult and complicated situations, such as selecting a law firm to represent a loved one that suffers from an asbestos-related disease, is one such purpose. The Web is well suited to help people find information that helps them select the right law firm. Mesothelioma is a popular subject on the web, as it involves both human suffering, and large sums of money. Many websites exist on the subject of asbestos-related disease and the legal issues surrounding it. Many such websites are sponsored by law firms designed to gain new clients.
Fighting For Life: Role Of Asbestos Attorneys
What’s so hype about the asbestos attorneys? They are always so busy with one case or the other and most of them are related to the Mesothelioma cancer. Some of them have also become multi-millionaires just by fighting these cases.
Asbestos attorneys don’t just play the legal role. They fight for a social cause and tries to bring justice for the victim and his/her family through with the help of law.
Mesothelioma cancer: A preventive disease
Medical Science has given a clean chit that with proper preventive measures in the working environment no one would have ever suffered from the deadly disease called Mesothelioma. Filtration of asbestos dust from the air you breathe in can provide you with the asbestos-free environment. So the risk of the asbestos fibers entering into your Mesothelium tissues can be inhibited. Thus such a disease like Mesothelioma can be completely wiped out from the society.
The basic cause of the disease can be prevented but no one bothers to do so. Especially the industries that work with asbestos as the raw material never tries to follow the basic codes of precautionary measures. They constantly make their workers to perform their duties in an environment full of asbestos fibers and dust. The sole intention of the company’s management is to make large amount of profits. And the poor workers who struggle for existence finally fight for life.
Asbestos attorneys basically make this point that the Mesothelioma cancer is highly a preventable disease and sets logic in for of the case thus fetching justice for the ignorant victim.
Mesothelioma lawyers fight on good will
Mesothelioma lawyers do get highly paid but they never for fees just after taking the case. Here the humanitarian aspect works in the strongest way. As the patient has to bear lots of expenses on the treatment and despair has already become the integral part of the patient’s life, the lawyer doesn’t want to dishearten the patient with a high charge. The patient will never be able to put such cases in front of the court if the fees are demanded in huge amounts before the case is won.
This is really something benevolent about the Mesothelioma attorneys that they receive the payment only after winning the case. The compensation amount is demanded in such a way that includes the lawyer’s fees. This is something that gives the Mesothelioma patients to stand on their spine and fight for justice in true terms.
Asbestos Attorneys Fight for Mesothelioma Victims
Mesothelioma is a rare and extremely lethal form of cancer, in which malignant cells are found in the protective sac covering most of the body’s internal organs. Mesothelioma, which is caused by exposure to asbestos, can take three to five decades to strike its victims. Those with the greatest risk of developing mesothelioma have worked on jobs where they inhaled asbestos particles, or have been exposed to asbestos dust and fiber in other ways.
Since 1979, more than 43,000 Americans have lost their lives to mesothelioma – an entirely preventable form of cancer. This aggressive form of cancer is believed to strike 3000 individuals per year and the incidence rate is increasing. Given the long latency period of mesothelioma, workers exposed to asbestos in the 1950s and 1960s may only now become ill with this fatal cancer.
Asbestos attorneys are uniquely trained and qualified to understand the devastating impact of mesothelioma on its victims and their families. They are able to provide victims and their families compassionate advice, guidance and support, while simultaneously delivering aggressive and effective legal representation.
Over the past decade, mesothelioma lawyers have successfully tried thousands of asbestos lawsuits, which have earned their clients mesothelioma settlements into the millions of dollars. Compensation is paid by the companies that make the asbestos products, and is essential for victims to be able to cover their medical expenses and to be compensated for their pain and suffering.
In this era of tort reform, however, many have wondered why asbestos attorneys are still so successful, earning multi-million dollar mesothelioma settlements for their clients. The reason is simple. This disease was entirely preventable. Corporations manufacturing and profiting from the sale of asbestos-containing products have been aware of the hazards of asbestos since as early as the 1920s. When juries have the opportunity to learn these facts and to review internal documents of these manufacturers, they time and again side with the asbestos attorneys. The large verdicts – and settlements – underscore the tragedy of mesothelioma: Americans have unnecessarily and tragically contracted asbestos-related diseases.
Mesothelioma lawyers are winning their hard-fought victories through diligent preparation, aggressive litigation, and a willingness to implement new and innovative legal approaches. Beyond the critical financial compensation to victims and their families, however, these legal victories are also bringing about significant changes in the legal duties – as well as in the once-dismissive attitudes – of the employers and insurance companies which deal with mesothelioma victims and their surviving loved ones.
Tuesday, July 27, 2010
A Mesothelioma attorney Vs An Asbestos Attorney
Some people think that mesothelioma is the only disease caused by asbestos-exposure. Truly, it is the most serious because it causes death. But there are other less-threatening diseases caused by exposure: asbestosis, for example. It’s unreasonable and offensive to put a monetary value on suffering and loss of life. However when faced with mesothelioma or another asbestos-related illness, it is reasonable to seek financial compensation to cover expenses from medical bills, loss of work, and pain and suffering. The victim or their family may file a lawsuit in hopes of receiving an award of damages from the court. Because the defendant may very well have been sued for this complaint before, the law firm needs to have prior experience with mesothelioma or asbestos-related cases. Many former employees may have sued a large company who has used asbestos over a prolonged period of time. That means that the company’s lawyers may be well rehearsed at their defense strategies and armed with tactics to protect the company’s best interests. One of the most important steps during this process is to find an experienced mesothelioma attorney or asbestos attorney whose law firm practices in their state. Many firms specialize in litigation for mesothelioma only, so you’ll want to do your research well. Attorneys can be found by searching on the Internet or from referrals from other patients and their families who have been through the process. An experienced mesothelioma attorney needs to be equally prepared. A mesothelioma attorney may already have research compiled on the specific corporation, which can save valuable time in preparing the case. They will also have a set of policies and procedures in place for helping the client walk through the formalities and the decisions that come with a mesothelioma lawsuit. One of the decisions that the attorney can help their client with is whether or not to accept a settlement if one is offered. A mesothelioma settlement is a cash offer from the defendant (the company) in lieu of waiting for the decision of the judge or jury. This cash settlement may be offered before the trial begins or after it has started. Settling out of court saves both parties time and expense, but the plaintiff needs to realize that the defendant will try to settle for as little as possible. To receive compensation, plaintiff’s mesothelioma attorney and asbestos attorney must be able to present a strong case that proves that the defendant’s negligence caused the patient to get mesothelioma. The amount that the defendant offers will usually depend on how strong they think the plaintiff’s case is. If the plaintiff is a smoker or has other possible causes for lung cancer, they may offer less money to settle, or just allow the case to go court, hoping to win.
Asbestos is Everywhere. Even in This Day and Age, Asbestos Can Cause Serious Medical Problems and Even Death
Asbestos is everywhere. Even in this day and age, asbestos can cause serious medical problems or even death to those who work around asbestos or inhale it for long periods of time.
If you have been diagnosed with an asbestos related disease, you need to seek the legal advice of an experienced asbestos lawyer Los Angeles as soon as possible after your diagnosis.
Asbestos can lead to serious health issues. Perhaps the two most serious are lung fibrosis disease and mesothelioma. Mesothelioma is a cancer that has been linked to long term exposure to asbestos.
The removal of asbestos is a dangerous job. Workers are properly suited and protected from the dangerous fibers. However, many come in contact with asbestos on a daily basis without even knowing it.
Asbestos was first mined because it was discovered to be very heat resistant. Therefore, it was used in many things such as building materials. It was even used in making some clothing because of its ability to retain heat.
Be sure that the Los Angeles attorney you choose is experienced in handling cases of asbestos. Make sure they specialize in cases of mesothelioma and lung fibrosis. Don’t be afraid to ask lots of questions before selecting the right California asbestos attorney. But don’t wait to long in making this decision as there just may be a restricted time limit in which you can file a claim. Each state may have different limitations.
Asbestos attorney’s will also be aware of any government regulations surrounding the limits to the exposure of asbestos.Which levels may be considered safe and which levels may be life threatening. These levels, per latest regulations are, the amount of fibers one is exposed to in a given period of time. For example, exposure should not exceed 1.0 fiber per cubic centimeter in a 30 minute period and should not exceed 0.1 fibers per cubic centimeter during an eight hour period.
Billions of dollars have been paid out to victims over the years in asbestos law suites and perhaps billions more are pending in our court systems today. But its getting a little harder to win these cases all the time. A qualified asbestos attorney will devote all the time necessary to investigate your case. Was an employer or their company negligent? Many questions need to be answered and a good Los Angeles asbestos attorney knows all the right questions.
Asbestos Litigation
makes up one of the largest subsets of claims in the field of personal injury law. In fact, it represents the longest running mass tort in our country’s history. In the past 50 years, there have been hundreds of thousands of individual and class action asbestos lawsuits filed in the United States.
By 2002, approximately 730,000 people had filed asbestos lawsuits against more than 8,400 businesses in an attempt to receive compensation for illnesses they developed from asbestos exposure. Between 2002 and 2009, several hundred additional asbestos lawsuits have been filed, and the number of claims has been increasing steadily every year.
One of the main reasons for the recent increase in the number of asbestos lawsuits is the lag time between asbestos exposure and the development of an asbestos-related condition, such as mesothelioma. Often, it takes decades to get sick after asbestos exposure. As a result, people exposed to the toxic substance 30, 40, and 50 years ago are first getting sick now.
The Complexities of
There are many factors which make asbestos claims highly complex. The high volume of asbestos lawsuits filed each year has resulted in the need to spread these cases out in various federal and state jurisdictions. Some claims must be filed in federal court, while some are filed in state courts. Since most asbestos claims are filed against more than one defendant, your lawyer will need to strategically evaluate which court will give you the best likelihood of a successful outcome.
Since it takes such a long time for an illness to develop following exposure to asbestos, your asbestos attorney will need to have extensive knowledge of the issues surrounding asbestos claims in order to successfully prove fault. This takes a great deal of skill and experience.
Furthermore, many mining companies and product manufacturers using asbestos have filed bankruptcy in order to gain protection from losing all of their assets through asbestos lawsuits. The high quantity of companies filing bankruptcy in order to receive financial protection from has resulted in the creation of a trust fund by many of these corporations. This trust fund will be used to compensate victims who have filed asbestos claims. Some of these trust funds are very well endowed, and contain as much as $1 billion. Often, your asbestos attorney may have to file a claim directly with the trust fund as well as with the company responsible for your injuries.
In order to ensure that your claim is handled properly, it is crucial that you work with an attorney who specializes in handling asbestos claims. The company responsible for your injuries will have highly experienced asbestos attorneys working hard to minimize your damage award. By working with an experienced asbestos lawyer, you will level the playing field.
Monday, July 26, 2010
Mesothelioma attorneys: Find an experienced one for your mesothelioma case
If your mesothelioma diagnosis report came back positive, you should search for a qualified mesothelioma lawyer to help you on your case. Experienced mesothelioma and asbestos attorneys have thorough knowledge on the subject and your legal rights. It is important to protect yourself and your family, when you are facing mesothelioma medical treatment expenses. Once you get an experienced attorney it will be easy for you to gain substantial compensation from the company, which has exposed you to harmful asbestos resulting in the dreadful disease of mesothelioma. Finding the right mesothelioma attorney can be difficult, but will often pay off in the end. Asbestos attorneys or mesothelioma lawyers will help you win asbestos lawsuit. So, it becomes important to choose knowledgeable and qualified lawyer. To help you in your search for a qualified attorney, consider the following: a) How many asbestos lawsuits have they handled so far? Have they been successful in getting compensation for their clients? If you feel it necessary, you can even ask for documentation. b) Ask about the fees your lawyer is going to charge. You should also clarify the terms of those fees. Generally, mesothelioma attorneys will charge contingency fees of about 30 to 40% of the compensation you receive. c) It is also a good idea to know whether the attorney you speak with will handle your case or pass it on to someone else. This is especially important if you are uncomfortable with having an attorney you do not know. If you find the right attorney to handle your case, the results can be very beneficial for both you and your family.
Choosing a Lawyer Experienced in Asbestos Cases is Important
It’s impossible for suffering and loss of life to be made up for with money. However when faced with mesothelioma or another asbestos-related illness, many people seek financial recompense to cover their medical and loss of work expenses and to try to regain quality of life. The victim or their family can file a mesothelioma lawsuit in hopes of receiving a monetary settlement as an award of damages from the court. One of the most important steps during this process is to find an experienced asbestos attorney whose law firm practices in their state. Many firms specialize in lawsuits which involve asbestos-related diseases. They can be found by searching online or from referrals from other patients and their families who have unfortunately been through the process. One reason the law firm needs to have prior experience with asbestos-related cases is that the defendant may very well have been sued for this complaint before. A large company that has used asbestos over a prolonged period of time may have been sued by many other former employees. That means that the company’s attorneys will be well rehearsed at their defense strategies and armed with tactics to protect the company’s best interests. An experienced asbestos attorney will be equally prepared. They may already have statistics compiled on the specific company, which can save valuable time in preparing the lawsuit. They will also have knowledge to help the plaintiff walk through the formalities and the decisions that come with a mesothelioma lawsuit. One of the important decisions that an asbestos lawyer can advise their client on is whether or not to accept a settlement if one is offered. A mesothelioma settlement is a monetary offer from the defendant in lieu of waiting for the decision of the judge or jury. This cash settlement may be offered before the trial begins or after it has begun, depending on the circumstances of the particular case. Settling out of court saves both the plaintiff and the defandant time and expense, but the plaintiff needs to realize that the defendant will offer to settle for as little as possible. To receive compensation, the asbestos attorney must be able to present a strong case that proves that the defendant’s negligence caused the patient to develop an asbestos-related disease. The amount of money the defendant offers will depend upon how strong they think the plaintiff’s case is. If the plaintiff is a smoker or has other possible causes for lung cancer, they will offer less in their settlement offer, or just allow the case to go court, hoping to win.
Mesothelioma Attorneys Help You Get Compensation You Deserve
It is very important to take legal action to protect your legal rights when you or someone you love is suffering from asbestos related disease. You need to consult an experienced asbestos lawyer as during this time you may be facing expensive medical care and doubtful future.
Mesothelioma attorney can help you fight in the court and can guide you and your family to get a fair compensation for your lawsuit. Asbestos attorneys can help you in the following ways:
It is too expensive to treat mesothelioma. Medical treatments, hospital stays, etc can cost you too much. And with the passage of time, the expenses increases. It will be not possible to work because of ill health and results in no income.
It is stated in the law that negligent corporations can be held responsible for expenses related to injuries they have caused to victims of mesothelioma. And, mesothelioma attorneys help you and your family recovers the compensation for your illness caused by another person action. Asbestos attorneys help you recover damages for:
Therefore it is important that if you have been diagnosed with asbestos disease or mesothelioma, you need to take support of mesothelioma lawyers to help you get compensation. You have a legal and moral right to seek justice against the people and companies responsible for your illness. You have a right to recover compensation for your emotional pain, physical suffering, and financial losses.
Sunday, July 25, 2010
Asbestos Law Becomes Big Business
Asbestos is a fibrous mineral that has been used in industrial applications for decades because of its resistance to flame. The initial purpose of mining asbestos and using it manufacturing was to save lives. It has been used in countless automotive and marine applications where a fire-retardant material was needed.Ironically, as asbestos began to be widely used the people who were exposed to its airborne fibers began to come down with deadly diseases. In the 1930’s the first links between asbestos exposure and diseases such as asbestosis and mesothelioma became known. While the first lawsuits didn’t appear until the 1960’s, their number has increased over the past years.Since much exposure came from the workplace, the practice of suing the employer for exposure to asbestos has escalated. Hundreds of lawsuits are filed each year in practically every industrialized country by people seeking compensation for death and illness caused by exposure to this mineral’s fibers. While many countries have enacted legislation to curb the use of asbestos and to protect employees from exposure, there are still thousands of new cases of mesothelioma and similar diseases reported each year.Many law firms have devoted their practices entirely to asbestos cases. There are firms specializing in representing plaintiffs and firms who specialize in representing the companies whose actions cause the asbestos exposure. Some cases involve individual plaintiffs and others are large class actions suits, which sometimes involve entire towns where asbestos was mined. Millions of dollars in settlements each year attract many lawyers to be involved with this type of personal injury, but not every attorney is an asbestos attorney. Such cases are usually best handled by a firm with years of experience in this type of case.The job of the asbestos lawyer on either side is challenging. Many firms, especially those catering to blue-collar plaintiffs, only get paid if they win the case or if the opposing firm offers a settlement. However, the settlements often end up in the millions to tens of millions of dollars, so many firms are willing to accept the challenge.
The Basic Principles of Asbestos Law
While the overall issue is complex, the basic principles surrounding asbestos-related law are relatively straightforward. Like other personal injury cases, the plaintiff is seeking damages or a settlement to compensate for illness or injury. The defendant is seeking to avoid wrongful accusation, to maintain their reputation, and to avoid paying any more than absolutely necessary.Mesothelioma is a form of cancer that affects mesothelium, a system of membranes that line the lungs and other major organs. This deadly disease has three types. Pleural mesothelioma involves the lungs. Pericardial mesothelioma involves the lining of the heart, and peritoneal mesothelioma involves the lining of the abdominal area.After much litigation and legislation, most responsible businesses have enacted training and safety precautions to protect their workers from exposure. But there are still many incidents of negligence and neglect on the part of shortsighted employers. When an employee contracts mesothelioma because of work related asbestos exposure, a lawsuit may be required to recover medical expenses and the loss of quality of life.The family affected by the disease will need to find an asbestos lawyer who practices in their state. Many law firms specialize in this type of litigation. The defendant may very well be a large company who has been sued before for this same issue, so the law firm needs to be well equipped to represent the client’s best interests.If the defendant is indeed a company that has used asbestos in their business on a regular basis, they may very well have to deal with dozens or even hundreds of such suits. The defendant’s law firm will need to prepare a set of materials and procedures that could be used repeatedly, but adapted for each case.Each asbestos attorney represents the interests of their client. The plaintiff’s attorneys try to get the greatest amount of cash possible to restore quality of life to their client. The defendant’s attorney may try to avoid the lawsuit altogether by offering a settlement. Otherwise the case goes to trial before a judge or jury.
Federal and State Legislatures Wrestle with Asbestos Issues
Asbestos has been used for centuries as a flame retardant. Its use has been documented as far back as ancient Greek and Persian civilizations. And just as far back, it was noticed that people who regularly came into contact with this fibrous mineral often developed problems with their lungs.It wasn’t until the mid twentieth century that scientific studies were done which clearly linked various types of cancers to asbestos exposure. At first, companies tried to suppress or ignore such evidence. But mounting lawsuits from employees who contracted diseases forced the issue out into the open.Both State and Federal legislative bodies have wrestled with the issue ever since. On one hand is the desire to protect the rights of the individual, who is often a blue-collar worker, from exploitation by large corporations. On the other hand, without the large corporations, many towns would close up for lack of jobs and quality of life would suffer in other ways.In the United States, the Environmental Protection Agency issued the
Saturday, July 24, 2010
?Asbestos Lawyer List? Website Provides Free Online Advertising for Law Firms
Legal firms who specialize in personal injury and class action litigation spend millions of dollars each year on of advertising. This can actually be a very prudent business decision, since defendants in such cases often pay from millions to tens of millions of dollars in either damages or settlements. Since the law firm often receives thirty percent or more of the gross receipts, investing in advertising is a prudent business decision. Television commercials are one popular type of advertising. They are often targeted toward the late night or daytime audience, when airtime is cheaper than prime time. Daytime TV is also attractive since people who are on sick leave and unable to work may be watching. But television advertising is also very expensive, and with more and more channels and entertainment options, its appeal had declined. However, the popularity of Internet advertising is on the rise. More and more people are looking online when searching for everything from consumer product shopping to medical research. In addition to its popularity, online advertising is highly cost effective. Ads placed on websites that are specifically targeted toward asbestos-related lawsuits can be a great places for a mesothelioma law firm to advertise.
Choosing a Qualified Mesothelioma Asbestos Lawyer
An experienced Mesothelioma Asbestos Lawyer is able to examine a client’s work and life history and determine the best course of action.
A good Mesothelioma Asbestos Lawyer is one with many years of success recovering millions of dollars in compensation for Mesothelioma patients and their families.
An asbestos lawyer is more than capable of litigating a malignant Mesothelioma lawsuit. However, a Mesothelioma lawyer is a specialist in dealing with such litigation.
Now there are many law firms and lawyers specialized in this area, it will make it easier for those affected by Mesothelioma cancer to get the legal action and assistance they need to file.
There is an increasing number of attorneys joining to fight against the manufacturer and the field becomes crowded.
It is important to carefully to select someone fully knowledgeable and qualified in Mesothelioma Asbestos lawsuit.
A good asbestos lawyer has a good educational background, understand the unique complexity involving litigation, lawsuit, including settlement asbestos product identification, specific asbestos medical issue, and specific time constraint that file a claim.
This means that asbestos Mesothelioma lawyer receives high percentage to the victim’s recovery if law is successful.
A reputable attorney will be glad to provide facts and figures on the pervious cases that they have been handling.Choosing the Best Mesothelioma Asbestos Attorney
1. Have enough knowledge in the lawsuit that provide and teach you about your legal rights.
2. Good educational background
3. Trustworthy
4. Intelligent
5. Industrious
6. Considerable
7. Not expecting in return (for own interest)
8.Sincere
9.Defensive
Having a qualified Mesothelioma Asbestos attorney is vital because the success of Mesothelioma settlement depends on the cooperation between a victim and the Asbestos attorney as well.
Keep in mind that the good asbestos Mesothelioma attorney has a good foundation for success.
Mesothelioma asbestos attorney inform their clients regarding their chance on how they come up to become successful litigant.
What You Must Do to Make The Asbestos Companies Pay
Asbestos exposure is linked to several deadly diseases, including mesothelioma, lung cancer and asbestosis. More than 3,000 Americans are diagnosed every year with mesothelioma, a rare and extremely lethal form of cancer that is directly caused by exposure to asbestos. Since as early as the 1920s, asbestos companies have known that their products are dangerous and even deadly – yet they have continued to manufacture asbestos. If you or a family member is afflicted with mesothelioma or another asbestos disease, you are entitled to compensation.
Finding a reputable and aggressive attorney to file an asbestos lawsuit on your behalf is the first step in receiving the settlement you deserve. Given that asbestos-related diseases such as mesothelioma are extremely lethal, the average life expectancy after diagnosis is less than two years – high settlements are increasingly common. Multi-million dollar settlements enable victims to be compensated for their pain, suffering and expenses, and for family members to be protected financially when they are forced to face life without their loved one.
In order to make the asbestos companies pay you the settlement you deserve, you will need to present your attorney with several important pieces of information. First, it is beneficial to provide documented proof that you worked, or were deployed, in a situation that exposed you to asbestos. Be prepared to provide your asbestos lawyer with the name of the company you worked for and the time frame of your employment, as well as a description of your job. If you are not able to pinpoint the time and location of your exposure, many attorneys employ private investigators to research your claim and bolster your case.
You should also plan to provide your asbestos attorney with medical records regarding your specific diagnosis and prognosis. Your medical records or those of your loved ones will help to form an essential picture of the degree of your pain and suffering. This will aid a jury in affixing a dollar value to your asbestos award. If your case does not reach the trial stage, this information will bolster your attorneys negotiating position with the asbestos companies, who will try to get away with as small a negotiated settlement as possible.
Most importantly, you must act quickly to get the compensation you deserve from the asbestos companies. Many states have statutes of limitation, which dictate how long you have to file a claim. Since the diseases caused by asbestos exposure can take up to fifty years to manifest themselves, time may be of the essence.
Friday, July 23, 2010
Top 10 Things to Ask Your Mesothelioma Attorney
Mesothelioma is a rare and extremely lethal form of cancer caused by exposure to asbestos. Individuals who have worked on jobs where they inhaled asbestos particles are at the greatest risk. Since as early as the 1920s, asbestos corporations have been aware of the risks; yet they have continued to irresponsibly manufacture and distribute asbestos.
If you or a loved one has been diagnosed with mesothelioma, or if a family member has died as a result of mesothelioma, then you are entitled to recover compensation through a mesothelioma lawsuit against the companies that made these asbestos products. According to a recent Wall Street Journal article, the average settlement today is $1,000,000. If the case goes to trial, the average award jumps to $6,000,000.
The first step in getting the compensation you deserve is finding an asbestos attorney. With more than 3000 Americans diagnosed every year with mesothelioma, the number of attorneys involved in mesothelioma lawsuits is growing exponentially. In order to find the best person to advocate for you and your familys needs, you should select an attorney that has the required experience and skill to aggressively represent your interests. The following ten questions can guide you in this process.
1. Am I eligible to file a mesothelioma lawsuit? Many states have statute of limitations on tort cases, so it is important to contact a lawyer quickly.
2. Would you handle my case on an individual basis or as part of a class action suit? Some larger firms may already have settlement agreements with particular asbestos companies, which might preclude them from taking on your case.
3. What is your personal experience in representing mesothelioma patients? How many cases have you personally handled?
4. What is your track record? How many of your cases are settled? How many went to trial? And what were the results of each case?
5. Does your firm specialize in asbestos cases? How many other attorneys work on mesothelioma cases? What kind of support staff and resources are available to you in researching and arguing my case?
6. Do you intend to handle my case personally? Many attorneys outsource the research to another law firm, in exchange for part of their fee. This may not be in your best interest.
7. How will fees be handled for my case? Most mesothelioma attorneys work on a contingency basis, which means that they receive a percentage of your compensation award. A typical contingency percentage in mesothelioma lawsuits is 33 to 40 percent of your settlement. If your suit is not successful, then the attorneys earn nothing.
8. What can I expect from my mesothelioma lawsuit? Ask the attorney to outline the preparation process and trial procedures, and to describe your role in each stage. These questions will not only help you to learn more about the litigation process, but also about the attorneys communication skills and style.
9. How long do you expect the research stage to last? What information and input will you need from me, from my family and from my doctor?
10. Which jurisdiction will my case be tried in? Average compensation varies by region, which is important to keep in mind if you were exposed to asbestos in more than one state or county.
Asbestos Mine Cleanup Programs
Asbestos is the term for a group of minerals which have rather amazing qualities. They are heat resistant, do not conduct electricity, block sound, and resist chemical change. As well, they are fibrous and very durable and strong.
For about a century until the 1970s or 1980s, asbestos was mined worldwide and used in many industries. Family homes, schools, and most buildings of any type had asbestos in insulation for electrical wires, in drywall, flooring, ceiling tiles, and plumbing. The people who worked in industries using asbestos, or who worked in asbestos mines, were exposed daily to the tiny asbestos fibers which easily become airborne. From the air, they get stuck in clothing, hair, shoes, food and drinks. So they were breathed in daily, and ingested in meals. Family members were exposed to the fibers brought home in clothing etc.
Most asbestos mines have been closed down. But wherever asbestos was extracted from the earth or processed in nearby plants, the fibers remain in dust, in the soil, blown by the wind, posing a hazard to local residents. All those sites need to be cleaned up and the asbestos safely disposed of. The Federal Government has been active in this, in particular the Environmental Protective Agency (EPA).
There are many abandoned asbestos mines across the U.S. and in other countries such as Britain, Australia and South Africa. In Britain and Australia, cleanup is underway. In South Africa, it has not begun at all and from many old mines, blue asbestos fibers (the most deadly type of fibers) blow every day on to nearby communities. Those mines were owned and run by various international companies, including one owned by Stephen Schmidheiny, a Swiss environmentalist who began the World Business Council for Sustainable Development.
Recent Clean-up Efforts
In this country, the U.S. Geological Survey has conducted a long project to identify and map asbestos mines and the occurrences of asbestos, whether or not they have been mined. The E.P.A. is now supervising a variety of Superfund cleanup projects nationwide, of which the following are some examples.
How is Asbestos and Mesothelioma Linked
Persistent diseases like lung cancer and mesothelioma was extremely common in construction workers who were exposed to asbestos fibers or dust, doctors began making a connection between asbestos and mesothelioma. Shipping, construction and other workers, who were exposed to asbestos from the 1950s to the 1970s, when the dangers of asbestos was being recognized, are still suffering from the ill effects of asbestos exposure at work. More and more cases of people working under asbestos were infected with mesothelioma. So, Asbestos was considered a cause of mesothelioma. Various laws and regulations are in place, which is designed to prevent workers from exposure to toxic asbestos.
Workers who may have been exposed to asbestos in the 1970s, they are showing the symptoms of mesothelioma now. The reason behind this is that mesothelioma is slow to manifest. Mesothelioma cannot be diagnosed during its early stages. Because its symptoms take too long to manifest and it is often mistaken with those of other diseases, mesothelioma can be mistaken as pneumonia or other diseases during its early stages. The symptoms of mesothelioma include shortness of breath, abdominal swelling, chest pain, chronic cough, fever, weight loss, etc.
Different laws and regulations have limited the use of asbestos; mesothelioma takes a long period to develop means that it still has a large number of probable victims. Professions with the risk for asbestos exposure and mesothelioma are those which involved repeated exposure to asbestos in its industrial forms. These professions could be electricians, construction workers, bricklayers, mechanics, insulators and people involved with commercial or home construction before the 1970s.The families of these workers or people were also at risk, since they may have inhaled asbestos through the employee’s clothing or hair.
As more and people are getting aware of mesothelioma and asbestos there has been a significant amount of increase in lawsuits against companies who irresponsibly used asbestos, exposing their employees to the threat of mesothelioma and other life-threatening asbestos-related illnesses. If you were exposed to asbestos at any period of time you can get yourself diagnosed for mesothelioma. A mesothelioma sufferer or his family can contact an asbestos attorney who is experienced in mesothelioma litigation. A mesothelioma lawyer will help the person recover damages for the pain and suffering incurred through asbestos exposure.
Thursday, July 22, 2010
Mesothelioma and Its Links to Asbestos
It has been in use since the mythological era of Ancient Greece, but asbestos is a modern-day killer. Widely used for fireproof insulation purposes in the nineteenth and twentieth centuries, asbestos has since been found to cause the deadly cancer mesothelioma along with other lung conditions.
Occupational Exposure and Dangers To Workers
After noticing that chronic diseases, especially cancers of the lung such as mesothelioma, were extremely common in construction workers who were exposed to asbestos, doctors began making a connection between asbestos and mesothelioma. Unfortunately, construction and other workers who were exposed to asbestos from the 1950s through the 1970s, when the dangers of asbestos were more fully recognized, are still suffering from the ill effects of asbestos exposure at work. There are now laws and regulations in place that are designed to prevent workers from exposure to toxic asbestos; however, these laws cannot undo years upon years of exposure to this deadly mineral in the workplace.
Delayed Diagnosis Due To Long Dormancy Period
Workers may have been exposed to asbestos in the 1970s, but may only just now be developing the tell-tale symptoms of mesothelioma. This is because the disease is slow to manifest, which challenges doctors struggling to diagnose and treat mesothelioma patients in time. Because its symptoms take so long to manifest and often align themselves with those of other diseases, mesothelioma in workers may be misdiagnosed as pneumonia or other diseases during its early stages.
Mesothelioma Symptoms
Symptoms of mesothelioma include:
Asbestos- an Ancient Link to Deadly Mesothelioma
Asbestos has been used since the times of the Ancient Greeks, but its dangers are a modern-day issue. Asbestos was used often in the nineteenth and twentieth centuries because of its high tolerance to heat and its usefulness in fireproof insulation. However, recently it has been exposed that when inhaled, asbestos causes deadly lung conditions such as mesothelioma.
Occupational Exposure and Dangers To Workers
After noticing that chronic diseases, especially cancers of the lung such as mesothelioma, were extremely common in construction workers who were exposed to asbestos, doctors began making a connection between asbestos and mesothelioma. Unfortunately, construction and other workers who were exposed to asbestos from the 1950s through the 1970s, when the dangers of asbestos were more fully recognized, are still suffering from the ill effects of asbestos exposure at work. There are now laws and regulations in place that are designed to prevent workers from exposure to toxic asbestos; however, these laws cannot undo years upon years of exposure to this deadly mineral in the workplace.
Delayed Diagnosis Due To Long Dormancy Period
Workers may have been exposed to asbestos in the 1970s, but may only just now be developing the tell-tale symptoms of mesothelioma. Mesothelioma is slow to appear which causes doctors to have a hard time diagnosing and treating patients with the disease in time. Because symptoms of mesothelioma don’t show up for many years after exposure and are similar to symptoms for other diseases, workers with mesothelioma might be misdiagnosed during the early stages of the disease.
Symptoms of mesothelioma include:
Notable Asbestos Class Actions
Since the 1933 lawsuit in which an attorney representing eleven asbestos workers filed suit against employer Johns-Manville, the number of employees and other people suffering devastating health affects from asbestos exposure has soared. By the 1970s it became apparent that the effects of asbestos often took 20 to 50 years to manifest the diseases they caused. Since then over 200,000 people have died of asbestos related diseases. Many of those afflicted have filed suit, either individually or as class actions creating a backlog of claims in the courts and prompting the need to find a more efficient way of processing these claims.
A 1997 class action case in which employers attempted to limit their liability as well as to expedite the claims process was referred to the U.S. Supreme Court for a decision concerning a petition submitted by the companies. In Amchem Products, Inc., et al. v. Windsor et al. the petition was proposed by 20 asbestos-using employers that would offer settlement based upon nine plaintiffs’ and their families being representative of a class of people who, prior to their current suit, had not previously sued any of the 20 companies involved in the suit. Additionally these plaintiffs had been exposed to asbestos through employment with one of these companies, either their own or that of a spouse or household member, or was the spouse or household member of one who had been exposed.
Although a lower District Court approved the plan the Supreme Court reversed that decision for several reasons. In a class action suit, the main points of any agreement must be common to all of the plaintiffs in that class. In this case, the petition grouped all current and future claimants into one class, for which there were insufficient common interests. Not all of the potential claimants had manifested symptoms of asbestos-related diseases. Some alleged only exposure. There were no subclasses delineated, and no distinctions drawn between the many different types of disease and injuries that could result from asbestos exposure. By not drawing any such distinctions, there was no way to determine a settlement that addressed claimants equitably. For example, a person who was merely exposed with no symptoms had not incurred the same expenses and losses as a person who developed advanced fibrosis and was no longer able to work, but was incurring endless medical bills for diagnosis, care, and treatment.
The plaintiffs named in the action were given the option to opt out of this plan within a specified period of time, but that provision prevented future claimants from opting out. Since all future claimants were automatically included in the
Wednesday, July 21, 2010
Mesothelioma, Asbestos Lung Cancer, Asbestosis, Pleural Thickening
There are five main asbestos diseases including asbestos cancer that can develop following exposure to asbestos fibres. These are malignant asbestos mesothelioma cancer, asbestos lung cancer, asbestosis, asbestos pleural thickening and asbestos pleural plaques, however, doctors who do not regularly diagnose asbestos disease can misdiagnose (or be slow to give a diagnosis) what the condition is. This can lead to sufferers of asbestos disease wrongly concluding they do not have a right to make an asbestos compensation claim. It is therefore extremely important for sufferers of lung disease who have been exposed to asbestos fibres to immediately contact a specialist asbestos lawyer or asbestos attorney for advice and assistance in obtaining an accurate diagnosis if there is any doubt.
There are five main asbestos diseases including asbestos cancers that can develop following exposure to asbestos fibres These are malignant asbestos mesothelioma cancer, asbestos lung cancer, asbestosis, asbestos pleural thickening and asbestos pleural plaques, however,
Doctors who do not regularly diagnose asbestos disease can misdiagnose (or be slow to give a diagnosis) what the condition is because:-
A history of asbestos exposure may not be volunteered to the doctor at an early stage as it may have occurred 30, 40, 50 or even more years prior to seeing the doctor and may have been forgotten about. A striking feature of asbestos disease is this long latency period between exposure and onset of symptoms, the fibres laying dormant for many years before causing asbestos disease or symptoms for which medical advice is sought.
Some asbestos diseases require exposure to only very few asbestos fibres to cause illness, especially mesothelioma which can be caused by just one fibre being inhaled into the lungs! This adds to the above mentioned difficulty of no, or only poor, recollection of exposure to asbestos fibres and accurate diagnosis.
As chest physicians become more aware of asbestos disease, due to its increasing incidence, and the need to ask patients at an early stage if they have ever been exposed to asbestos fibres, these difficulties become less and less of an issue, however, in addition to early history taking the following further difficulties regularly arise.
The radiological evidence (shown on x-ray films) is often misunderstood. This can often lead to a incorrect diagnosis being made in asbestos disease cases of pleural plaques and pleural thickening. This is usually due to inexperience and the fact that radiological evidence of asbestos pleural plaques is similar, to the inexperienced eye, to asbestos pleural thickening and vice versa.
This is important in the context of asbestos UK disease litigation as asbestos pleural plaques is currently not considered to be an “injury” by the UK courts for which compensation can be awarded! This is in spite of the fact that pleural plaques sufferers were routinely awarded compensation for twenty years prior to a Court of Appeal ruling in 2006.
Accurate diagnosis in cases of asbestos pleural thickening can be difficult due to the fact that apart from the potential for it to be radiologically confused with pleural plaques, it can also be confused with other non-asbestos related injuries or illnesses. For example, as part of the careful history taking in cases of suspected pleural thickening, it is important to ask the patient if they have ever had a fractured rib or ribs. The healing process of a fractured rib can leave behind radiological evidence that shows up on x-rays as pleural thickening. Other prior lung complications and conditions can also leave behind such evidence.
Difficulties can also arise when trying to arrive at an accurate diagnosis in cases of asbestosis. Asbestosis is the scarring of lung tissue caused by asbestos fibres in the lungs. The difficulty here is that scarring of lung tissue can be caused by other factors or foreign bodies entering the lungs and not just asbestos fibres. Lung scarring or fibrosis appears the same on x-ray films regardless of what has caused it. It is therefore crucial, perhaps more so than with any other asbestos disease, to ensure an early and very detailed history of significant exposure to asbestos fibres is taken and recorded as lung fibrosis can only be diagnosed as asbestosis if the patient has suffered significant and heavy exposure to asbestos fibres in the past.
Asbestos Ban and Injuries
Asbestos rose in popularity due to its useful nature. Extremely malable and great for insulation (not to mention cheap to produce), asbestos became a preferred material for many companies and homeowners.
Unfortunately, as time wore on, the medical community started to notice more and more internal injuries from laborers and home-owners who worked closely with asbestos. On top of that, they noticed that injury could occur even years after exposure took place.
What happened as a result was a strong warning about the effects of asbestos as medical understanding continued to improve. Sadly many industries were slow or even resistant to the idea of finding new materials to replace the affordable and effective asbestos. As a result, many individuals suffered from asbestos ailments even after medical evidence proved its danger. That is why today we see a strong legal reaction in defense of people who are diagnosed with asbestos related injury.
To better understand if you or a loved may be suffering from asbestos ailment, we should analyze the two most common types of injury: asbestosis and mesothelioma.
About Asbestosis:
Asbestosis is a non cancerous ailment that effects the lungs. The key to proper lung function is elasticity and the ability to convert gases into a usable form for the body. When asbestos fibers are inhaled at too large a capacity, those fibers damage the lower lobes of the lungs, causing damage to both elasticity and capacity.
It is also important to note that asbestosis is degenerative, and can take a long period of time to show up. Asbestos injuries are known for taking years (even decades) to begin to take serious negative turns. Getting checked and treated as soon as possible is key to preventing this cascading effect.
About Mesothelioma:
The other frequently encountered injury from asbestos is Mesothelioma. Mesothelioma is an extremely serious disorder that, unlike asbestosis, is cancerous in nature. Mesothelioma occurs when asbestos fibers cause a cancerous degeneration of mesothelium, or lining of organ walls.
Mesothelioma is also known to compromise the lining of the lungs and abdominal cavity. In addition Mesothelioma has been linked to kidney, colon, lung, larynx, and pancreatic cancer. If patients are diagnosed in late stages of Mesothelioma their prognosis is generally poor (less than 1 year to live).
Your legal Rights:
Asbestos law is now an established sector of the legal community. Enough medical evidence has been collected to create a solid legal precedent for success in asbestos cases.
If you or a loved one has been diagnosed with one of the illnesses above (or a lesser known asbestos injury), you have the opportunity to pursue appropriate legal compensation for medical expenses and suffering.
It is important to establish evidence that you worked or experienced extended exposure to asbestos. In that vein, be sure to have as much documentation as possible both from your doctor and your place of employment (if applicable).
Second, it is critical to locate a skilled asbestos attorney in your area. The ins-and-outs of any medical oriented case can become complex, and it is critical have representation who is familiar with establishing strong cases against big firms.
New Research Gives Hope to Asbestos Disease Sufferers
New medical research, which has isolated a gene that appears to protect against lung cancer, has been welcomed by Asbestos campaigners as a potentially massive breakthrough.Mesothelioma, which is caused by ingesting asbestos dust, has resulted in the deaths of many former manual workers in the UK. Around 2000 people every year are diagnosed with the disease, resulting in a great cost to the NHS and terrible suffering for patients, who have to undergo chemotherapy and other cancer battling medical procedures.Breakthrough offers hopeThe new research, by scientists at the University of Nottingham, has revealed a possibility for treating not just mesothelioma but other forms of cancer as well. The scientists discovered that lung cancer samples they analysed were missing a gene called LIMD1, which they believe acts as a tumour depressant in the body.Ed Yong from Cancer Research UK commented that: “This study fills in another piece of the lung cancer puzzle. Anne Craig, whose husband David died of the disease said that she hoped for a cure for the illness.”This breakthrough could have very significant implications for research into mesothelioma. Researchers discovered that people without this particular gene were more likely to die from lung cancer, but seemed to be protected if they had it. Personal injury claimsMesothelioma is one of the major causes of personal injury claims related to work in the UK and many thousands of families have won compensation from their loved-ones former employers. A recent ruling in the high-court found that relatives were also able to claim compensation from insurers even if the company that was responsible for the disease had gone out of business. As well as the workers themselves, relatives of workers have also been affected by the disease. In a recent case, a pensioner has been awarded a
Tuesday, July 20, 2010
Hire an Mesothelioma Attorney for Free
The role of an Asbestos Attorney is not just playing a legal role for the client. They fight for Justice and to bring peace and compensation to the victim and his family. This task which they accomplish with difficulty is through the use of a complex structure you call as Law and its effigy the Courtroom.
Is Mesothelioma Cancer Preventable?
With proper safety measures in the working environment medical Science proves with certainty that mesothelioma cancer is preventable. Asbestos- free environment can be obtained by the filtration of asbestos dust from the air which go into the lungs and cause the fatal cancer. Thus the mesothelioma tissues which are affected by this dust remain healthy and mesothelioma can be completely wiped out from the planet.
The basic codes of precautionary measures were not followed by asbestos related industries in the past which caused a higher number of asbestos related illnesses. The workers used to toil in an environment full of asbestos fibers and dust. Profit being the primary focus of the company’s safety became the second priority thus aiding the illness related deaths further.Mesothelioma Attorneys who understand this make a point that the disease being highly preventable and thus they help these unwitting victims get justice.How much does this Cost?
Upfront fees are not taken in most of the law firm’s speacilizing in Mesothelioma. The attorneys do understand the nature of the disease and the heavy expenses beared by the client for the treatment and taking into account various factors including the stress a patient faces when dealing with this illness, a mesothelioma attorney won’t charge u upfront. Thus giving a typical patient to stand up and fight for what they have faced and for getting the much needed Justice for their troubles.
How to Get A Personal Injury Settlement for an Asbestos Related Disease
Asbestos is a naturally occurring mineral that is thermally stable and incombustible. For many decades it was used to insulate buildings. On the surface it seemed like an ideal insulator.
However, when asbestos is processed, microscopic fibers are prone to get airborne. When that happens it is more than likely that anyone in the vicinity will breathe in the contaminated air.
During the 1980s the medical community warned the industry and the public about the hazardous effects of asbestos inhalation. They let it be known that anyone who breathes in asbestos fibers may develop serious or even fatal diseases such as asbestosis, mesothelioma, or other chronic diseases that may cause cancer.
Unfortunately, even though the risk was widely known, many companies chose to ignore it. They did not take adequate steps to protect their employees. As a result, many people, especially in the construction industry, got sick. Sometimes it took years, other times it took decades, but they got sick none-the-less. Some people had even already retired from the job that caused their illness before it happened to them.
When a person is diagnosed with any disease that was caused by being exposed to asbestos, if their poor health is a direct result of their current or previous employers wrongdoing, he or she may be entitled to financial compensation through a court verdict or a personal injury settlement.
If this has happened to you or to someone you know, there are a number of things that you should do. One of the first things is to find the best asbestos attorney for your situation. You, your friends, or your family members may be able to refer a lawyer that they know. That attorney should of course be reputable and have successful experiences in asbestos related litigation.
If you don’t have any referrals then the Internet is a great place to begin your research. Many law firms that represent clients on asbestos related cases publish information about the cases they’ve been involved with as well as the amount of money they recovered for their clients.
Wherever you get your leads, in order to find the best asbestos attorney, you should ask them for a free consultation. This will give you the chance to meet with the individual or the team in person and see if you would be comfortable with their representation.
While you are deciding which lawyer that you want to represent you, it is time to start documenting your case. The more information you have the more likely it is that you will receive the highest compensation available.
Gather whatever paperwork you can that pertains to your employment history and your health condition. Make a list of potential witnesses (if any) and also put together any photographs that you have of yourself – both before and after your diagnosis. Every bit of information can help strengthen your case.
The Deadly Health Hazard of Asbestos
Asbestos is a term used for some naturally occurring minerals that form long thin fibers and fiber bundles on crystallization. Most commonly found group is the serpentine group that includes Chrysotile (white asbestos). It is also the most frequently mined form of Asbestos. Another very important asbestos group is known as the amphiboles, which includes Crocidolite (blue asbestos) and Amosite (brown asbestos). The asbestos fibers have high tensile strength, and chemical, electrical and heat resistance properties and so are extremely useful as a building/insulation material. Asbestos has been used extensively all over the world.Asbestos: General InformationAlthough Asbestos is a hazardous material, it poses a health risk only if the Asbestos fibers become airborne and subsequently inhaled. Therefore, most Asbestos materials pose little health risk unless they are disturbed in a way that allows the fibers to be released into the atmosphere. Inhalation of asbestos fibers can lead to serious diseases such as lung cancer, Mesothelioma (a cancer of the lining of the lungs or lower digestive tract) and asbestosis (a chronic fibrosis of the lungs).Many industries used Asbestos extensively in the past, exposing their workers to this deadly materials. As a result, many new cases of Asbestos caused ailments are occurring now. However, the fact that Asbestos was also installed in many buildings means that a wider range of people still have the potential to be exposed – particularly building and maintenance workers. For this reason, the latest revision of the Control of Asbestos at Work Regulations introduces (from May 2004) a new responsibility on those responsible for non-domestic premises to manage the asbestos contained in them.Asbestos Caused DiseasesMesothelioma is a cancer of the pleural and peritoneal lining. It exclusively related to asbestos exposure. By the time it is diagnosed, it is usually fatal. Mesothelioma has a long latency period (time between exposure and onset of disease) of at least 15 years and sometimes as long as 60 years.Asbestosis is a scarring of the lung tissue. This scarring impairs the elasticity of the lung and hampers its ability to exchange gases. This leads to inadequate oxygen intake to the blood. Asbestosis restricts breathing leading to decreased lung volume and increased resistance in the airways. It is a slowly progressive disease with a latency period of 15 to 30 years.Lung Cancer is a malignant tumor of the bronchi covering. The tumor grows through surrounding tissue, invading and often obstructing air passages. Again, the disease has a long latency period of at least 20 years.The victims of all these asbestos related diseases are eligible to file lawsuits for compensation against the persons and organizations responsible for causing asbestos exposure. They can take the help of mesothelioma and asbestos attorneys to fight their compensation claims.
Monday, July 19, 2010
Prolonged Exposure to Inhaling Asbestos Can, and Has Been Proven Fatal
Exposure to Asbestos can result in serious medical complications for its victims. In many cases, the results of prolonged exposure to inhaling asbestos can, and have been proven fatal.
There are strict government regulations regarding a persons exposure to asbestos. Exposure should not exceed a level of 0.1 fibers per cubic centimeter in an eight hour period and should not exceed a level of 1.0 fiber per cubic centimeter in a 30 minute period. Some asbestos fibers can stay air born for up to three days.Asbestos lawyers Los Angeles, upon determining whether a company is responsible, by negligence, which in turn causes you bodily harm due to overexposure to asbestos, will assist you in getting a compensation settlement you deserve.
Lung fibrosis and mesothelioma, a form of cancer, are just two of the most serious results due to prolonged exposure to asbestos.
Settlement amounts awarded have reached into the thousands, even millions of dollars. But, these dollar amounts can vary greatly from state to state and can also depend on the severity of the damages to the victim as an end result to prolonged exposure to asbestos.
Victims of lung fibrosis or mesothelioma need to act quickly after being diagnosed. Different states may have different time limitations in which to file a case. An expert lawyer in the field of dealing with asbestos cases will be well aware of these statute of limitations. Along with the experience in determining every aspect of your case such as:
Medical Experts Deem Asbestos as industrial Manslaughter
At the 2008 President’s Cancer Panel in September, medical experts demanded that the industrial manslaughter of millions of American workers be addressed including the use of asbestos that causes an incurable form of lung cancer known as mesothelioma. Most comments derived from a professor of environmental and occupational health sciences at SUNY Downstate Medical Center.
Jeanne Mager Stellman, PhD, told the panel that “decades had been wasted on examining the problem of carcinogens” at work and caused health issues among US employees. Dr. Stellman also explained to the panel that the government was responsible for the “lack of the will to prevent occupational disease, death and disability” among workers across the United States.
The President’s Cancer Panel is made up of individuals who with to “improve the investment in preventing cancers” that harm US citizens; the panel is an extension of the National Cancer Institute (NCI).
However, Dr. Stellman, who gave a deposition of industrial carcinogens claimed that the toxic effects felt by many workers had manifested through the years and eventually caused the development of cancer among thousands, and basically stated that the panel was not doing enough to protect workers from carcinogens such as asbestos in the workplace.
Where Is Asbestos Used?
Considered a carcinogen, asbestos has been classified by the Environmental Protection Agency (EPA), the U.S. Department of Health and Human Services and the International Agency for Research on Cancer. Asbestos was processed from vermiculite mines that were constructed across the country and employed thousands of Americans until they were deemed unsafe and closed in the 1970s and 1980s. The use of asbestos, however, had already been implemented throughout the construction industry in a vast number of products including the following, according to NCI:
Naturally Occurring Asbestos is a Pollutant, Government Agency Says
Naturally occurring asbestos (NOA) has recently been deemed a dangerous pollutant, according to a study published in an October 2008 issue of Chemical Science and conducted by the National Institute for Occupational Safety and Health.
According to researchers from the organization, naturally occurring asbestos is the name that describes “the silicate minerals serpentine and amphibole” that can form extremely thin crystals in patterns similar to that of cotton or silk, with extreme parallel alignment and, when crushed or broken, can cause asbestosis among individuals who inhale the particles.
What is Asbestosis?
Asbestosis occurs when the lungs have been exposed to asbestos fibers and the lungs react by becoming chronically inflamed as cancerous cells begin to form on the protective lining of the body’s internal organs, especially within the lungs. Signs and symptoms of asbestosis can be difficult to spot and are often misdiagnosed for other similar conditions, which is why it is important for an individual who may have been exposed to naturally occurring asbestos to seek medical attention immediately. Signs and symptoms of asbestosis include the following, according to the Mayo Clinic:
Sunday, July 18, 2010
The History of Asbestos: Lies, Half Truths, and Deceptions
“The History of Asbestos” is a 25-minute film that investigates the decades of lies, half truths, and deceptions practiced by the asbestos industry. From the first asbestos claim in 1925, to the grossly misnamed Air Hygiene Foundation of the 1930s, and the bankruptcy of the major asbestos companies in the 1980s, it tells the story of the asbestos cover-up and the staggering number of victims it claimed through asbestosis and mesothelioma fatalities. Hidden documents, corporate negligence, and a policy of deception contributed to a conspiracy aimed at preventing asbestos industry workers from learning that asbestos dust could kill them.
Click here to view “The History of Asbestos”.
Asbestos is a carcinogen that was once widely used on construction sites and in products such as insulation, ceiling tiles, and car brakes. Breathing in asbestos causes mesothelioma, a type of cancer that affects the lining around the lungs and other organs. Malignant mesothelioma can take two forms: a cancer of the membrane that surrounds the lungs and lines the wall of the chest cavity (pleural mesothelioma) or a cancer of the membrane that covers the organs in the abdominal cavity (peritoneal mesothelioma). Malignant mesothelioma is almost always fatal, and even light asbestos exposure can result in cancer.
The New Jersey mesothelioma attorneys of Cohen, Placitella & Roth have extensive experience handling asbestos exposure cases and mesothelioma lawsuits. They have been helping New Jersey residents affected by mesothelioma receive much needed monetary compensation for over 35 years.
In Wake of Hurricane Comes Risk for Asbestos Exposure
Individuals who have been affected by Hurricane Ike are still dealing with the after affects including exposure to asbestos fibers from destruction of homes caused by flooding.
According to the International Herald Tribune, following the hurricane, homes and roads were left with debris as well as a toxic sludge made of mud, human waste, lead, gasoline and asbestos in the wake of floodwaters, which have since receded. The potential for these fibers to dry and become airborne may be serious and could cause an increased risk of mesothelioma cancer among hurricane victims as well as nearby residents because of asbestos exposure.
What is Asbestos Exposure?
Asbestos fibers become airborne and cause the development of cancerous cells among victims. For years an exposed individual can live and behave as normal while the cancer remains dormant. However, once the symptoms begin to show, a victim usually has little success at treating the condition and the survival rate shrinks increasingly.
The National Cancer Institute (NCI) described the following symptoms of mesothelioma:
Tips to Find Mesothelioma Attorney
A person suffering from Mesothelioma needs legal support for getting compensation. There are many attorneys out there which can help a victim to obtain compensation from the manufacturers of the asbestos. Nowadays you can easily find specialized mesothelioma attorneys. They have lots of knowledge and experience in this field. There are many things which an attorney can do for a patient and his relatives. Lawyers can help the victim not only in recovering the medical costs but also lost wages and punitive fees. It is a good idea to spend some time with the attorney before you decide something. The victim should share all his fears and expectations with a company representative. Company providing legal support for the patient has contacts with medical as well as legal associations. You should always look for a company which is having a good reputation as well as work experience. Do you know enough about Mesothelioma? It is one of the most destructive forms of cancers. It is mainly found in the people who are exposed to asbestos particles for a long time. Asbestos particles are very harmful for the organ systems of the human body. There are two main types of this form of cancer. The first one is called benign and the second one is malignant. Malignant form is seen more commonly. The most common form of this disease is diffuse malignant pleural mesothelioma. Malignant form of the disease spreads very rapidly and can reach other organs and systems like heart and gastrointestinal tract. The malignant form is not curable and the life expectancy of the patient diagnosed with mesothelioma is very less. The patient can live for several years if timely diagnosis is made. It is a good idea to visit a physician on the appearance of first symptoms. Person suffering from this form of this disease need professional care and emotional support. If your loved one is diagnosed with mesothelioma then I would recommend you to look for proper medical and legal support. There are many law firms which specialize in asbestos cancer. You should try your best to find an experienced and reputed attorney. You can find the lawyer with the help of yellow pages, online directories and related websites. It is a good idea to consult a friend or relative who had recently handled a case of asbestos cancer. Finding a legal support is a bit difficult task but it can be easily done if you follow some tips and instructions which are stated in this article.
Saturday, July 17, 2010
Asbestos the Unseen Killer. You May not See it or Smell It, But We are All Inhaling it
Asbestos…….The unseen killer. You may not see it or smell it, not even know that it exists, but we are all inhaling it. Many more than others.
We are all surrounded by asbestos every day that we walk and breath. The only difference is that those who are exposed on a daily and regular basis are more at risk than most.
Lung Fibrosis and Mesothelioma, cancer, are perhaps two of the deadliest results caused from long term exposure to asbestos.
Long term exposure is generally classified to those who work around asbestos and inhale asbestos fibers on a regular, daily basis at or above the dosage amount that is regulated by the government. Meaning, how many fibers per cubic centimeter per hour are legal. You need a qualified asbestos lawyer to know what these regulated laws are. Persons living near asbestos mines are also subject to severe health issues. Some asbestos fibers can remain in the air as much as three days.
Asbestos Lawyers Los Angeles are there to help you every step of the way if you are diagnosed with an asbestos related illness.
No one is safe from the exposure of asbestos. Those who work closely around the asbestos fibers are not only inhaling those fibers but may be bringing these fibers home to their families. Those family members, after being subjected to the asbestos fibers for a period of time,may also fall victim to it’s deadly effects.
Asbestos became popular after it was discovered to be a highly fire resistant material. Even used in clothing in some areas. However, after its discovery and usage, no one knew the devastation it would bring upon everyone years later.
If you have been diagnosed with lung disease or Mesothelioma, contacting Asbestos Lawyers Los Angelesas soon as you can is critical. Depending on the state in which you are filing your claim, the laws may determine the amount of time in which you have to file. This is known as ’statute of limitations’.
The amount of settlements also vary drastically from state to state. Some have been awarded thousands of dollars and some have been awarded millions.
A qualified asbestos lawyer handling your case will work to get you compensated for financial upsets such as lost wages and medical expenses endured but expenses that may be yet to come. You may also be entitled to compensation for mental anguish.
Asbestos a Continuing Health Danger
The Super Cool actor of the 1960s, Hollywood legend Steve McQueen, came down with lung problems which cut his life short at the age of 50. This tough movie actor was stopped by an illness called Mesothelioma, a rare type of lung cancer caused mostly by asbestos.
Asbestos, the once hailed Miracle Mineral has now become the Devils Dust. Asbestos is a name which was given to a group of 6 different, naturally occurring, fibrous minerals. These minerals are (amosite, chrysotile, crocidolite, and the fibrous varieties of tremolite, actinolite, and anthophyllite). The properties of these minerals contain strong, separable fibers that are heat resistant and flexible enough to be woven or mixed into thousands of products.
Products for the entire building industry were made out of asbestos and many still are today. Asbestos was used in insulation, wallboards, ceiling tiles, floor tiles, roofing shingles, paper products, cement products, brakes and all types of heat-resistant fabrics. Asbestos is still being mined right now, mostly in China, Russia, Canada, Brazil, Kazakhstan and Zimbabwe.
The danger with asbestos is that it is everywhere. It’s still in many peoples homes and it’s still used in many products today. The problems arise when that old asbestos board or insulation is damaged and then these tiny fibers float into the air. The fibers then become inhaled and never leave your lungs. As they accumulate in your lungs, many years later, they can develop into Lung Cancer, Abestosis and other serious health problems. Asbestos removal is best left to professionals and many experts say that if the asbestos in your home is not damaged, it is safer to just leave it alone.
If you develop either Shortness of breath, hoarseness or wheezing. A persistent cough which gets worse over time or if you spit up blood, make sure to get an appointment with a doctor for your symptoms. Hopefully it is not asbestos related, but if you have worked around asbestos or live around asbestos, then make sure to inform your doctor.
During the 1950s, 60s and 70s, Manufacturers were proud to put the name Asbestos in their product advertisements. These days, asbestos might still be in products but it is not labeled as such. Chrysotile asbestos is the only form which is still in commercial use today. Be aware of your surroundings and keep your self protected from dangerous asbestos products and the toxic fibers they can give off.
How Can Asbestos Enter My Body?
Asbestos enters our bodies by inhaling airborne particles, or ingesting those that land in food or drink. Some of the asbestos fibers are inhaled and rain out in saliva and are swallowed. Others are inhaled and either work their way through our lung tissue and lodge in the lining that surrounds the lungs. Other particles are trapped in mucous that is naturally flushed out of our lungs and swallowed. Particles that are swallowed can penetrate our stomachs and lodge in the peritoneal lining around the stomach. Asbestos exposure can cause asbestosis, mesothelioma and more rarely or indirectly, lung cancer, especially in smokers.
Once these fibers lodge in body tissue, they tend to stay in place where they cause irritation, inflammation and scarring. Depending upon where they lodge, they can cause different diseases.
Asbestosis is a fibrotic disease of the lungs. Asbestos fibers trapped in the lung tissue cause inflammation that in turn grows scar tissue as the tissue heals. Scar tissue is more fibrous than the tissue it healed over, and is less elastic than lung tissue. Because it hasn’t got the same flexibility, it cannot expand and contract, and restricts the ability of the lungs to inhale as deeply as they should. Not only is asbestos a fibrotic disease is it a chronic restrictive lung disease.
Mesothelioma is another common disease associated with asbestos exposure. When the asbestos fibers work their way completely through the lungs, they can still lodge in the mesothelial lining that wraps around the lungs. Here they cause inflammation, plaques, and scar tissue that can, after many years, develop into a malignant tumor.
Asbestos fibers can enter the stomach either through directly ingesting them. If airborne particles land on food or in drinks, this would give them direct entry to the stomach. Other particles that are inhaled can adhere to the moisture in a person’s mouth or throat and simply be swallowed. Fibers that were inhaled into the lung might simply be flushed out as cilia in the lungs move mucous out in a normal cleansing process, or can be coughed up and swallowed.
Asbestos fibers that are swallowed can move through the stomach muscles into the abdominal wall that is lined with mesothelium, where it is called the peritoneum. As with the pleural mesothelium, fibers can cause inflammation and scarring, and eventually, tumors.
Far more rarely do asbestos fiber cause testicular mesothelioma or pericardial mesothelioma. In Testicular mesothelioma the peritoneal sac that lines the abdomen just above the testicles has developed cancerous cells. Pericardial mesothelioma involves the membrane that lines the cardiac cavity and the heart itself.
Friday, July 16, 2010
Mesothelioma Law Firm with Experienced Asbestos lawyers-Mesothelioma attorneys for your asbestos mesothelioma lawsuits
Mesothelioma is a deadly disease caused most of the time by asbestos, a natural mineral used in industries. This deadliest disease affects the lining of the various organs like lungs, heart, abdomen and other regions. Mesothelioma may take several years to develop in a person who has been exposed to asbestos.
If you or someone you love have been diagnosed with Mesothelioma or asbestos related cancer, you may be entitled to millions of dollars in damages set aside by companies.
Lung Injury and Disease Resulting From Asbestos Exposure
Asbestos dust exposure can result in the development of disease. This fact has been a strong impetus for research. One interesting study involving the disease development in the lungs of rats is called, “Hydroxyl radicals are formed in the rat lung after asbestos instillation in vivo.” By Schapira RM, Ghio AJ, Effros RM, Morrisey J, Dawson CA, Hacker AD – Division of Pulmonary and Critical Care Medicine, Medical College of Wisconsin, Milwaukee – Am J Respir Cell Mol Biol. 1994 May;10(5):573-9. Here is an excerpt: “The hydroxyl radical (.OH) has been implicated as a cause of lung injury following asbestos exposure. However, despite in vitro evidence associating asbestos with .OH production, there has been no demonstration of such generation in vivo.
We tested the hypothesis that .OH is formed in the lungs of rats exposed to asbestos in vivo by using salicylate as a free radical trap. Asbestos was instilled intratracheally, and control rats were sham-exposed. Six to seven days after exposure, the rats were given salicylate, the lungs were isolated, and salicylate hydroxylation products (2,3- and 2,5-dihydroxybenzoic acid), reflecting .OH production, were measured. There was significantly more 2,3-dihydroxybenzoic acid in asbestos-exposed lungs compared with control lungs (2.32
Compensation from the Asbestos Industry
If you have been exposed to asbestos and have developed an asbestos related disease, there is a good probability that it was due to exposure to asbestos on the job, from products you’ve used that contained asbestos and may have been deteriorating, or from an environmental exposure caused by manufacturing with asbestos near your community. With few exceptions, asbestos-caused diseases appear to have originated as a result of the negligence of a for-profit company who chose not to enforce safe work practices or take steps to protect its employees, their families or community members from contamination. Consequently, innocent people have lost their health, lives, quality of life, family members, income, and ability to live a normal, healthy life because of an asbestos-related disease.
Where there is evidence of contributing negligence from the asbestos industry, the offending company(ies) can be held liable for all or part of your losses, as well as the cost of your medical care. Substantial settlements are not unusual, as the cost of care and value of losses are substantial.
Medical bills can be substantial beginning with diagnostic procedures, and covering all costs of treatment, surgery, radiation or chemotherapy, home care, hospitalizations, medications and more. You might be eligible for some government financial support from one of several sources of assistance.
You and your family may be entitled to for the financial security lost as a result of your disease. You may have lost income due to your illness, and if you lost a job, you probably lost your health care coverage for you and your family, and possibly your retirement benefits. You may have gone through your savings, and most importantly, you have lost the quality of your life, and your family will lose a loved one, parent, companion, or friend.
You may be entitled to compensation for the loss of these benefits, and in the case of a death of a family member, the loss of that person from your life.
But there are steps you must take to qualify for compensation, starting with filing a claim within the time permitted by the statute of limitations. Statutes of limitations vary by state, but usually begin with the date of diagnosis. There are other factors that must be considered to know exactly how to apply the right statute of limitations in each case.
Thursday, July 15, 2010
Asbestos Law Interrelated Guideline
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