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Mesothelioma Lawsuit | Get the Right Lawyer

Mesothelioma is a rare form of cancer in which malignant (cancerous) cells are found in the lungs, stomach, heart and other organs. People who develop mesothelioma were most likely exposed to dangerous asbestos fibers while working in various industries to support their families. It is common for the development of mesothelioma to occur 20 or sometimes even 40 years after initial exposure to asbestos.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt
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If you or a loved one was diagnosed with mesothelioma, you should contact our law firm immediately.

You may be entitled to compensation by filing a mesothelioma lawsuit and we can help. Please click the button below for a Free Confidential Mesothelioma Lawsuit Evaluation or call us toll-free 24 hrs/day by dialing (866) 588-0600.

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Asbestos Exposure History

In this day and age, occupational health and safety standards are an essential component within any legitimate manufacturing environment, though this has not always been the case. The discovery and identification of mesothelioma as a distinct occupational hazard took over 60 years to be established.

Asbestos has been used for centuries in fireproofing, insulating, and other industries. Although malignant mesothelioma was not linked to asbestos until the 1960s (and the information was not released to the general public until the 1970s), medical experts throughout the world began speculating about health concerns associated with asbestos as early as the late 1800s and early 1900s.

In the early 1900's, workers at asbestos factories in Britain were experiencing an extremely high rate of lung disease. By the late 1920's, lung disease problems associated with asbestos mining and production were becoming well known, so much so that the British government commissioned a study in 1930. The study results showed that asbestosis was an occupational disease and was associated with asbestos.

Related: Asbestos exposure lawsuit

Malignant Mesothelioma

Malignant mesothelioma is a rare form of cancer that affects the thin cell wall lining of the body's internal organs and structures. It is known only to be caused by asbestos exposure.

Malignant mesothelioma affects the lining or membranes of certain large cavities in the body. These cavities, called the serous cavities, house certain major organs in the body including the heart, lungs, abdomen and others.

Symptoms of Malignant Mesothelioma

Some common mesothelioma symptoms of the malignant type include (but are not limited to):

  • Chest pains
  • Cough
  • Shortness of breath
  • Severe weight loss

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Benign Mesothelioma

Malignant mesothelioma is an unusual form of cancer in that it usually remains latent in the body for 20-50 years before it appears. However, benign or non-malignant mesothelioma can surface much sooner and is often an indication that the individual should be carefully watched for signs of more serious asbestos-related diseases in the future.

Appearing more in men than women, benign mesothelioma tumors usually start in the tissues under the mesothelium, which is known as the submesothelium. A similar tumor may grow in the peritoneum, the lining of the abdomen. Doctors have appropriately named that disease "solitary fibrous tumor of the peritoneum."

Benign Mesothelioma Symptoms
  • Chest pain
  • Shortness of breath
  • Chronic cough

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Mesothelioma patients are typically diagnosed within three to six months of their first visit to a doctor with complaints about breathing problems or chest / abdominal pain. The first step involved in a proper mesothelioma diagnosis is providing a full medical history to your doctor, including details about possible exposure to asbestos.

As with all asbestos-related diseases, a doctor begins the mesothelioma diagnosis by doing a complete physical exam and reviewing your medical history. Because mesothelioma is almost always caused by breathing in asbestos, you should tell your doctor about your exposure to asbestos if you suspect you may have mesothelioma. After performing the physical exam, a doctor should have x-rays of the chest performed and pulmonary function tests to determine if the symptoms are consistent to confirm a mesothelioma diagnosis.

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Mesothelioma Treatments

Conventional Mesothelioma Treatments

Conventional treatments for mesothelioma consists of surgery, chemotherapy, and radiation therapy. Surgery can include any number of surgical procedures. Chemotherapy includes various drugs that are considered toxic because they work by killing both healthy and cancerous cells. Radiation therapy can be delivered internally by placing radioactive substances such as cesium, iridium, and iodine near or into cancerous cells within the body or administering radionuclides directly into the bloodstream.

Radiation Therapy

Radiation is very useful against cancer of cells that divide quickly, like mesothelioma, because it kills cells that replicate fast. When mesothelioma patients undergo radiation therapy, they receive several successively higher doses of radiation, which shrink the tumor to a manageable size. Radiation relieves a great deal of pain, and victims of pleural mesothelioma suffer reduced instances of shortness of breath. Unfortunately, radiation cannot kill all of the cancerous cells without causing significant damage to the patient.

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Our Experience - Mesothelioma Litigation

Why You Should Choose Schmidt & Clark, LLP

"Our law firm has substantial expertise in the highly specialized field of occupational asbestos exposure litigation."

There are many law firms in the United States that advertise their legal services for most mesothelioma lawsuits; however most of these law firms do not actually litigate them. You can contact our law firm with confidence in knowing that we have earned the nationwide respect and recognition from our peers for the successful representation of victims and their families.

If you or a loved one have been exposed to Asbestos and developed a form of Asbestos related cancer such as Mesothelioma or other related disease, you should contact us immediately. You may be entitled to compensation and we can help.

Who is at Risk for Asbestos Exposure?

Mesothelioma is found in people who are chronically exposed to asbestos material. Those who are at the highest risk of developing mesothelioma are the people who directly handle asbestos material at their job. This group includes:

  • Vehicle mechanics
  • Construction workers
  • Shipyard workers
  • Electricians
  • Other workers in the building trades

Financial Compensation

Are Mesothelioma Lawsuits Being Filed?

With mesothelioma on the rise, and new cases of this cancer coming to light on a regular basis, mesothelioma litigation has become a multi-billion dollar industry in mesothelioma compensation claims against manufacturers of asbestos as well as the asbestos companies that may have exposed staff to this carcinogenic substance without adequate protection and warning.

Mesothelioma litigation is premised upon the liability of manufacturers of asbestos and asbestos products, for the harm caused by exposure to those products. It was once thought that mesothelioma litigation had peaked, but due to the fact that thirty or more years can pass before asbestos disease manifests itself, large numbers of new cases are filed each year. Many companies have been forced into bankruptcy since the litigation of these cases began.

An experienced mesothelioma lawyer who handles cases will typically be able to resolve the case within a year. Many of the firms which take these cases do so on a national level, and can often select the best state in which to file an asbestos lawsuit for a client who was exposed to asbestos at more than one location, commencing litigation in association with a local mesothelioma attorney.

Mesothelioma has a solid, thirty-year body of case law and precedent from which lawyers have been able to draw on in order to successfully argue their clients' cases. While no attorney can guarantee you a multi-million dollar settlement, you should know that history and the evidence are on your side.

Do your due diligence: choose a lawyer who has knowledge and experience in mesothelioma litigation, and make sure you have a strong case with credible evidence if you want to try to receive justice.

Mesothelioma Lawsuit Verdicts

  • April 6, 2018 - J&J Ordered to Pay $37 Million in Talcum Powder Mesothelioma Personal Injury Lawsuit - A New Jersey state jury has ruled against J&J and one of its talc suppliers, Imery Talc America, Inc., in an asbestos lawsuit filed by a man with mesothelioma, awarding him $37 million in compensatory damages after determining that his use of talcum powder caused the cancer.
  • November 8, 2016 - A jury in Los Angeles has returned an $18.07 million verdict in a mesothelioma lawsuit against talc supplier Whittaker Clark & Daniels for its role in causing a man’s development of mesothelioma. According to the asbestos lawsuit, plaintiff Phillip Depoian was diagnosed with both peritoneal and pleural mesothelioma in May 2015 after years of using a variety of talc-containing cosmetic products including Old Spice, Clubman, King’s Men and Mennen Shave Talc. The verdict is believed to be the largest award on record for a lawsuit alleging mesothelioma from cosmetic talc exposure.

As new cases of mesothelioma are being diagnosed everyday, a large number of mesothelioma lawsuits are filed for compensation. Though nothing can compensate for the sufferings and loss of life of mesothelioma victims, they and their grieved family members can get some solace if they are awarded an appropriate compensation.

If you or any of your loved ones are a mesothelioma victim of this deadly disease, you can recover compensation in a mesothelioma lawsuit. There are numerous examples of mesothelioma verdicts wherein victims been awarded compensation reaching into millions of dollars.

The only way to discourage unscrupulous corporations that ignore their workers’ and customers’ safety in the pursuit of profits is to make it expensive for them to do it. This is the purpose of punitive damages.

Punitive damages often make up the vast majority of mesothelioma verdicts because the defendants act so horrendously, and because the defendants are often massive corporations with a lot of money.

In connection with the vast number of mesothelioma lawsuits pending before the courts, as well as the average individual mesothelioma compensation award extending well above $1,000,000 USD, the environment for mesothelioma litigation claims has never been better.

Indeed, closer examination of settlements and verdict awards in various state and federal court venues, as well as the mesothelioma lawyers and mesothelioma law firms obtaining such results in favored jurisdictions, places plaintiffs in a position to obtain optimal results.

Related mesothelioma lawsuits:

Some cases related to mesothelioma lawsuits can be extremely complicated, and specialized lawyers are necessary to handle the entire asbestos litigation process. It is best to establish contact with a mesothelioma law firm as early as possible, so that the benefits, the suing process, and the amounts a victim can obtain can be worked upon as early as possible.

Mesothelioma was recognized as a legitimate cause of a wrongful death lawsuit by the U.S. government in 1989 and consequently commercial use of asbestos was banned. This happened after numerous researchers unquestionably proved that mesothelioma is a deadly cancer caused by asbestos exposure.

For people who are suffering from mesothelioma, the good news is that now they can get compensated for all their medical expenses and treatment through the filing of mesothelioma lawsuits.

Unfortunately, you cannot fight the legal battle on your own. You will require a professional, experienced, and reputable mesothelioma lawyer to help you file a mesothelioma lawsuit and get you fair compensation from the responsible source of asbestos exposure.

Mesothelioma victims are given a legal right to a mesothelioma claim monetary compensation from the asbestos industry. Often, this figure goes into the millions on the basis of cause and rights of the claims. To claim monetary compensation from the asbestos industry, you need to hire a law firm that specializes in mesothelioma cases.

The legal proceedings costs to file a mesothelioma lawsuit are set on the basis of contingency, so you do not need to pay any money to the law firm until you win your case.

The sooner you get started learning about your mesothelioma treatment, financial and legal options, the better off you will be. You are not alone nor are you powerless in this fight against mesothelioma. The team of mesothelioma lawyers at Schmidt & Clark, LLP have helped asbestos and mesothelioma victims nationwide recover settlements and jury trial verdicts.

How to File a Mesothelioma Lawsuit

Over the years, many people who have worked with asbestos have filed mesothelioma lawsuits and have successfully claimed millions of dollars in compensation. Anyone who has contracted mesothelioma as result of exposure to asbestos may be eligible to file a mesothelioma lawsuit and should contact a legal specialist as early as possible.

Those who may be eligible to file a mesothelioma lawsuit are people who have contracted the cancer as a result of direct exposure to asbestos, those that have contracted mesothelioma as a result of secondary exposure, and those that have lost loved ones as a result of asbestos-related cancer.

Although you may think that the actions taken by corporations that may have led to the development of mesothelioma by many people amount to criminal acts of negligence and indifference, a mesothelioma lawsuit falls under the legal category of torts, or personal injury law. This is actually to your advantage, because the standard of proof is less than that of criminal cases.

The time an individual has to file a claim varies from state to state, but generally the time limit is one to two years from diagnosis. It is important that you check on the time limitation for your state and act within the limitations, otherwise you may not be eligible to claim.

If you are claiming on behalf of the deceased, time limitations still apply and it is probably even more important to act quickly because of the time limits and the research required by the lawyer.

Do I Qualify to File a Wrongful Death Lawsuit?

When a diagnosis of mesothelioma is verified, the affected individual can seek legal assistance from those specializing in asbestos cases. Victims can seek compensation from the asbestos industry, which can be made to pay for financial security for surviving family members.

There are two types of legal assistance one can seek. One is a personal injury case where the victim is still living; the second is a wrongful death case where the individual has already died and any member of his family would act as a representative.

Only if asbestos exposure is linked to a particular job-site can a worker’s compensation claim be filed against an employer. The victim must be able to prove without a doubt that his illness was caused by exposure to asbestos.

It is important that the plaintiff discloses all information, such as work history, time frame of exposure, types and brands of asbestos, name of employer, name of co-workers, diagnosis, prognosis, and all other information related to his/her mesothelioma cancer.

Providing the lawyer with the correct and complete information will aid in quickly determining the appropriate course of legal action, help him form a solid foundation of the victim’s case and may speed up the process of asbestos litigation.

One must remember that time is of the essence when filing a mesothelioma lawsuit due to mesothelioma illness. Statute of limitation states that a claim must be filed within a short period of time (ranging from one to three years depending on what state the victim resides in) from the date of initial diagnosis.

Waiting too long in the filing of claims can result to making it impossible for you to recover any form of compensation.

Case Process

Though all wrongful death lawsuits are different, most asbestos cases progress in a similar manner. Once you've decided to proceed with an attempt to obtain compensation for your asbestos-related injuries, the process should be similar to the one outlined below.

The mesothelioma case process, when broken down, can be understood as a simplistic order of operations. There are six main steps:

1. Filing: You must file a lawsuit with the court. The defendant will be contacted with your claim.

2. Responses: The defendant in the case will give a response to your claim.

3. Discovery: After initially filing the lawsuit, both legal teams will gather information regarding the case. In most cases, the defendant's legal team will ask you to answer questions, both written and on videotape (which can even be performed in the comfort of your home).

4. Setting a Trial Date: If the case goes to trial, a date will be set.

5. Settlement: Before the trial starts, the defendant's lawyers may offer to resolve the case for a set amount of money. However, this initial offer amount may be low in comparison to future offers. The defendant may make a better settlement offer during trial.

6. The Trial: The trial process varies depending on where you file a claim. In many cases, it is not necessary for the plaintiff to appear in court.

In all, a typical case can take months to years, depending on its complexity. An experienced mesothelioma attorney can probably give you a fair idea of just how long your particular case may take to come to settlement.

Financial Recovery

There are a number of possible sources of financial assistance and/or compensation for people with mesothelioma.

In both mesothelioma trial verdicts that find for the Plaintiff and cases that settle before trial, the amount awarded or settled on is based on compensation for two kinds of loss: economic loss and non-economic loss.

Economic Loss

Economic loss refers to the financial damages resulting from the illness or death of a mesothelioma victim due to wrongful action. This type of financial loss includes:

  • Medical expenses - doctor and hospital bills, medications, insurance co-pays and deductibles, medical devices and home health care.
  • Lost wages – the pay the victim loses beginning when they have to miss work or stop working as a result of their illness, through to their expected retirement. This can also include lost retirement pay and social security.

Non-Economic Loss

Non-economic damages, on the other hand, are non-monetary losses that can be more difficult to quantify, but no less important. They include:

  • Pain and suffering
  • Mental anguish
  • Disfigurement
  • Physical impairment
  • Inconvenience
  • Loss of companionship
  • Loss of enjoyment of life
  • Loss of consortium

Because of the aggressive nature of mesothelioma, it is important that the patient and his or her family move quickly to document the facts and circumstances particular to the individual’s exposure to asbestos.

This includes gathering information on work history, the types and brands of asbestos products encountered in one’s past, as well as the different work locations where exposure may have occurred and names of co-workers.

Not only does mesothelioma progress rapidly, but rules of legal procedure, known as statutes of limitation, require that a claim be filed within a short window of time from the date of initial diagnosis. If you wait too long, it may be impossible to recover for any of the financial, physical and emotional hardships, regardless of the amount and strength of the proof gathered.

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The Asbestos Litigation Group at our law firm is an experienced team of trial lawyers that focus exclusively on the representation of plaintiffs in mesothelioma lawsuits. We are handling individual and group asbestos litigation nationwide and currently accepting new cases in your area.

If you or a loved one have been exposed to Asbestos and developed a form of Asbestos related cancer such as Mesothelioma or other related disease, you should contact us immediately. You may be entitled to compensation and we can help.

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