Tuesday, January 12, 2010

Summary of Mesothelioma Law


Since this disease is always contracted by exposure to asbestos, and since asbestos has been mined and used by companies for decades as a flame retardant, lots of employees have ended up suing their employers because of disease resulting from asbestos exposure. Thousands of asbestos-related lawsuits have been filed in the United States and abroad since the 1930’s when the deadly effects of asbestos exposure were first documented.

Unfortunately, the nature and location of mesothelioma and asbestosis make an early diagnosis difficult, if not impossible. Most victims of mesothelioma have few medical options by the time they have been diagnosed. The disease can be treated by chemotherapy, radiation, and other standard cancer regimens, but it is most often progressive and fatal.

In the case of a mesothelioma lawsuit, the plaintiff’s attorney must prove that the defendant is responsible for causing the asbestos exposure, and they neglected to tell and protect the plaintiff from its effects. Their cases is stronger if they are a non-smoker and can prove that the asbestos exposure is the only possible cause of their disease.

Thousands of people each year are diagnosed with some form of mesothelioma. Lots of seek to recover damages from the employer who exposed them to asbestos through a mesothelioma lawsuit. The laws regarding asbestos-related disease fall under the personal injury section. The plaintiff sues the defendant for damages that resulted from negligence or neglect.

The defendant’s attorneys have several options. They will often offer to settle out of court, if they fear that a jury trial would result in a massive judgment. Lots of trials are avoided or shortened by a mesothelioma settlement. If they go to trial and lose, they can also appeal the verdict if there's grounds

A patient suffering from asbestosis or mesothelioma needs to hire a competent and experienced mesothelioma attorney to represent them. Since the defendant is probably a massive company with previous experience in these cases their legal firm should be a specialist in mesothelioma law, and not a general practice law firm.

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