Monday, July 18, 2011

Mesothelioma Lawsuits Representing Clients That File Compensation Claims

By Beth Pracetin


Mesothelioma is considered a complex form of cancer that grows in human body tissue in the lungs, heart and abdomen. A substantial body of case law has been accumulated in the USA and other countries by parties litigated mesothelioma lawsuits. Three major forms of the cancer are commonly distinguished namely pleural, pericardial and peritoneal. They all have a common cause.

No causal connection has been found between tobacco smoking and mesothelioma. Pleural-meso is the most common form of the cancer. Pleural-meso attacks the lungs, peritoneal-meso attacks the abdominal cavity, pericardial-meso attacks the heart and, finally, pericardium-meso attacks the tunica vaginalis being the sac that surrounds the testes. All four forms of the cancer are caused by accumulation of asbestos fibers in the body over many years. Some claims have been made that even regularly washing the work clothes of family members covered with asbestos dust has caused onset of the disease. Asbestos fibers enter the body either through the mouth or nose.

Asbestos is a naturally occurring mineral. In its natural state, it looks similar to a rock. In this raw form, it is not harmful. However, it becomes a potentially hazardous once it is processed. For several decades during the 1900s, it was considered a wonder material and was used to manufacture many building and construction materials, particularly fire insulation products as well as water pipes.

Building products containing asbestos were installed in a many private houses and public buildings including offices, factories, warehouses, hospitals, schools and so on. Over the decades, millions of people around the world exposed themselves, often unwittingly, to prolonged exposure to asbestos. Many of those people eventually developed some form of the disease. Many of those sufferers may have a valid legal claim against firms responsible for producing or using asbestos products.

Treatment can take several forms, all very costly. Attempts to control the spread of the cancer within a body and preserve the life of a sufferer can include chemotherapy, radiation therapy, angiogenesis, gene therapy, immunotherapy and, in extreme cases, surgery.

It can take a very long time for asbestos-related cancers to emerge in a human body, as many of 30 or 50 years. This of course greatly complicates diagnosis and the attribution of cause. Meantime, sufferers can experience an extended period of diminished capacity including the loss of gainful employment, adding to the monetary loss suffered.

Given the significant economic costs borne by sufferers of these cancers, and hence the heightened importance of compensation, sufferers are wise to secure legal advice. It is not uncommon for individual lawyers to dedicate their practice on dealing with personal injury compensation claims like those by mesothelioma sufferers. These legal specialists are deeply experienced and knowledgeable in this field of the law.

These specialist lawyers are the very experienced and knowledgeable of the legal intricacies of compensation claims. They have built-up extensive case experience and can provide very precise attention to detail. For example, laws involving compensation for sufferers of this disease in the USA can vary from state to state and from country to country. A Mesothelioma Lawyer can advise sufferers whether they can or should file a claim in alternative jurisdictions and, if so, which is likely to be the most advantageous.

In summary, compensation for sufferers via asbestos funds or mesothelioma lawsuits is an important but difficult legal issue. Many lawyers working in this field are accredited personal injury specialists with deep knowledge and experience. They are often prepared to structure their fees on a success basis. If the litigation fails, the lawyers receive zero or minimal fees. On the other hand, if the litigation succeeds, their fees are usually a high percentage of the compensation granted.




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