It was well known to the asbestos companies that asbestos fibers and dust from the mining and production of parts could cause major health problems. Even before the 1930s it was well known among scientific, medical and business circles that people were dying from diseases related to asbestos exposure. Unfortunately, this knowledge remained common only to those circles and was never disseminated among the people who would be most affected by exposure: the miners, factory employees and family members who lived with them. |
All through the asbestos heyday between the 1950s and 1970s people were exposed to asbestos fibers and dust by working in environments that used the material without safety precautions. There was no proper ventilation in the buildings and mines, no use of masks to avoid inhaling the dust and no protective clothing worn to keep employees from taking the dust home to their loved ones.
All in all, about eight million people were exposed to asbestos and are at risk for developing mesothelioma due to utter negligence on the part of the asbestos companies. Simply put, they chose not to protect their employees because it would cost them money.
Going Public
In about the mid 1970s a number of asbestos company memos and documents were made public that stated the extreme danger posed by asbestos exposure. The information made it very clear that the exposure was directly related to the development of lung diseases and that the knowledge was available for decades.
After that point asbestos companies and those that have asbestos related products, have issued warnings to their employees but it is still believed that they downplayed the seriousness of the danger posed to employees. Even 30 years later, there is insufficient warning to employees who are exposed and in some cases they are completely unaware that they are working with materials that contain asbestos.
Mesothelioma Cases
People who were exposed are paying the price for the asbestos companies’ negligence. That price includes loss of quality of life, loss of ability to work, loss of loved ones who were exposed, exorbitant medical costs, pain and suffering, and in nearly every case death. Mesothelioma is an incurable cancer caused by exposure to asbestos. This aggressive cancer lays dormant in the body for up to 50 years before showing any symptoms. Because most people are into their senior years before the symptoms begin, they assume that they are just signs of aging and dismiss the suffering until it becomes unbearable. By then it is usually too late for any of the traditional treatments to have any effect on the disease.
Treatments
In some cases, when the cancer is detected early, treatments can prolong the patient’s life and relive the majority of symptoms. Treatment options include chemotherapy (the use of chemicals to reduce tumor size and relieve symptoms), radiation therapy (the use of x-rays and other types of radiation to reduce tumor size) and surgery (to physically remove areas that have tumors in an attempt to eradicate the cancer).
Unfortunately, most cases are inoperable and respond only marginally to the traditional treatments. Victims of mesothelioma can consider entering clinical trials which test the efficacy of new drugs and treatments for mesothelioma. These are often based on a number of factors and test a single aspect of the cancer treatment. Sometimes they result in incredibly effective treatments, others they make the condition worse.
Case Evaluation
Once you have decided to file a mesothelioma lawsuit you will have your case evaluated by the team of lawyers that will handle your case. In most cases you will be charged nothing until there is some monetary settlement or award given by the court; you do not win, you do not pay. The lawyers will want to act quickly because the statute of limitations on mesothelioma cases tends to fall within two years of diagnosis or death. Your case can be worth millions of dollars depending on the facts surrounding the case and the company.
The lawyers will evaluate:
- Your health history – to determine if there is any other possible cause for your ailment. They will want some proof of your diagnosis and any other medical information you can supply
- Your history of exposure – they will want to know how much time you spent exposed to asbestos without knowing it. If you worked in an environment that used asbestos materials or was fireproofed with the substance your case will veer in one direction; if you lived in an area that had an asbestos mine or factory but were not exposed through work it will go in another direction.
- The source of your exposure – it will be very important to try to pinpoint the source of the exposure. If you worked with asbestos it will be easier to prove the source, but if you were exposed because you lived near a plant, were in a building that housed asbestos or had appliances that were made with the material you will have to pinpoint the source. This can be difficult at times, but lawyers have lists of products, materials and plants to help.
- The company’s litigation history – a company that has already been sued on the grounds of asbestos exposure will be easier to take to settlement. If yours is the company’s first mesothelioma case, you will probably go to trial but you stand to get a significantly higher award.
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Usually many decades have passed from the original exposure and memories can become faint, mesothelioma lawyers are there to help pinpoint the source and guarantee compensation. Your lawyers will work with you to figure out who you need to sue and how much compensation you will receive.
Money may not be much of a compensation for your suffering with mesothelioma but it is a good insurance policy for the loved ones left behind. If you or someone you love has been diagnosed with or died from mesothelioma, you need to contact a legal professional with experience in asbestos law as soon as possible. |
