Saturday, May 22, 2010

Mesothelioma: Legal Compensation

Mesothelioma settlement is a often discussed topic as the victims or families of the victims are in active need of financial assistance from the government or from the asbestos industry. The financial assistance for mesothelioma can be termed as legal compensation to the mesothelioma victims. Here we will discuss how this disease so massively originated in the USA, what types or financial compensation for mesothelioma is available, and where the victims or his representatives may approach for a mesothelioma legal compensation:

The early 1800s was the period when Asbestos has been excessively mined and commercially used throughout the American states. During this period most of the commercial complexes were built besides these millions of asbestos roofs, blocks, and tiles were assembled in the regular residential houses and development of human settlements across the regions. Thus, beginning from 1800 till 1978 roughly 10 million workers were directly exposed the deadly mineral called asbestos. The workers were exposed to asbestos during cutting, polishing, and breaking into small pieces—the deadlier particles floating into the air as dust just spontaneously entered into their lungs causing mesothelioma at the later years of life. It’s a disease that starts taking toll to the asbestos exposed people age ranges between 50-70 years. Naturally, the disease of mesothelioma is being observed in more and more people who were engaged in asbestos work around 30 years back from now.

If one ask ‘what is mesothelioma?’, the answer is: Mesothelioma is a rear category of cancer which is caused by asbestos exposure. Immediate diagnosis and prophylactic medication to the affected patient is not possible as its incubation period is approximately 30 to 50 years. The symptoms are not detectable before complete incubation. Though some symptoms come through, but often those are misjudge considering some other less serious diseases. But, mesothelioma is somehow detected at its preliminary stage; definitely there comes enough chances to save a patient from the deadly painful disease.

Its true, the business enterprises never admits their responsibilities toward the mesothelioma victims who worked in the most risky atmosphere, consuming the poison of asbestos, and thus generating revenue for the organization. Even the employers never followed the already in place Asbestos Minimization act while conducting the manufacturing activities in their plants and sites. However, upon diagnosis of mesothelioma the victims, his/her family, or loved one can claim legal compensation from the asbestos industry. This includes the financial security, financial assistance, or one time compensation on legal ground. The amount of compensation may amount to millions of dollars.

Why the victims of Mesothelioma are subjected to receive financial compensation?

• It was the complete responsibility on the employer’s end to ensure to apply all the health safely measures. Here, the victim with no prior knowledge to the deadly affects of mesothelioma exposed themselves and finally became a pray of it. Therefore, the victims are entitled to financial compensation from the asbestos industry.

• The fatal nature of mesothelioma makes a victim eligible for claiming compensation. Till today, mesothelioma is not detectable at its earlier stage; rather it is detected on the very final stage when a patient has only to live for 5 to 8 month. There are only some handpicked doctors and healthcare organization who expresses their willingness in treating the patients. An immediate financial compensation assists the victims or their families to do the needful.

• The painful trauma related to this disease and the sufferings of the victims since the beginning of their illness amounts not only the physical trouble but emotional hardship as well. The diagnostic tests are not less painful and the medical expenses for each of the steps and therapies are even more costly than any other illness. Here, financial compensation comes really effective in assisting mesothelioma victims and their families.

TYPES OF LEGAL ASSISTANCE TO THE MESOTHELIOMA VICTIMS:
At present, there are two types of legal assistance the mesothelioma victim or their families can claim for. The first one is personal injury case when the patient is still alive; the second one is wrongful death when a mesothelioma victim is expired and his family is acting as a representative of the victim. Provided that the victim was employed to a plant, factory, establishment, or work-site where asbestos has been the prime product he used to work with and his/her disease was initiate with exposure to direct or indirect exposure of asbestos.

In order to truly receive the claimed compensation amount from the asbestos industry, the victim (plaintiff) must clearly furnish some real information related to this fact. These are as name of the employer/organization, work history, time frame of exposure, type of asbestos, brand of the asbestos, name of colleagues, diagnosis, prognosis, and any other information related his/her mesothelioma cancer. Often it observed that the victim himself/herself are not in a state to furnish all these aforementioned information, here some expert lawyer assists them is collecting all the supportive information and preparing the necessary documentation supporting the facts about how the victim came in contact of asbestos and how mesothelioma affected on his/her health. The legal evidence and documentations helps in speedy processing of a victims appeal for legal assistance.

It is to note that time is a great mater while filing for financial compensation because of illness related to mesothelioma. Always a claim must be filed within a short time period which can be ranged from one to three years from the date of first diagnosis of this disease (where the victim is residing in is an important point here). Remember, waiting for a long period often result difficulties or non-receipt of the compensation amount. To make everything hassle free a number of lawyers, paralegal investigators, doctors and academics that specialize in Asbestos litigation are at your service. In general, seeking legal advice and pursuing a claim is expensive, but a mesothelioma lawyer never requires payment upfront, they only asks for litigation fees only when the verdict is in the favor of the plaintiff.


Its true that a mesothelioma patient has to live with us for a few months. Its true a victims painful agony, mental trauma, and the hardship in every moments are unbearable. Similar happens to the family members or a loved one to the mesothelioma patient. But, for the last few months a legal compensation better assists everyone to keep fighting with the hardships and trauma of mesothelioma.






1 comment:

  1. Mesothelioma is a relatively rare form of cancer caused by exposure to asbestos. People who contract the disease must make sure the cause was asbestos exposure and then take steps to get the right legal counsel. Once the legal counsel has been retained the law will ensure that you get the compensation you deserve for your employers negligence if any.

    My Social Bookmarks: Bilal Shanti Facebook, Dr. Bilal Shanti Wordpress, Bilal Shanti MD Vitals, Dr. Bilal Shanti MD SiliconIndia, Bilal Shanti 123people, Bilal Shanti MD LinkedIn

    ReplyDelete