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What Do I Do if I Have Been Diagnosed With Mesothelioma Due to Asbestos Exposure?
If you or a loved one has been diagnosed with mesothelioma, you are not alone in this fight. Mesothelioma is a devastating cancer caused by exposure to asbestos, often in the workplace, and seeking justice and compensation is crucial. At Morgan & Morgan, our dedicated team of mesothelioma lawyers is here to stand by your side, providing compassionate support and fierce advocacy.
Our attorneys have witnessed the devastating effects mesothelioma can have on a patient and their loved ones. Almost always fatal, mesothelioma could have been entirely preventable. Asbestos companies knew for decades that their products could cause disease, but they concealed the dangers, putting millions at risk of developing mesothelioma and other diseases.
Many people exposed to asbestos decades ago are only now being diagnosed with mesothelioma and wondering where to turn for help. With over 35 years of experience, our attorneys have recovered millions of dollars for hundreds of mesothelioma victims across the United States.
Learn more about how we help mesothelioma patients during a free, no-obligation case review. We can also help with a variety of other practices that may be related to your asbestos case. Learn more about the nature of personal injury lawsuits here.
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How Do I Know If I Have a Mesothelioma Claim?
The only known cause of Mesothelioma is asbestos exposure, so those affected should be entitled to compensation. Understanding your legal rights is crucial in determining whether you have a valid claim. To pursue compensation, you must establish key legal elements that prove liability. Here’s what you need to demonstrate:
1. Exposure to Asbestos
To have a mesothelioma claim, you must prove that you were exposed to asbestos. This exposure often occurs in workplaces such as construction sites, shipyards, industrial plants, or through asbestos-containing products. Identifying when and where the exposure took place is essential for your case.
2. Negligence or Liability
You must show that a company, employer, or product manufacturer was responsible for your asbestos exposure. Liability may arise from:
- Failing to warn about the dangers of asbestos
- Providing unsafe working conditions
- Manufacturing or selling asbestos-containing products
- Violating workplace safety regulations
3. Causation
It is not enough to prove asbestos exposure—you must also show that this exposure directly led to your mesothelioma diagnosis. Medical records, expert testimony, and work history documentation can help establish this link.
4. Damages
A successful mesothelioma claim must demonstrate that you have suffered damages due to the illness. These may include:
- Medical expenses (diagnostic tests, treatments, surgeries, medications)
- Lost wages and reduced earning capacity
- Pain and suffering
- Funeral costs (for wrongful death claims filed by family members)
Given the complexity of mesothelioma cases, consulting with an experienced mesothelioma attorney is the best way to determine if you have a claim. Contact Morgan & Morgan today for a free case evaluation.
What are high-risk occupations and environments for asbestos exposure?
Mesothelioma often develops decades after exposure to asbestos. High-risk occupations include:
- Construction workers handling insulation, roofing, and flooring materials containing asbestos.
- Shipbuilders exposed to asbestos in ship insulation and piping.
- Automotive mechanics working with asbestos-containing brake pads and gaskets.
- Military personnel, particularly Navy veterans, who served on ships where asbestos was heavily used.
- Industrial workers in factories and power plants where asbestos was a common insulating material.
What should I expect during a mesothelioma claim?
If you or a loved one has been diagnosed with mesothelioma due to asbestos exposure, you may be entitled to compensation. The legal process typically includes:
- Case Evaluation: A mesothelioma attorney reviews your medical records and work history.
- Filing a Claim: A lawsuit is filed against responsible companies and/or asbestos trust funds.
- Discovery Process: Both parties gather evidence, including medical records and employment history.
- Settlement Negotiations: Many cases settle before trial, providing quicker compensation.
- Trial (if necessary): If a fair settlement is not reached, the case proceeds to court.
What are asbestos trust funds?
Many companies responsible for asbestos exposure have filed for bankruptcy and established asbestos trust funds to compensate victims. Filing a claim against these funds is different from a traditional lawsuit:
- No need to prove negligence—only that asbestos exposure occurred.
- Potentially faster compensation compared to a lawsuit.
- Compensation amounts vary depending on the trust and the severity of the illness.
How is mesothelioma diagnosed?
Mesothelioma is a rare and aggressive cancer caused by asbestos exposure. Diagnosing mesothelioma can be complex and typically involves a combination of medical tests, including:
- Imaging Scans: Doctors may use X-rays, CT scans, or MRIs to detect abnormalities in the lungs, abdomen, or heart.
- Biopsies: A tissue sample is extracted and analyzed to confirm the presence of mesothelioma.
- Blood Tests: Although not definitive, certain biomarkers in the blood may indicate mesothelioma.
Early detection is crucial in improving treatment outcomes, as mesothelioma often progresses rapidly once symptoms appear.
What are the types of mesothelioma?
Mesothelioma is classified based on where the cancer develops in the body:
- Pleural Mesothelioma (Lungs): The most common type, affecting the lining of the lungs. Symptoms include chest pain, shortness of breath, and persistent coughing.
- Peritoneal Mesothelioma (Abdomen): Affects the abdominal lining, causing symptoms like abdominal pain, bloating, and digestive issues.
- Pericardial Mesothelioma (Heart): A rare form that impacts the lining around the heart, leading to chest pain, irregular heartbeat, and breathing difficulties.
- Testicular Mesothelioma: The rarest type, affecting the testicular lining, with symptoms such as swelling and lumps in the scrotum.
Can family members file a mesothelioma lawsuit if the patient has passed away?
Yes, family members can file a mesothelioma lawsuit if the patient has passed away. In such cases, the family can file a wrongful death lawsuit on behalf of the deceased. This lawsuit is typically pursued by a surviving spouse, children, or other close family members. The purpose is to seek compensation for the losses the family has suffered due to the loved one's death, including medical bills, lost income, pain and suffering, and funeral expenses.
The family may also be able to file a survival action, which seeks damages for the deceased person's pain and suffering prior to death.
Each state has its own laws and statutes of limitations for filing these types of lawsuits, so it's important to consult with a mesothelioma attorney to understand the specific rights and processes involved.
How long does it take to receive compensation in a mesothelioma lawsuit?
It varies because every case is unique and involves multiple complicated factors. For this reason, some cases settle in a few months, while others that go to trial may take longer.
For a clearer picture of what your case may involve and the time it may take to resolve, contact Morgan & Morgan for a free case evaluation.
What types of damages can I recover in a mesothelioma claim?
In a mesothelioma claim, you may be able to recover various types of damages, depending on the circumstances of your case. The primary types of damages you can pursue include:
Compensatory Damages
Below are the most common types of damages in a mesothelioma case, and they are intended to compensate for the actual losses the victim or their family has experienced.
- Medical Expenses: Compensation for past, current, and future medical treatment related to mesothelioma, such as hospital stays, surgeries, chemotherapy, and other necessary treatments.
- Lost Wages: If the patient is unable to work due to their illness, you may be able to recover compensation for the lost income, both past and future.
- Pain and Suffering: Compensation for the physical and emotional distress the victim has endured as a result of the illness.
- Loss of Consortium: If a spouse is involved, they may seek compensation for the loss of companionship, affection, and support caused by the illness.
Punitive Damages
These damages are awarded in cases where the defendant's actions were particularly egregious or reckless. Punitive damages are intended to punish the defendant and deter others from engaging in similar behavior. In mesothelioma cases, they are usually sought when the responsible party’s actions (such as knowingly exposing workers to asbestos) were particularly malicious.
Wrongful Death Damages
If the mesothelioma patient has passed away, the surviving family members may file a wrongful death claim. This can include:
- Funeral and Burial Expenses: Compensation for the cost of funeral and burial services.
- Loss of Financial Support: If the deceased provided financial support for the family, you may recover damages for the loss of that support.
- Emotional Distress: Compensation for the emotional and psychological impact of losing a loved one.
Loss of Household Services
If the deceased was the primary caretaker or did significant household work, the family may be entitled to compensation for the loss of those services.
The specific damages available in your case will depend on the jurisdiction, the circumstances of exposure to asbestos, and the severity of the illness. Consulting with a mesothelioma attorney can help you understand what types of damages you may be eligible for in your specific case.
Can I still file a lawsuit if I am not sure where the asbestos exposure occurred?
Yes, attorneys can help identify exposure sources through employment history, military records, and product usage.
For a clearer picture of your legal options, contact Morgan & Morgan for a free case evaluation.
Are mesothelioma cases handled differently than other personal injury claims?
Mesothelioma cases often involve unique legal considerations, such as asbestos trust funds established for compensation and varying filing deadlines depending on state laws.
At Morgan & Morgan, we fight for mesothelioma victims and their families. Our experienced attorneys can help you navigate the legal process and pursue the compensation you deserve. Contact us today for a free case evaluation.
Why should I hire Morgan & Morgan?
At Morgan & Morgan, our team of experienced mesothelioma attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights.
We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.
We fight for individuals and families affected by mesothelioma, holding negligent companies accountable for asbestos exposure. If you or a loved one has been diagnosed, you don’t have to face this battle alone. Contact Morgan & Morgan today for a free case evaluation and learn more about your legal options.
Do I have to pay for a consultation with a lawyer?
No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.
Hiring one of our dangerous drug lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.
Who will be on my case team?
When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.
Your case will be handled by a dedicated team of professionals, including Mesothelioma lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.
When do I meet with my lawyer?
After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for any upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.
These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.
How much does it cost to hire Morgan & Morgan?
Morgan & Morgan’s mesothelioma lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.
Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.
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