Mesothelioma Lawyers

Posts Tagged ‘lawyers’

Mesothelioma is a cancer that affects the lining of the chest cavity, heart, or stomach. This particular cancer is most often acquired through exposure to asbestos which is commonly the result of hazardous working conditions. Because mesothelioma is the outcome of working with asbestos, often unknowingly, there is compensation that can be paid out in the form of wrongful death law suits or while the patient is still living.  There is often a statute of limitations on filing a law suit so it is important to begin the process as soon as possible in order to get the compensation deserved. The first and probably most important step in filing a mesothelioma law suit is finding an appropriate lawyer. Begin by making sure that you know the facts of the disease inside and out so you will be able to tell if the lawyer is knowledgeable about the disease as well. There is a better chance of winning a case if the lawyer is well read on the medical and emotional issues involved with mesothelioma. Do a thorough search of potential lawyers in your area and make sure you know the reputation and case history of the one you choose. Also, make sure that you know all aspects of the deal the lawyer is working with you. In most medical related lawsuits, the lawyer only makes money if he/she wins the case. Some lawyers will try to take advantage of an unknowing client. There are many groups and websites designated to mesothelioma resources that can help to point patients or loved ones in the right direction when deciding to file a lawsuit and choose a lawyer.

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Many sufferers of mesothelioma haven’t decided whether or not to file a lawsuit. Deciding to file a lawsuit is a difficult decision in almost any case, and even more so if someone is coping with malignant mesothelioma. Delving into a lawsuit can take a lot of time and energy and it is important for people to be able to determine if they have a valid case that is worth persuing. Determining a valid case for mesothelioma is not difficult, but it is advised to use the expertise of an experienced mesothelioma lawyer. First though, it is important for sufferers of mesothelioma to make sure they can account for some of the key factors that make a case worth persuing. A diagnosis to mesothelioma is obviously the first factor in filing a lawsuit. Since mesothelioma is directly related to having been exposed to asbestos, it is a great starting point. Another thing that is important in making a case is work history. Someone filing a mesothelioma lawsuit should be able to prove that he or she worked in an environment where there was repeated exposure to asbestos. This can sometimes be difficult since symptoms of mesothelioma can go undetected for up to 50 years after exposure. Another component of a successful lawsuit is a compilation of all mesothelioma-related medical expenses that have been accrued over the years. This will help to ensure that if the case is successful, all medical expenses will be paid back in full. Largely, winning a case against asbestos depends on the experience of the attorney presenting the information. Choosing the right attorney can help to ease the burden on mesothelioma sufferers and their families and increase the chances of being awarded the settlement deserved for years of hard work in a hazardous environment.

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San Francisco, CA—An appellate court in California has upheld a verdict of $20 million which was previously awarded to a mesothelioma patient and her husband.

Joan Mahoney, who was a singer by trade but who also helped her husband with a family-based home-remodeling business, contracted mesothelioma after years of exposure to asbestos-containing joint compound. Mahoney and her husband built and remodeled houses for nearly 30 years.

After being diagnosed with the asbestos cancer in 2006—a diagnosis which left her unable to care for her paralyzed husband—Mrs. Mahoney brought suit against Georgia Pacific, Bondex, Kaiser Gypsum, Durabond and CertainTeed. The court ruled in favor of Mahoney, and named Georgia Pacific responsible for 30% of the damages, but the trial court later reduced the amount of damages to approximately $6.2 million.

The joint compound used by the Mahoneys contained toxic asbestos, which Mrs. Mahoney inhaled over the years of remodeling work. The asbestos fibers, which are sharp and needle-like, have the ability to penetrate into the lungs and the mesothelium—a membrane which surrounds and protects the lungs—causing scarring and abnormal cell division. Mesothelioma, the resultant cancer, is particularly resistant to treatment and is currently considered incurable. Some of the symptoms of mesothelioma include chest or rib pain, wheezing, breathing difficulties, and cough. Chemotherapy and radiation can be administered to help slow the spread of the disease and make the patient more comfortable, but also have such adverse side effects that many patients opt not to undergo these treatments.

Over 2,000 people are diagnosed with mesothelioma each year in the United States, and there are a number of lawsuits pending against the companies and manufacturers which allowed asbestos to be used on work sites without informing their employees or consumers of the dangers of the material.

The appeals court in the Mahoney case recently ruled that the plaintiff shall receive the full $20 million in damages which was initially awarded, and says that the fully verdict is “amply supported” by testimony and evidence presented against the defendant companies at trial.

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