Is There a Deadline for Filing a Mesothelioma Claim?
Exposure to asbestos is the single known cause of mesothelioma, a rare, incurable cancer. If you have been diagnosed with mesothelioma, schedule a consultation at once – from anywhere in the United States – to discuss your rights with a California mesothelioma lawyer.
What Causes Mesothelioma?
Even with restrictions on asbestos, roughly 3,000 mesothelioma cases are diagnosed every year in this nation. The U.S. Labor Department estimates that more than a million people who work in construction and related fields are at risk for mesothelioma after asbestos exposure at their jobs.
What are the facts about mesothelioma and asbestos exposure? What are your legal rights if you are a mesothelioma patient? What is the deadline to file a mesothelioma claim? What will a California mesothelioma attorney do on your behalf?
If you will keep reading this brief discussion of your rights as a mesothelioma patient and your deadlines for taking legal action to recover compensation, you will find the answers you may need.
What is Asbestos?
Asbestos is a fibrous, heat-resistant, toxic mineral that was commonly used in household and industrial products through the 1970s, when researchers verified that asbestos is a serious health and safety hazard and that asbestos exposure is the single known cause of mesothelioma.
Some legal restrictions on asbestos were adopted in the 1970s, but asbestos is still used in limited types of industrial compounds and materials. Talcum powder users, mill and textile workers, firefighters, demolition workers, and drywall removers are at the highest risk for asbestos exposure and mesothelioma.
The Occupational Safety and Health Act – which protects most workers from asbestos exposure – is now more than fifty years old, so those who are age 65 and older face a greater risk for mesothelioma than people who are under age 50. Mesothelioma often remains latent for decades.
What Should You Know About Asbestos and Mesothelioma?
Mesothelioma may develop over a timespan of twenty to fifty years. It is a cancer that develops in the lining of the abdomen, lungs, chest, and heart.
Mesothelioma may emerge after a person inhales asbestos fibers, particles, or dust. If asbestos exposure happened because an employer or another party was negligent, a mesothelioma patient is entitled to justice – and to compensation from that negligent party – in all fifty states.
Speaking frankly, the prognosis for mesothelioma patients is not good, but many have improved their prognosis with prompt treatment and a commitment to a healthy lifestyle. Much depends on the type of mesothelioma, its progress, and the patient’s age and current medical condition.
Since the 1970s, researchers have developed increasingly effective mesothelioma treatments that improve the average patient’s long-term prognosis. By identifying specific biomarkers, for example, blood tests now allow for the early detection of mesothelioma.
What Are a Mesothelioma Patient’s Rights?
Depending on what state you live in and how you were exposed to asbestos, you may be qualified to receive benefits. In other cases, you may be eligible to file an injury claim against the person or persons who were responsible for your asbestos exposure.
Your California mesothelioma lawyer can help you trace where and when your asbestos exposure occurred. If a negligent party is identified, your lawyer can hold that person or persons liable, and you could be compensated for medical expenses, lost wages, pain, suffering, and related damages.
How much time do you have to take legal action? The deadline (or statute of limitations) for filing a claim based on mesothelioma is either two, three, or four years in many states, but it’s only a year in California, Kentucky and Louisiana and six years in Maine and North Carolina.
When Does the Statute of Limitations Period Start?
If your exposure to asbestos was three or four decades ago, you may still qualify to bring a personal injury claim. In most states, the statute of limitations “clock” starts on your case when your injury or disease is discovered, diagnosed, or “should have been” discovered or diagnosed.
From anywhere in the U.S., you can speak with a California mesothelioma attorney who will explain your state’s rules and deadlines for filing a mesothelioma claim and recovering the compensation you need.
How Will Your Mesothelioma Case Be Handled?
In every state, most personal injury cases are resolved out-of-court when attorneys for both sides meet privately to negotiate a settlement. But if the liability for your injury or illness is disputed, or if no reasonable settlement offer is forthcoming, your lawyer will take your claim to trial.
At a personal injury trial for a mesothelioma claim, your attorney will explain to a jury how you were exposed to asbestos, how your mesothelioma was detected, how your health has declined, and why the jurors should find in your favor and order the payment of your compensation.
In some parts of the nation, if you’re a mesothelioma patient, finding a lawyer who has a record of successfully representing mesothelioma victims may be a challenge. Call a California injury attorney who can represent you and provide the personalized legal advice you need.
How Much Does Justice Cost?
If you’re being treated for mesothelioma, that treatment is costly, but you don’t have to let your financial concerns keep you from pursuing justice and taking the right legal action. Personal injury attorneys handle mesothelioma cases on a contingent fee basis.
You will pay no attorney’s fee upfront and no attorney’s fee until and unless you are compensated. If you don’t recover compensation at the end of the legal process, you’ll owe no fee to an attorney.
What Else Should You Know About Mesothelioma and Your Rights?
For mesothelioma patients and their families, a preliminary case evaluation is offered without any cost or obligation. It’s your opportunity to learn how your own state’s laws apply and to obtain personalized legal guidance and advice.
Some mesothelioma victims may receive compensation to cover years of treatment, lost income, and related damages and losses. Final compensation amounts depend on factors such as a patient’s age, stage of cancer, medical expenses, loss of income, and number of dependents.
If you’ve received a mesothelioma diagnosis, contact a California injury attorney promptly about a free case evaluation. If you and your lawyer can prove your mesothelioma claim, the negligent party will be held accountable, you will be compensated, and the law will be on your side. The attorneys at Frost Law Firm are licensed to practice law in the following states: California, Washington, Oregon, Hawaii, Kentucky, Indiana, Georgia, Texas, Illinois, Wisconsin, North Carolina, and the District of Columbia and handle mesothelioma claims from all states in the United States.