Mesothelioma is an incurable cancer caused by asbestos exposure. Although it is primarily an occupational disease suffered by people who work (or worked) in industrial jobs, anyone can develop the illness. Most mesothelioma cases aren’t diagnosed until the disease is in its late stages, leaving victims with few treatment options.
You could be entitled to compensation if you or a loved one is living with mesothelioma. At the Law Offices of William F. Underwood, III, P.C., we can identify your legal options after hearing about how, where, and when you were exposed to asbestos. Contact a Georgia mesothelioma lawyer from our firm for a free consultation.
Understanding Mesothelioma
Asbestos exposure is the primary known cause of mesothelioma. Asbestos is a naturally occurring mineral used by numerous industries due to its heat- and fire-resistant properties. Over time, scientists learned that microscopic asbestos fibers can become lodged in the lungs, heart, or abdomen after inhaling or ingesting, causing internal damage that leads to mesothelioma.
There are four main types of mesotheliomas:
- Pleural mesothelioma – affects the lining of the chest and lungs (pleura)
- Peritoneal mesothelioma – occurs in the lining of the abdomen (peritoneum)
- Pericardial mesothelioma – begins in the tissues around the heart (pericardium)
- Testicular mesothelioma – impacts the lining of the testes
Mesothelioma is a life-altering condition, bringing physical and emotional strain and financial burdens due to high treatment costs. Even worse, symptoms often take decades to manifest, making early detection difficult.
Causes of Mesothelioma
Around 80 percent of all mesothelioma cases are due to asbestos exposure. While asbestos use has declined significantly since the late 20th century, its impact on public health continues today due to the long latency period between an individual’s exposure to asbestos and their mesothelioma diagnosis. It can take up to 60 years for symptoms of mesothelioma to manifest, and by that time, the cancer is often in late stages.
Asbestos use was historically prevalent in Georgia’s manufacturing, power generation, shipbuilding, and construction industries. Numerous old buildings across the state have been sites of notable asbestos exposure. Additionally, there are plenty of naturally-occurring asbestos deposits in Georgia, the first state to begin commercial asbestos mining in the 1890s.
Products containing insulation, tiles, brakes, and even some household goods have been reportedly tainted with asbestos, making exposure risk at work and at home. In addition, family members of people who worked with asbestos can develop mesothelioma from stray fibers brought home on an employee’s clothes or shoes. If you’ve been diagnosed with mesothelioma and have a history of known or possible asbestos exposure, the Law Offices of William F. Underwood, III, P.C., can help you explore your legal options.
Legal Rights for Mesothelioma Victims
An experienced mesothelioma attorney can review the facts of your case to determine what legal avenues are open to you. Potential sources of compensation for mesothelioma victims include:
- Asbestos trust fund claims – Some companies responsible for asbestos exposure have gone bankrupt and were required to establish trust funds to pay future asbestos claims. If the party responsible for your exposure has one, you could file a claim against their asbestos trust fund.
- Workers’ compensation – If you were exposed to asbestos on the job and later developed mesothelioma, you could file a claim for Georgia workers’ compensation benefits if you meet specific eligibility criteria. Family members could potentially receive death benefits.
- V.A. claims – If you were exposed to asbestos while in the military, you could file a claim with the Department of Veterans Affairs (V.A.). The V.A. recognizes mesothelioma as a service-connected disease, provided your asbestos exposure occurred during your time in the military.
- Personal injury lawsuits – You could file a personal injury lawsuit if you can establish a negligent party is responsible for your asbestos exposure.
- Premises liability cases – If you were exposed to asbestos on someone else’s property, you might have a premises liability case against the owner. An owner might be liable if they knew (or should have known) about the asbestos on their property and failed to warn you or take reasonable steps to prevent your exposure.
- Product liability cases – If a specific product exposed you to asbestos, you could file a legal claim against that product’s manufacturer, distributor, or seller.
- Wrongful death lawsuits – If a loved one dies due to mesothelioma caused by asbestos exposure, you could have grounds for a wrongful death lawsuit, which can compensate you for funeral costs, lost income, and more.
Verdicts and Settlements for Mesothelioma Victims
With a successful trial verdict or claim settlement, you could receive money for the following types of mesothelioma-related losses:
- Medical expenses – The costs of diagnosing and treating mesothelioma, such as expenses from hospital stays, surgeries, chemotherapy, palliative care, and any necessary future medical care
- Lost income – Lost wages or loss of earning capacity resulting from mesothelioma
- Pain and suffering – The subjective costs of the physical pain and emotional distress you endure due to your condition
- Loss of consortium – The loss of companionship, affection, comfort, and intimacy for spouses of patients affected by mesothelioma
- Funeral expenses – The costs of funeral and burial expenses
The types of compensation you could receive from your claim depends heavily on the circumstances. Consult a mesothelioma lawyer for specific details about what you could be entitled to.
How Do I File a Mesothelioma Claim?
Filing a mesothelioma claim involves several complex steps. First, it requires a thorough review of your medical and work history to determine when and how you were exposed and identify party(s) that might be liable for your condition.
The next step involves preparing and filing a legal claim, whether it’s a personal injury lawsuit, an asbestos trust fund claim, or another applicable claim. Then, you’ll need to gather and present strong evidence to demonstrate a link between your asbestos exposure and mesothelioma diagnosis. These steps must happen within specific legal time limits, which can vary significantly from case to case.
If you’re struggling with a life-altering condition like mesothelioma, the last thing you need is the stress of dealing with a complex legal matter and unraveling whether compensation is possible. The good news is you don’t have to do it alone. The Law Offices of William F. Underwood, III, P.C., can take the legal burden off your shoulders so you can focus on your health, well-being, and loved ones.
Contact an Experienced Mesothelioma Lawyer in Georgia for a Free Case Evaluation
Don’t leave your fate to chance after a mesothelioma diagnosis. Let a mesothelioma cancer lawyer at the Law Offices of William F. Underwood, III, P.C., provide the experienced and compassionate representation you need. Contact us now for your free initial case review.
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