{"id":8067,"date":"2020-03-02T13:00:52","date_gmt":"2020-03-02T18:00:52","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/legal-options-mesothelioma-patients\/"},"modified":"2022-08-18T21:16:09","modified_gmt":"2022-08-19T01:16:09","slug":"legal-options-mesothelioma-patients","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/legal-options-mesothelioma-patients\/","title":{"rendered":"Legal Options for Mesothelioma Patients"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">Mesothelioma is an aggressive, non-curable cancer that causes extreme physical and emotional duress for victims and emotional duress for the families of those who pass away due to this disease. If its cause is related to employer negligence, victims and their families have valid legal claims\u2014even if a previous employer is no longer in business. Here\u2019s a brief background of mesothelioma, legal options and processes available for victims.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">What is Mesothelioma?\u00a0<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Mesothelioma is a rare form of cancer that affects the lungs. It\u2019s typically caused by exposure to asbestos, and it is a very aggressive form of cancer that can take years to develop. Tiny asbestos particles can be easily inhaled and become lodged in the body, where they can stay there undetected for a very long time; but usually, the fibers will ultimately turn cancerous and spread.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Mesothelioma most often affects the lungs. The membrane tissue surrounding the lungs becomes irritated and starts to form tumors around the lungs. However, mesothelioma can also affect the heart and the abdomen, with similar tumorous developments.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">What Causes Mesothelioma?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">The most common cause of mesothelioma is asbestos. This is a fibrous material that was commonly used in construction projects as an insulation material until the 1980s, when knowledge of its dangerous properties became common. It has an innate ability to withstand heat, which made it extremely useful as fire-resistant plating in doors, walls, ceilings and floors. Those who have been exposed to asbestos, especially for long periods of time, are at an increased risk of developing mesothelioma.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Since it can take years or even decades for asbestos particles to cause mesothelioma to develop (it takes an average of <\/span><a href=\"https:\/\/www.lung.org\/lung-health-and-diseases\/lung-disease-lookup\/mesothelioma\/mesothelioma-symptoms-causes-risks.html\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"font-weight: 400;\">20 years for symptoms to surface<\/span><\/a><span style=\"font-weight: 400;\">), it can be hard to diagnose. On top of its long latency period, symptoms can be easily confused for a variety of other conditions.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">Who Can Receive Compensation?\u00a0<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Compensation may be awarded to anyone who has developed mesothelioma due to exposure to asbestos caused by an employer\u2019s negligence. They can sue for economic loss, which includes treatment costs and loss of income due to damaged health; non-economic loss, which includes emotional duress; and punitive damages, which are fines that punish the defendant for misdeeds to discourage future misbehaviors.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In some cases, family members of a person whose death is caused by mesothelioma may also have legal entitlement to compensation. They can also sue for legal, non-legal, and punitive damages.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Mesothelioma most commonly affects those who have been exposed due to occupational exposure; the most common <\/span><a href=\"\/article\/high-risk-occupations\/\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"font-weight: 400;\">occupations at risk<\/span><\/a><span style=\"font-weight: 400;\"> include construction workers, electricians, plumbers, and others who have been regularly exposed to building materials using asbestos.<\/span><\/p>\n<p><a href=\"\/article\/mesothelioma-and-the-military-what-is-the-connection\/\"><span style=\"font-weight: 400;\">Military veterans<\/span><\/a><span style=\"font-weight: 400;\"> are another class at risk of mesothelioma, as asbestos was regularly used in the construction of Navy ships and other military vehicles and structures during the 20th century.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">What If My Previous Employer Is No Longer in Business?\u00a0<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Some people affected by asbestos may not go in search of legal compensation due to the long period of time it takes for mesothelioma to surface; the employer who caused the exposure is no longer in business.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">As a result, victims may not know who can be held responsible and provide compensation for the costs of their disease, despite how expensive treatment for mesothelioma can be. However, there are specific trust funds that have been established just for the purpose of compensating those with mesothelioma who seek legal recourse. These trust funds currently have over $30 billion reserved for victims to claim.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">How Do I Make a Case?\u00a0<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">To claim compensation for mesothelioma, contact a <\/span><a href=\"\/practice-areas\/mesothelioma-attorneys\/\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"font-weight: 400;\">mesothelioma lawyer<\/span><\/a><span style=\"font-weight: 400;\">. Your lawyer will collect medical records, eyewitness accounts, and any other relevant data in order to prove your case. It is recommended that you work with a lawyer who has specific experience with mesothelioma cases, as they will require to work with detailed scientific and medical information.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The amount of money you may receive from a mesothelioma case varies from thousands and hundreds of thousands to millions of dollars. According to a 2016 Mealey\u2019s Litigation Report, the average amount awarded from a mesothelioma trial is $2.4 million, while the average out-of-court settlement pays about $1 million.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Mesothelioma lawyers at Napoli Shkolnik  have consistently and successfully won settlements for their clients seeking compensation. One client who developed mesothelioma due to exposure in his occupation as an insulator worked with Napoli Shkolnik  ultimately obtained a $2 million settlement.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In another case, the firm negotiated a multi-million dollar payout for a Pennsylvania power plant worker who contracted mesothelioma after 30 years working in conditions which exposed him to asbestos.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">While no amount of money will make up for lost health or the death of a loved one, recognize that there are resources available to alleviate financial costs and hold responsible entities accountable. Our experienced mesothelioma attorneys can discuss your legal options with you and your family, who may have experienced secondary exposure. <\/span><a href=\"\/contact-us\/\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"font-weight: 400;\">Contact us<\/span><\/a><span style=\"font-weight: 400;\"> today for a free consultation with no obligation.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Mesothelioma is an aggressive, non-curable cancer that causes extreme physical and emotional duress for victims and emotional duress for the families of those who pass away due to this disease&#8230;.<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[781],"tags":[],"class_list":["post-8067","post","type-post","status-publish","format-standard","hentry","category-mesothelioma"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8067","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/comments?post=8067"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8067\/revisions"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=8067"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/categories?post=8067"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/tags?post=8067"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}