Navigating legal options when diagnosed with mesothelioma
If you or a loved one has been diagnosed with mesothelioma, you may be feeling overwhelmed and unsure of what to do next. Mesothelioma is a rare form of cancer that is almost always caused by exposure to asbestos, a mineral that was once widely used in construction, shipbuilding, and other industries. The prognosis for mesothelioma is often poor, and treatment can be expensive and debilitating. But there are legal options available to mesothelioma patients and their families. In this article, we'll explore those options and advise you on how to navigate the legal system to get the compensation you deserve.
What is Mesothelioma?
Mesothelioma is a form of cancer that affects the mesothelium, the thin layer of tissue that covers the lungs, chest, abdomen, and other organs. The most common type of mesothelioma is pleural mesothelioma, which affects the lining of the lungs. Other types include peritoneal mesothelioma, which affects the lining of the abdomen, and pericardial mesothelioma, which affects the lining of the heart. Mesothelioma is almost always caused by exposure to asbestos, a mineral that was widely used in construction, shipbuilding, and other industries throughout much of the 20th century.
Legal Options for Mesothelioma Patients
If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation from the companies that exposed you to asbestos. The legal system provides several options for mesothelioma patients and their families to seek justice and compensation.
1. Personal Injury Lawsuits
Personal injury lawsuits are the most common way for mesothelioma patients to seek compensation. In a personal injury lawsuit, the mesothelioma patient (or their family, if the patient has passed away) sues the companies responsible for their exposure to asbestos. The lawsuit alleges that the company knew about the dangers of asbestos but failed to warn the patient or take adequate precautions to protect them from exposure.
If successful, the plaintiff can receive compensation for medical expenses, lost wages, and pain and suffering. In some cases, they may also receive punitive damages, which are meant to punish the defendant for their negligence.
2. Wrongful Death Lawsuits
If a mesothelioma patient has passed away, their family may file a wrongful death lawsuit against the companies responsible for the patient's exposure to asbestos. A wrongful death lawsuit alleges that the company's negligence caused the patient's death and seeks compensation for medical expenses, lost wages, and pain and suffering. In some cases, the family may also receive compensation for funeral expenses and loss of companionship.
3. Asbestos Bankruptcy Trusts
Many companies that used asbestos in their products or operations have filed for bankruptcy in the face of mounting lawsuits. As part of the bankruptcy process, these companies have established asbestos trusts, which are specifically designed to compensate victims of asbestos exposure. If you or a loved one has been diagnosed with mesothelioma, it's important to research whether any of the companies responsible for your exposure have established asbestos trusts.
4. Veterans Benefits
Veterans who were exposed to asbestos during their military service may be entitled to compensation from the Department of Veterans Affairs (VA). The VA provides disability compensation for veterans who have been diagnosed with mesothelioma as a result of their service. Veterans may also be eligible for other benefits, such as health care, pension, and education assistance.
Navigating the Legal System
Navigating the legal system can be daunting, especially when you're dealing with a serious illness like mesothelioma. Here are some tips for navigating the legal system to get the compensation you deserve:
1. Find an Experienced Mesothelioma Attorney
Finding an attorney who specializes in mesothelioma cases is essential to navigating the legal system. Mesothelioma cases can be complex, and you need an attorney with extensive knowledge of the disease and the asbestos industry. Look for an attorney who has a proven track record of success in mesothelioma cases and who is sensitive to your unique needs as a mesothelioma patient or family member.
2. Understand Your Legal Options
Before pursuing any legal action, it's important to understand your legal options and the potential outcomes of your case. A mesothelioma attorney can help you understand your legal rights and the best course of action for your situation.
3. Keep Detailed Records
It's important to keep detailed records of your medical expenses, lost wages, and other damages related to your mesothelioma diagnosis. These records will be essential in building your case and securing the compensation you deserve.
4. Be Patient
Mesothelioma cases can take years to resolve, and the legal process can be frustrating and time-consuming. It's important to be patient and to trust your attorney's guidance throughout the process.
Final Thoughts
Navigating the legal system can be overwhelming, but it's essential for mesothelioma patients and their families to seek the compensation they deserve. If you or a loved one has been diagnosed with mesothelioma, it's important to explore your legal options and find an experienced mesothelioma attorney who can guide you through the process. With patience, persistence, and the right legal representation, you can secure the compensation you need to manage the financial burden of mesothelioma and focus on your health and well-being.