Mesothelioma is a type of cancer that develops from the thin layer of tissue that covers many of the internal organs also known as mesothelium. The most common area affected is the lining of the lungs and chest wall. In rare instances, the lining of the abdomen and rarely the sac surrounding the heart, or the sac surrounding the testis may be affected. Signs and symptoms of mesothelioma, which usually come very slowly, may include shortness of breath due to fluid around the lungs, a swollen abdomen, chest wall pain, cough, feeling tired, and weight loss.
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Mesothelioma is a very serious matter and is more common than you think. More than 80% of mesothelioma cases are caused by exposure to asbestos, which is very common. Accordingly, it is important to learn about mesothelioma and what you should do if you have been exposed to asbestos. In this article, we shall address the following:
- Who needs a Mesothelioma Lawyer?
- How a Mesothelioma Lawyer Can Help You
- How much does it cost to hire a mesothelioma lawyer?
- Filing a Mesothelioma Lawsuit
- Bonus: Examples of Successful Mesothelioma Lawsuits
Who needs a Mesothelioma Lawyer?
A mesothelioma attorney specializes in asbestos law and asbestos lawsuits. A mesothelioma attorney should not only be knowledgeable and experienced in personal injury law, but specifically be very familiar with how to recover asbestos compensation for the victim.
Such asbestos compensation may include:
- Diagnostic tests such as X-rays, CT scans, MRIs and biopsies
- Doctor visits and hospital stays
- Chemotherapy and radiation treatment
- Costs of in-home caregivers, assisted-living or nursing home support
- Travel expenses to treatment facilities
- Child care expenses
- Lost wages
- Costs to families
- Payments for physical and mental pain and suffering
Moreover, a mesothelioma attorney will be familiar enough with mesothelioma and how to go about proceeding with an asbestos lawsuit.
How a Mesothelioma Lawyer Can Help You
Since mesothelioma cancer can be very damaging to its victim and since proving liability may not be so easy, you’ll want an experienced mesothelioma attorney in your corner. The connection for mesothelioma cancer is asbestos. Accordingly, an experienced NYC mesothelioma lawyer will work with you one-on-one to determine how and why you developed your mesothelioma. For instance, companies that manufactured and sold asbestos products understood the health hazards for decades but failed to warn its workers or consumers. As such, as your mesothelioma attorney investigates your claim, they will review your work history or service history to identify where and when you were exposed to asbestos. The mesothelioma attorney will then work to identify which company(s) was responsible for manufacturing the product(s) that caused your cancer.
When it comes to asbestos lawyers, you’ll want a mesothelioma attorney who is familiar with asbestos compensation and who can reach a favorable mesothelioma settlement.
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Mesothelioma treatments can cost patients and their families hundreds of thousands of dollars or more. So it is important that you put your trust in an experienced asbestos attorney who will be extremely thorough in identifying all your options for compensation.
Depending on what the attorney uncovers, you may be entitled to compensation through:
Asbestos Bankruptcy Funds.
Because some asbestos companies have gone out of business or filed for bankruptcy, special trust funds were set up to compensate victims and their families. Filing for compensation from an asbestos bankruptcy fund is different from filing a mesothelioma lawsuit, but your mesothelioma attorney will still need to prove that the trust is liable to you.
Mesothelioma Lawsuits and Settlements.
In cases where the responsible company is still in business, your mesothelioma attorney will file a mesothelioma lawsuit to demand the compensation you deserve. Although many companies will be willing to negotiate a settlement, it is important that your attorney is an experienced asbestos litigator who is prepared to take your case to trial if necessary. In addition to compensation from the party(s) responsible for your asbestos exposure, you may also be eligible for benefits that could help you cover treatment costs and other expenses. Your mesothelioma attorney can determine whether you are eligible.
Mesothelioma patients who were exposed to asbestos materials during their time in the service may be eligible for VA benefits. When it comes to asbestos lawyers, a law firm that is focused on mesothelioma cases should be able to handle your VA claim.
Social Security Disability Benefits.
Mesothelioma patients who are diagnosed before retirement age may be eligible for Social Security Disability Insurance (SSDI) benefits. In order to secure these benefits your mesothelioma attorney or mesothelioma asbestos attorney will need to provide thorough documentation of your asbestos cancer.
Workers’ Compensation Benefits.
Mesothelioma is recognized as an occupational illness. So if you are forced to leave work due to your illness, you may also be able to pursue workers’ compensation benefits.
When it comes to asbestos lawyers, your mesothelioma attorney or mesothelioma trial attorney will also be familiar with common expenses for mesothelioma patients. This includes:
- Treatment costs
- Funeral expenses
- Lost wages
- Caregiver costs
- Travel expenses
- Therapy and grief support
Your mesothelioma attorney should also advise you to keep organized documentation of all of these expenses you incur, including receipts. When it comes to asbestos compensation, these expenses will go toward the pain and suffering you’ve endured as a result of your mesothelioma cancer.
Your mesothelioma attorney will also advise you of the statute of limitations and how much time you have to file your asbestos lawsuit before your time expires. Since mesothelioma can take 15 to 60 years to develop, this time frame begins with diagnosis, not with when you were exposed to asbestos. In New York, the statute of limitations for mesothelioma is three years for a personal injury asbestos lawsuit and two years for a wrongful death asbestos lawsuit.
How Much Does it Cost to Hire a Mesothelioma Lawyer?
A mesothelioma attorney will only work for you on a contingency basis, which means that they will only take a fee if they win or settle your case. Furthermore, the mesothelioma attorney or mesothelioma trial attorney will front the costs of expenses, and will only get reimbursed out of the settlement or award. Accordingly, when it comes to asbestos lawyers, you’ll want a mesothelioma attorney or mesothelioma asbestos attorney who will provide you with a free consultation and one who can analyze your case and unique facts.
Free Mesothelioma Attorney Consultation in NYC
When it comes to asbestos lawyers or mesothelioma attorney information, you’ll want a nyc mesothelioma attorney or a mesothelioma asbestos attorney who is experienced and who has:
- Proven results in handling mesothelioma and other asbestos disease cases
- In-depth knowledge about the many asbestos companies and the various job sites where their asbestos materials were used
- Comprehensive understanding of the medical issues associated with mesothelioma and the connections to help you find the best treatment
- Extensive network of respected medical professionals and other expert witnesses who can testify in your claim
- Commitment to helping you pursue every possible source of compensation, including government benefits such as veterans’ benefits and Social Security Disability benefits
- Compassionate bedside manner and a genuine concern for you and your family’s well-being
- Emphasis on regular communication so you and your family never have to wonder what is happening with your case
Furthermore, when it comes to asbestos lawyers and mesothelioma attorney information your mesothelioma attorney or mesothelioma trial attorney should be familiar with recovering Asbestos compensation, and the different methods and avenues, as noted above, on how a victim can be compensated.
Filing a Mesothelioma Lawsuit
When it comes to asbestos mesothelioma lawyers, you are going to want to have a mesothelioma attorney well-versed in litigation, and knowledgeable enough to know how to handle the different insurance companies when it comes to mesothelioma lawsuits and mesothelioma settlement.
Although most mesothelioma lawsuits are resolved outside of court, that does not necessarily mean that yours automatically will. Accordingly, you’ll need the right attorney mesothelioma, who not only is familiar with the mesothelioma definition, but also is familiar with the tasks and mechanics involved in filing a mesothelioma personal injury lawsuits. This includes drafting the complaint, amending the complaint if need be, drafting interrogatories, responding to interrogatories, conducting depositions, responding to motion to dismiss, and eventually taking the case to trial if need be.
When it comes to asbestos mesothelioma lawyers, the right attorney mesothelioma will know how to best present your case, from proving liability to proving damages, even if your liability and damages are lacking or are weak.
Bonus: Examples of Successful Mesothelioma Lawsuits
Although each case is different and there is no guarantee that a mesothelioma injury will be given the same award or settlement, mesothelioma in New York is a very serious injury that has sustained serious awards.
In Ralph P. North v. National Grid Generation LLC. et al., for example, a jury at the Supreme Court of the State of New York found for the plaintiff, North, and awarded him $7 million, of $3.5 million each respectively for past and future pain and suffering. North, who now suffers from mesothelioma, testified in his asbestos lawsuit that he was exposed to asbestos dust that was plainly visible on the job site of the future power station during the time he was working there from 1966 through 1972. Often a preferred substance for insulation, asbestos was sprayed onto boilers and pipes. Specifically, the plaintiff claimed he had no knowledge of the danger asbestos posed. He also claimed that no warnings were ever posted, and no protective gear was ever provided by the defendant, despite the fact that there was a New York State ordinance that required a general contractor to provide a reasonably safe workplace for its employees.
In another case, Plaintiff Marlena Robaey claimed she developed peritoneal mesothelioma in 2012 and pleural mesothelioma in 2016 as a result of secondary exposure to asbestos through her husband. Her husband, Ed Robaey, used asbestos products in his job working on boilers and engines. The defendants were ordered to pay $75 million to the Robaeys.
The insurance company and defense attorneys will do everything they can to try to attack your claim and decrease the amount of money you’re entitled to. You’ll want to have the best mesothelioma attorney at your disposal to increase your odds. Having a mesothelioma lawyer who is familiar with mesothelioma litigation not only will increase your chances of a better settlement, but will make the lawsuit process much easier on you and your mind. Knowing that you have the right attorney lawyer mesothelioma by your side will help you ease your mind knowing that they are fighting for you and have your best interests.
At Law Office of Yuriy Moshes, we represent all victims in the greater New York City area including all its boroughs, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island) as well as Northern New Jersey, Long Island, and Upstate New York. If you have sustained a mesothelioma injury and are seeking money damages, you need to consult with a mesothelioma attorney who is an experienced and knowledgeable. We always provide a free consultation.