Mesothelioma is a highly-publicized, debilitating illness associated with over-exposure to asbestos and asbestos-containing products. The condition, a form of cancer, primarily affects the lungs and can quickly spread to surrounding organ systems. Symptoms of mesothelioma are similar to those of other lung cancers and can range from chest pain to internal bleeding. Mesothelioma litigation has progressed in the United States beginning as early as 1929 and victims of this vicious disease are encouraged to meet with a knowledgeable and compassionate personal injury attorney to discuss their options moving forward. Many employers having exposed workers to the dangers of asbestos have set up trust funds in order to compensate victims and, in some cases, their family members for the physical and financial detriments endured as a result of their prolonged exposure to hazardous chemicals.
Am I a good candidate for a mesothelioma lawsuit?
In mesothelioma cases, as is true in any personal injury case, the judge will look for a causal link between your mesothelioma and the actions of your employer. In other words, did your work environment, as supervised by your employer, directly cause you to develop the disease. If the court determines that but for your employment and exposure to asbestos you would not have contracted the disease, the causation element is met and it is likely you will qualify for compensation.
In some cases, a victim’s family may even be eligible for financial recovery as courts have recognized a causal link between an employer’s use of asbestos and resulting lung cancer in a worker’s spouse or children. More specifically, medical evidence has revealed that asbestos can easily transfer from a person’s work clothing or uniform into the household, resulting in years-long exposure for children and spouses. As long as the court can identify the causal link, the employer may be liable to the family as well.
Every mesothelioma case is different. When you meet with your personal injury attorney, he will begin with questions about your employment history. Some of the industries most commonly associated with mesothelioma include:
- U.S. Navy personnel;
- Drywallers or construction personnel;
- Those working with or around insulation;
- Plumbers and pipefitters;
- Shipyard workers;
What can I expect from my mesothelioma lawsuit?
The pivotal issue, as discussed briefly above, in your asbestos lawsuit will involve whether your employer knew of the dangers of working with asbestos but nonetheless continued to expose you to the chemical. Depending upon the employer for whom you worked, you may be able to recover as part of a class action. Alternatively, your personal injury attorney could file an individual lawsuit on your behalf for money damages. Regardless, if you are successful, you can expect payment from your employer to cover the costs of your medical expenses and lost wages, in addition to possible damages for emotional turmoil or pain and suffering.
Contact Nelson Barry Today
If you are suffering from mesothelioma and believe it is caused by exposure to asbestos, the attorneys of Nelson C. Barry can help you better understand your legal rights and options. To make an appointment, contact us today at (415) 587-0550.