Mesothelioma Claims in Boston: What You Need to Know

Mesothelioma is a type of cancer that occurs in the thin layer of tissue that covers your internal organs. It is very aggressive and fatal, often within a short time period after diagnosis. Mesothelioma can develop in a person’s lungs, abdomen, heart, or testes. While there are treatments available to extend life expectancy, there is no cure for this form of cancer.

Mesothelioma is most often caused by prolonged exposure to asbestos, which is a naturally occurring mineral often used in concrete, brick, pipes, insulation, brakes, shingles, and flooring because of its fireproof properties. When something containing asbestos is broken up, it creates dust that is often inhaled or swallowed. It’s not entirely understood how mesothelioma forms, but the dust settles in the lungs or stomach and can lead to this deadly form of cancer.

Not everyone who is exposed to asbestos develops mesothelioma, so it’s believed that there must be other factors that contribute to its development, including a genetic predisposition or the experience of undergoing radiation treatments in the past, for example.

If you were diagnosed with mesothelioma, you may be eligible for financial compensation, depending on the circumstances. There are two primary ways to obtain this monetary help: a personal injury lawsuit or through an asbestos trust fund.

Personal Injury Lawsuit

Filing a personal injury lawsuit to try to recover monetary compensation can be a very difficult process for several reasons. It can be challenging to show how and when a person was exposed to asbestos and prove that it caused them to develop mesothelioma, particularly because a diagnosis typically comes many years after exposure, in some cases 30 to 40 years later. The basis behind a personal injury lawsuit is that many employers and companies exposed workers to asbestos, knowing the deadly risks, and didn’t warn them.

To be successful in a personal injury lawsuit, you will have to prove that you were exposed to asbestos, when and where you were exposed, and under what conditions you were exposed.

If you know where you were exposed and when and it can be easily linked, the next step is to determine if someone else is liable — a manufacturing company, typically.

If you believe your employer was at fault, you may need to file a workers’ compensation claim instead of a personal injury lawsuit. These types of claims are usually quicker and simpler than filing a lawsuit, but typically don’t provide you with as much compensation. You should always speak to an experienced mesothelioma lawyer to determine what your options are so you can get the most financial support possible.

Asbestos Trust

An asbestos trust is another common way to try to recover monetary compensation due to asbestos exposure and a mesothelioma diagnosis. When it started to become common knowledge that asbestos exposure causes mesothelioma and the manufacturers knew this information but failed to adequately warn the public, many of the manufacturing companies began filing for bankruptcy due to the lawsuits pouring in. In many cases, before they were allowed to successfully file for bankruptcy, the courts required manufacturing companies to create asbestos trust funds so that individuals could still seek compensation. The courts didn’t think it was fair for these companies to be able to completely avoid liability by filing for bankruptcy.

Most individuals who developed mesothelioma as a result of asbestos exposure at work, through household cleaning products, secondhand from other members of the household, and those who lost loved ones due to mesothelioma are eligible to file for compensation from an asbestos trust fund. The compensation received from a trust fund varies significantly, with some individuals receiving thousands, and others receiving millions.

If you’ve been diagnosed with mesothelioma, there are steps you can take that will give you the best chance of receiving the compensation you deserve, including the following:

• Make sure you are eligible. Before you will see any financial compensation, you need to make sure you’re eligible to file a claim with an asbestos trust fund. You must know when exposure took place, where it took place, have proof of a diagnosis, obtain evidence about the particular asbestos product you were exposed to, and file your claim within the specified timeframe.
• Collect evidence. For any type of mesothelioma claim, you will need evidence of your diagnosis. This will come from medical records, and often includes doctor’s notes as well as pathology reports and imaging scans. You should also collect as much evidence as possible that your exposure occurred at a certain place. This can include witness statements and employment records, among other things.
• Statement from a physician. You will often need a statement from a physician confirming your mesothelioma or asbestos-related diagnosis.

Once you have gathered all necessary evidence, your lawyer will submit your claim. After your claim has been submitted, you will wait for your claim to be reviewed.  

An experienced lawyer can help you with all these steps, but it’s still a good idea to become familiar with the process and what you will need to provide to obtain the compensation you deserve.

There are different deadlines if you wish to file a personal injury lawsuit or a workers’ compensation claim. In Boston, personal injury lawsuits must be filed within 3 years of the injury. This typically means that your claim must be filed within 3 years of the date of your mesothelioma diagnosis. Because there is such a long latency period for mesothelioma and it can take time to receive a diagnosis, it is sometimes difficult to determine the deadline. As soon as you believe you may have mesothelioma or you’re diagnosed, speak with a lawyer right away so you don’t miss the deadline and lose out on compensation that is owed to you.

Keep in mind that if you live in Boston but worked in another state where you were exposed to mesothelioma, you need to know what the deadlines are for that state. Always seek help from a professional as soon as you can.

The most common symptoms of mesothelioma include a dry cough, shortness of breath, respiratory issues, chest or abdominal pain, fever, night sweats, chills, fluid around the lungs, fatigue, and muscle weakness. If you experience any of these symptoms, you should always seek help from a medical professional.

Mesothelioma lawyers typically work on a contingency fee basis. This means that their payment is contingent upon the success of your case; they only get paid if your case is settled or you win at trial and are awarded monetary compensation. Typically, the attorney will take between 30 and 40 percent of the compensation you’re awarded. While this might sound like a lot, it’s important to remember that you don’t have to undertake any financial risk up front. Your lawyer could end up spending hundreds of hours on your case, but if they aren’t able to obtain compensation for you, they don’t get paid at all.

Yes, though the statute of limitations will vary depending on which trust you are filing a claim with. You should speak with your lawyer to determine the right trust fund to pursue and what the statute of limitations is. This is why it’s important to speak with a lawyer immediately after receiving a mesothelioma diagnosis.

If you or a loved one was diagnosed with mesothelioma, you might have found yourself facing financial stress that most people will never experience, with hundreds of thousands of dollars in medical bills, loss of income, and extensive legal bills. Fortunately, there are options to help. The attorneys at Morgan & Morgan are here to discuss the next steps with you and will do whatever it takes to ensure that you receive the compensation that you are entitled to. As the largest personal injury firm in America, we have the resources necessary to fight tooth and nail to obtain the compensation you deserve. Contact Morgan & Morgan today to schedule a free and confidential consultation.