While some people immediately jump to the legal end of things when they are diagnosed with mesothelioma, others are hesitant to do so. It may be due to the emotional upset caused by the sudden diagnosis, the prognosis being that only a short time is left or even the idea that legal fees are too high. What you should realize first and foremost is that taking legal action when you have been diagnosed with mesothelioma is your right.
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You have a right to the proper medical treatments no matter the cost. You have a right to be compensated for your pain and suffering. You have a right to peace of mind regarding your family’s welfare after this terminal illness takes your life. You have the right to take action against the people who put your life at risk for their profits. Here is some information that should help you understand why you should file your claim and do so as soon as possible.
Dangers of Asbestos
The dangers that asbestos posed was well known among medical and scientific circles far longer than many people realize. There are large deposits of asbestos everywhere in the world and it has been widely mined and used for millennia. Asbestos was in use in ancient Greece 6,000 years ago. It was used as wicks for oil lamps, ropes and even napkins, which were cleaned by throwing them into fire. Medical professionals of that time noted the existence of lung diseases among slaves who worked in the asbestos mines and made the link between the disease and the material.
By the early 1800s, the asbestos industry was heating up. Patents were being introduced for inventions and uses that involved asbestos and mining was going at full swing. All over the US, Canada and as far away as Africa there were mines dedicated to shipping asbestos for use in America. At almost the same time, there were doctors and researchers looking into the health issues of the miners and factory workers. They noted many lung diseases among the people who worked with asbestos and even made a report to the leaders of the asbestos industry. Despite the known problems could be prevented with the use of protective gear and ventilation measures, the protection was never ordered because it would decrease the profit margin.
Negligence and Cover Up
Rather than admit that asbestos could cause mesothelioma and other lung diseases, the industry leaders and factory owners chose to ignore the information or hide it. They did not bother to provide people with protective masks, clothing or ventilation which exponentially increased the risk of mesothelioma
. In addition, they did not tell the workers about the risk to them or their family who they went home to each night. Instead, they enlisted the help of researchers who were paid to produce reports that asbestos was safe for use and that the fibers would not be the cause of any potential illnesses. The cover up was widespread and included mine owners, factory owners, employers and insurance companies
. In the late 1970s the US government was forced to recognize asbestos as the only known cause for mesothelioma and the other asbestos related diseases that had begun taking lives. It was then that the foundation was laid for the legal process that gives you the right to sue based on your mesothelioma diagnosis. |
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Legal Rights
Companies knowingly exposed their employees to the potential risk of mesothelioma which enables you, the victim, to sue them. You can file claims against employers, asbestos manufacturers, asbestos mines, and insurers, basically anyone who was involved in the production or distribution of asbestos. You can sue for medical costs, pain and suffering, emotional trauma, loss of quality of life, and survivors of the deceased from mesothelioma can file suits based on the confirmed post mortem diagnosis.
You have to make sure you file as soon as possible so that you fall within the statute of limitations for mesothelioma lawsuits. In most states, the range is 12-24 months from diagnosis (or death) which means you have a very limited amount of time. Compiling the records and information takes time so you want to have everything started as early as you can. Many mesothelioma lawyers do not accept any fees until they have won a settlement or verdict for you. They believe, just as you should, that you have a right to the money and what little comfort it brings at this most trying time in your life. |
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