Summary
- The only cause of mesothelioma is asbestos exposure
- Mesothelioma is an aggressive cancer that has no cure
- Mesothelioma victims can pursue legal claims against asbestos manufacturers
Asbestos and Mesothelioma
Asbestos is a naturally occurring mineral. Its unique chemical structure is fire-resistant, even under extreme temperatures. As a result, asbestos was mined and incorporated into many products ranging from insulation to brake pads.
However, asbestos has a dark side. Asbestos dust contains sharp fibers that become embedded in the body’s tissues when inhaled. Over time, those fibers damage cells, causing mutations that can develop into cancer. These cancers affect the following areas:
- Lungs
- Testicles
- Mesothelium
Cancer is currently one of the leading causes of death in the United States. However, cancer of the mesothelium, also called mesothelioma, is very rare, and asbestos exposure is the only known cause.
The mesothelium is a membrane that lines the chest cavity and organs. Mesothelioma is aggressive and has no known cure. As a result, the cancer will either kill the patient or weaken them, making them susceptible to other causes of death.
When to Seek Mesothelioma Attorney Assistance
Most mesothelioma diagnoses will justify a discussion with a personal injury attorney. Since this cancer results from products manufactured and released to the public, mesothelioma claims are a form of product liability.
To win a product liability case, your lawyer must prove the product was defective and that it caused your disease. Proving your connection to asbestos is not difficult. It was used in many products that could have led to inhaling asbestos dust.
Your asbestos exposure may have happened in many ways. Since asbestos was incorporated into many industrial and construction materials, you may have been exposed at work. For example, if you worked around boilers, your asbestos exposure may have come from the insulation around steam pipes.
Asbestos exposure can also occur in your environment. Older buildings, including schools, had asbestos insulation. As the building deteriorated, the asbestos crumbled. Anything that disturbed the crumbled asbestos could create clouds of toxic dust. The risk to the public was so acute that the EPA prohibited asbestos products in 2019.
Most states impose strict liability on product manufacturers for injuries caused by defective products. This means victims do not need to prove the manufacturer intended to harm customers or even knew that the injuries could happen.
Instead, victims and their lawyers only need to prove the existence of one of the following types of defects:
- Design defects inherent in the product, rendering it unsafe for all uses
- Manufacturing defects introduced at the factory
- Warning defects in the instructions about using the product and avoiding misuse
Cases in many states have found that products containing asbestos had design defects because they did not protect users from dust. Courts have also found that manufacturers failed to warn consumers of the dangers of asbestos.
How to Find Mesothelioma Legal Help
You have probably seen TV commercials for mesothelioma law firms. However, you should not necessarily assume that the best lawyer for your case is the one with the biggest advertising budget.
Many personal injury lawyers handle cases involving toxic exposures. You should talk to family members and friends about the lawyers they have used in the past. Their recommendation is often helpful because they have direct experience with the lawyer.
After collecting a few names, you should schedule initial consultations. Personal injury attorneys typically offer a free consultation to review potential cases. You can discuss your case and interview the lawyer at this meeting. Make a list of questions to ask, such as the following:
- What are your legal fees?
- Do I have a strong case?
- What are the deadlines in my case?
- Do you have experience handling asbestos cases?
- What range of outcomes can I expect?
- How long will my case take?
If you decide to proceed with the case, you should choose a lawyer who fits your needs. In other words, you should not necessarily pick the lawyer with the fanciest offices. Instead, you should pick the lawyer with the experience, record of success, and client-handling skills for your case.
The Role of a Mesothelioma Lawyer
A product liability attorney will usually begin by gathering evidence. Your medical records will establish your diagnosis. The lawyer will also review your work history to identify the source of your exposure.
You will probably have two options after the lawyer has some documents to support your claim. First, you can file a personal injury lawsuit for asbestos-related cancer. The benefit of a personal injury lawsuit is that you can seek full compensation for your losses. The downsides are that the case may take a long time and the company that manufactured the product may be out of business.
Second, you may be able to file a claim with the settlement funds created by asbestos manufacturers. These funds were created by asbestos manufacturers to avoid or as part of bankruptcy due to the number of product liability cases filed against them. The advantage of these asbestos claims is that they may get settled faster than a lawsuit. The disadvantage is that the compensation is limited.
Regardless of the option you select, the lawyer’s job is to prove the elements of your claim by presenting evidence and legal arguments.
ConsumerShield Helps Victims Find Mesothelioma Attorney Assistance
Your losses from mesothelioma may be significant. In addition to the financial cost of cancer treatments and hospital stays, you could face a painful and mentally distressing health decline. ConsumerShield educates people about their legal rights and helps them find a lawyer. Contact us for a free case evaluation.
