Legal Issues and Mesothelioma

Mesothelioma is a rare form of cancer that is diagnosed in approximately 2,000 people every year. However, unlike most other kinds of cancer, mesothelioma can be prevented. This type of cancer is, in most cases, caused by exposure to asbestos, which is a mineral found naturally in the earth. It is not a hike through nature that should deeply concern you, though. Heavy mining of asbestos began with the Industrial Revolution and continued through the early-1990s. The toxic mineral was used in thousands of domestic and industrial products throughout the United States. Widespread use has created a number of health problems for people, including mesothelioma. If you’ve developed mesothelioma, it is important to know your legal rights. Those afflicted with mesothelioma deserve compensation if they were put at risk without their knowledge.

Mesothelioma law covers both risk and the actual development of mesothelioma. An estimated 1.3 million people are exposed to asbestos every year, and before the 1980s, asbestos was not even moderately regulated, meaning that even more people were exposed before the '80s. Currently, the laws set forth by the Occupational Safety and Health Administration state that asbestos fibers cannot exceed levels of 0.1 fiber per cubic centimeters during a 30-minute time period. Laws also regulate this rate cannot be exceeded during an 8-hour work shift. In addition, current law states employees handling asbestos or working near it must be provided with protective clothing, a facility for showering after work to contain the asbestos, breathing devices, and other items to prevent exposure to asbestos. On top of that, employees must be trained and told about the health risks surrounding asbestos.

However, this was not always the case. Before the 1980s, asbestos was not regulated closely and major asbestos companies often neglected to tell their employees about the health dangers of this substance. Research shows these corporations did know about mesothelioma and other health problems caused by asbestos. In some cases, companies did private studies on these factors as early as the 1920s and 1930s. Asbestos companies conspired to keep this information a secret to prevent employees from leaving or the government from regulating the use of this product that was bringing in large sums of money.

If you were unknowingly exposed to asbestos and have developed mesothelioma or another asbestos-related health condition, it is important to talk to a mesothelioma lawyer about filing suit against the company or companies responsible for exposure. If you are personally dealing with an asbestos-related health problem, you will file a personal injury lawsuit. On the other hand, if a loved one has passed away from mesothelioma, anyone in that person’s family can file a wrongful death lawsuit.

Eligibility is essential to file a claim. Anyone unknowingly exposed to asbestos is eligible when diagnosed with mesothelioma, as long as state statute of limitations rules are followed, and this varies from state to state. It usually ranges from one to three years, and the countdown begins on the day you are diagnosed. If you want to file suit, it is important to talk to a lawyer as soon as possible to avoid exceeding the statue of limitations.

Asbestos lawsuits are becoming more and more common as people continue to be diagnosed with mesothelioma. The first major case was actually won in the early-1970s, while asbestos was conventionally used in many places and products. Today, most major corporations will settle outside of court because they know losing the case may be highly likely. In fact, some companies even have special funds set up for victims and their families. Naturally, many mesothelioma cases can be difficult or drawn-out. The asbestos company will try to prove they are not at fault for your condition, and they may appeal a ruling. Sometimes an asbestos-related court case can take more than two years, which often motivates a settlement out of court.

The industries hardest hit by mesothelioma lawsuits include construction, shipbuilding, and power generation. However, many other products were manufactured using asbestos as well. This is why it is so important to see a doctor if you worked in a factory, on a ship, or in a power plant in the past. You may also want to have your home tested for asbestos if it was built before 1980. This is especially important if you intend to do any home renovation projects.

If diagnosed with mesothelioma or another asbestos-related disease, it is very important to talk to a lawyer as soon as possible. Finding a good asbestos lawyer with experience in this subject matter will help you file a strong case. By filing suit, you may be able to get the compensation you deserve to pay for medical bills. To learn more, fill out the form on the right for more information about mesothelioma, asbestos, and the legal rights surrounding these issues.