Mesothelioma Lawsuits - an Faq
Mesothelioma can be intimidating and frightening diagnosis to receive, especially if the mesothelioma is connected with occupational asbestos exposure. This can be particularly confusing and frightening because mesothelioma may not even appear in an individual until many years or even decades after the initial asbestos exposure. In order to properly deal with this condition, it is important to address the medical treatment of the mesothelioma first. Once a treatment course has been determined and initiated, the next best step may be to inquire with a qualified mesothelioma lawyer about the possibility of mesothelioma litigation. The prospect of a mesothelioma lawsuit can seem intimidating in and of itself, therefore this article is intended to assuage any fears about mesothelioma litigation by provide answers to questions commonly asked about mesothelioma lawsuits.
What does the term “occupational exposure” mean in the context of a mesothelioma lawsuit?
“Occupational exposure” means that you were exposed to the agent that caused your mesothelioma - usually the toxic mineral asbestos in its insulation and fireproofing forms - in the usual course of business. If you worked with asbestos and then contracted mesothelioma, even if it was years after the exposure, you experienced occupational exposure.
What does a mesothelioma lawsuit entail?
Litigation is a long and often confusing process. When you contact a lawyer about a potential mesothelioma claim, you will typically present your medical records and diagnosis for his assessment before he can tell you if you have a chance in court. If the lawyer determines that your case is sound and will probably recover some monetary compensation and damages, he will take on your case, usually with a retainer or fee agreement. The lawyer will then file a complaint and summons suing the appropriate parties for the exposure leading up to mesothelioma.
The court will set a series of dates for discovery and trial and, if the case does not settle, both parties will begin to work towards building a case. Since mesothelioma is a disease, an Independent Medical Examiner (IME) will probably be involved in your case. An IME conducts an unbiased medical investigation into your mesothelioma and examines your medical records. The other side will probably request your medical records, as well, in order to determine if you had a pre-existing condition or other medical problems that may relieve them of responsibility for your occupational mesothelioma. You should be prepared to sign any necessary waivers that will release this pertinent medical information to any parties requesting it. Your attorney will advise you which documents to sign and which releases to give. During the discovery process, your attorney may also consult with medical and other experts, who perform a variety of services such as document review and reports, medical examinations and detailed expert testimony on issues related to asbestos exposure, mesothelioma and employment.
If your case goes to trial, expect your lawyer to consult with other experts such as trial preparation specialists, who conduct mock trials and coordinate convincing exhibits, multimedia experts who can help present the evidence at trial in the most convincing manner, and witnesses who can bolster your own testimony in your mesothelioma trial. In an effort to avoid the cost and expense of a lengthy jury trial, many states require a mandatory settlement conference (MSC) or arbitration at which both parties sit down for a last-ditch attempt to resolve your complaints. This may or may not result in a monetary settlement. If a jury finds in your favor, you may be eligible for damages above and beyond just your medical treatment; pain and suffering, loss of employment, and other damages may apply.
Do patients usually win mesothelioma lawsuits?
It may seem like a daunting process, but patients do effectively fight and win against employers who have caused them to be exposed to toxic asbestos and its devastating health effects. Often, employers knew of the health dangers of asbestos but did not warn their workers or enable them to work in safe conditions. The fact that negligence occurred, whether willful or accidental, means that employers have responsibility for damage to the health of their employees that occurred as a result of asbestos exposure during the normal course of work. Patients can and do win mesothelioma law suits, and many multi-million dollar payouts have been recorded for the victims of mesothelioma and their families. If you have mesothelioma, it is vital to contact an experienced and competent mesothelioma lawyer in order to recover your rightful compensation.
Mesothelioma Lawsuits in Richmond California
Mesothelioma lawsuits were considered to have reached their maximum numbers in the late-mid nineties. It became evident and was expected that once the news about asbestos linked health risks were brought to the public’s attention, Mesothelioma lawsuits were filed at lightening speed. New claimants in Richmond California surfaced from all stages of mesothelioma, and California mesothelioma lawyers began to realize they needed to become fluent in the medical conditions their clients presented.
In the late nineties, experts claimed that the number of Richmond mesothelioma lawsuits would be steadily declining, since tougher asbestos laws made it less tolerable to use asbestos laden materials in construction or production. Just as the insurance companies began to breathe a sigh of relief that they survived the Mesothelioma claims, the number of Mesothelioma lawsuits began to climb once again.
The difference between older lawsuits and newer lawsuits, however, was clear. The majority of new Mesothelioma lawsuits were being filed by individuals who were not ill in any way, not had they been diagnosed with Mesothelioma.
Does this new Mesothelioma lawsuit trend threaten to undermine current Richmond mesothelioma lawsuits with patients who are actually fighting the disease, or are these new Mesothelioma lawsuits filed by healthy claimants a sure sign of what is to come? There has been little to argue that high levels of asbestos is the cause of Mesothelioma.
There is little to argue the fact that it takes decades before a person who has been exposed to these toxic levels of asbestos may develop Mesothelioma. The evidence is clear. The companies who are responsible for exposing their employees are rapidly going bankrupt due to the astronomical settlements and award judgments.
People who were exposed to asbestos are no longer willing to wait until they are ill before filing Mesothelioma lawsuits. Their decision to file a Mesothelioma lawsuit is based on the fear that with the decades of dormancy associated with Mesothelioma the available funds to cover their future medical expenses and their family’s basic financial needs will be long gone.
This poses an interesting question for those who have knowingly been exposed to asbestos. Filing a Mesothelioma lawsuit based on exposure may very well provide for the individual as well as the family in the event that Mesothelioma is diagnosed. California juries are awarding these settlements and recognizing that exposure is enough of a basis in which to file.
However, there is only so much honey in the barrel, and for those who file Mesothelioma lawsuits and win but never develop Mesothelioma may very well have taken the financial resources out of the hands of someone who waited until they were diagnosed. This is a very tricky and difficult ethical question faced by those who have been made aware of their asbestos exposure.
This poses a difficult question for various companies who were once responsible for the large amounts of exposure to asbestos but have moved on to more ethical manufacturing practices. The company at one time was responsible for presenting a huge health risks in association to asbestos and Mesothelioma. However, they now employ hundreds of thousands of workers who are protected against asbestos and Mesothelioma.
In most cases, the current management and ownership was not even in existence when the asbestos levels were high enough to cause Mesothelioma risks. Should they choose to settle these Mesothelioma lawsuits, they risk placing hundreds of thousands of people out of work.
The company may have at one time been responsible for the development of Mesothelioma in the past, but future cases are not likely because the asbestos has been removed.
Those who were exposed have a likelihood of developing Mesothelioma, and there is a responsible party which should be there to help cover the extraordinary expenses associated with Mesothelioma treatment. Where are they supposed to turn when they develop the disease? If they wait too long, there may not be any place for them to turn. If they file a Mesothelioma lawsuit too early, they may be denied compensation.
Questions such as these are often best discussed with a competent California mesothelioma lawyer who can handle cases in Richmond, San Francisco, Oakland, San Diego, Los Angeles and throughout California. Having seen hundreds of cases and families affected by Mesothelioma, they can offer insight which can be unattainable any other way.
Despite the fact that they are not currently responsible for the development of Mesothelioma, you can count on these companies having lawyers on speed dial to fight for them. It would only be prudent that those who have been exposed to high levels of asbestos and are at risk for developing Mesothelioma do the same.