Mesothelioma Lawsuits - Understanding The Legal Issues

By Author: Carol Perez
Total Articles: 5
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As the number of Mesothelioma cases become known, more and more sufferers are filing Mesothelioma lawsuits to redress their grievances. Mesothelioma is a type of malignant cancer which affects the protective covering of the organs of human body – mostly the lungs, heart and the abdomen. It is an aggressive type of cancer. It has been medically proven that Mesothelioma is caused by particles of asbestos fibers which launch in certain parts of the body.

Mesothelioma and the law

Asbestos was long regarded as an indispensible material in many industries like shipbuilding, chemical, construction, oil refineries etc. It is one of the best insulators used in the industry. However, gradually the ill effects of asbestos came to be known. Since 1970s, the use of asbestos has been highly regulated by law in the United States. It was realized that people who had prolonged exposure to asbestos had the asbestos fibers launched within their bodies. Over the years, they accumulate and can lead to malignant type of Mesothelioma.

When it was realized that many companies were aware of the possible harmful effects of prolonged ...
... exposure to asbestos and failed to inform the employees of the risks, Mesothelioma lawsuits were seen as a possible alternative to make them pay for their role. You should know that if you or your loved ones are suffering from Mesothelioma, you can seek legal remedies by filing a civil suit because this type of litigation is included under personal injury law. Therefore, the burden of proof is less than in a criminal procedure.

Several technicalities are involved in filing Mesothelioma lawsuits. The cases are further complicated by the fact that a person may have been exposed to asbestos while working for different companies and it becomes difficult to sort out which one has greater liability. Another factor is that there is a statute of limitation and you need to prove that you have not crossed it.

Some facts to know before filing Mesothelioma lawsuits

Once you or your loved one is diagnosed with Mesothelioma, you should do the following:

• Seek expert second opinions from oncologists and pathologists and conduct a plethora of medical tests to determine the type and nature of your illness.

• In order to file Mesothelioma lawsuits, the importance of proper medical documentation cannot be overstressed. Biopsies, X Rays, CAT scans etc should be included.

• You also need to clarify whether the disease is indeed Mesothelioma or some other form of asbestos induced cancer. Historically, more damages have been awarded for Mesothelioma.

• In order to pursue proper legal remedies, it is vital that you engage a lawyer who has specialized in Mesothelioma lawsuits. He should be thoroughly familiar with the personal injury laws of the state and should have handled several Mesothelioma lawsuits. Only a competent lawyer will be able to guide you through such a difficult time and will help you to deal with the lawyers of the companies that you are suing, all of whom will try to destroy your credibility.

• Be sure to supply your lawyer with all the relevant documentation including your medical records, employment history, contact information of your coworkers, even your will. All these are absolutely necessary for filing and pursuing Mesothelioma lawsuits successfully.

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