How Can a Mesothelioma Lawyer Help Me?
Legally Reviewed and Edited by: Terry Cochran
Mesothelioma is a serious disease. Receiving the diagnosis might be a shock and bring up questions concerning how you developed this disease and whether you have options to bring legal action against anyone. However, all your focus must center on your health, available treatments, and financial affairs during this stressful time.
The majority of mesothelioma diagnoses happen because of asbestos exposure. You most likely were unaware of your exposure to this deadly group of minerals, either at the job site or at home. It’s possible your Michigan employer failed to provide warnings or install protective measures to keep you safe.
When you receive a mesothelioma diagnosis, hiring an experienced personal injury attorney can help you wade through the legal ramifications and determine if you have a claim. The experienced mesothelioma attorneys with Cochran, Kroll & Associates, P.C., know what’s involved in these types of cases and will stand up for your rights and seek the compensation you are entitled to.
What is Mesothelioma?
Mesothelioma is an aggressive form of cancer occurring in the thin tissue lining internal organs, most commonly the lungs. Other organs occasionally affected include the abdomen and heart. The common symptoms of mesothelioma include breathing and swallowing difficulties, chest pain, nerve and spinal cord pain, and fluid accumulation in the chest.
Mesothelioma is more often than not the result of asbestos exposure and, in particular, exposure to asbestos fibers. Used widely in the military, shipbuilding, automotive, construction, chemical refining, firefighting, and other similar industries, these asbestos fibers are continuously released into the air you breathe, making it easy to swallow or inhale them. As a result, these severe health complications can occur.
In Michigan, the number of shipbuilding facilities with known asbestos exposure is staggering. The potential for developing mesothelioma for workers past and present is high. If you’ve worked for this industry and now notice the symptoms or have received a recent diagnosis, contact an experienced mesothelioma attorney to learn whether you can file a lawsuit.
Anyone can be exposed to asbestos, not just workers in these particular industries. Family members and other individuals living in the same household as someone exposed to asbestos at work may be at higher risk for mesothelioma. Often, this exposure occurs over 20 years before a doctor diagnoses you with mesothelioma.
Out of all cases of diagnosed mesothelioma, approximately 75% of them are malignant pleural mesothelioma. This is understandable since asbestos fibers float through the air unseen and are unknowingly inhaled into the lungs.
What is a Mesothelioma Lawyer?
A mesothelioma lawyer specializes in cases that involve asbestos exposure victims and seek justifiable compensation through settlements or by going to trial. Their clients include mesothelioma sufferers as well as the families of these victims. If required, a mesothelioma lawyer can also file mesothelioma-related wrongful death lawsuits.
The best mesothelioma attorney to represent you is one with high-level knowledge of personal injury law combined with a medical background. Eileen Kroll, a senior partner with the Cochran, Kroll & Associates, P.C., law firm, has over ten years of experience as a registered nurse. She brings all her medical knowledge into every mesothelioma case, along with the legal strategies required to win your case.
How Can a Mesothelioma Lawyer Help?
To assist you in determining whether you need a mesothelioma lawyer, it helps to know what one can do for you and your potential lawsuit. Besides already being familiar with asbestos laws, expect the following legal steps in your personal injury lawsuit.
Build Your Case
Your mesothelioma lawyer will begin building your case immediately. If you’ve hired an attorney with mesothelioma claim experience, they already know what to look for and how to proceed. The many actions performed during this phase include:
- Determine where and when your asbestos exposure occurred. Many mesothelioma cases aren’t litigated until years after exposure, so thorough investigations may be necessary to pinpoint your exposure.
- Identify all the asbestos products you were exposed to and for how long. Asbestos has been used in thousands of products between the 1920s and 1980s.
- Identify the manufacturer of those asbestos products. Mesothelioma attorneys can access proprietary databases identifying thousands of asbestos companies and products to determine which company or companies will be involved in your lawsuit. You may also be eligible to receive compensation from more than just one asbestos product-producing company.
- Consult with key expert witnesses.
- Compile medical records, work records, and any other documentation needed to prove your case.
Your attorney considers all past and future medical expenses, lost wages, loss in earning capacity, and various other damages sustained due to your mesothelioma. These calculated damages will be included in your claim and can help you cover the costs of your care while also supporting your family.
File Your Mesothelioma Claim
Your attorney must decide how and where to file a claim on your behalf for the asbestos-related illness. In many mesothelioma cases, a claim is filed against what is known as an Asbestos Trust Fund. Certain manufacturers of these asbestos-containing products chose to file bankruptcy to avoid numerous individual lawsuits, creating the filing of asbestos trust fund claims.
Expect your attorney to review and negotiate for the highest settlement amount possible in your case.
Represent You at Trial
While your lawyer will make every effort to reach an acceptable settlement without going to court, that isn’t always possible. If you cannot reach an agreement about a payment, your attorney will represent you in litigation before the courts.
Asbestos-related claims in Michigan are subject to the discovery rule. This means the statute of limitations on these cases begins when the mesothelioma diagnosis is made or when the condition should have been recognized, not when the exposure occurred.
You can count on your mesothelioma lawyer to guide you through each step, assure you meet all legal deadlines, and fight for the highest amount of compensation available.
What to Look for When Hiring a Mesothelioma Lawyer
Hiring mesothelioma asbestos lawyers doesn’t have to be difficult if you follow these tips. Here is what victims of asbestos exposure should look for to increase the chances of a favorable outcome.
- Experience working with mesothelioma cases. It also helps if the attorney or law firm has considerable experience in personal injury law, product liability, and workers’ compensation.
- Familiarity with the companies that manufacture asbestos now and in the past, including access to proprietary databases.
- Previous success with representing mesothelioma asbestos lawsuits similar to yours.
- Employs sufficient legal staff for supporting complicated cases.
- Offers a free initial case review and evaluation.
- Works on a contingency fee basis, meaning payment is only required if they win your case.
Knowing your attorney is already experienced in mesothelioma asbestos cases can provide you with a higher level of confidence and allow you to focus on your health and wellbeing.
Contact Your Michigan Mesothelioma Law Firm Today
Receiving a diagnosis of mesothelioma cancer can be devastating to you and your family. It’s times like these that you deserve dedicated and experienced legal representation to fight for your rights and get you the compensation and justice you deserve.
The compassionate and skilled attorneys with Cochran, Kroll & Associates, P.C., will discuss your legal options and build a successful mesothelioma case on your behalf. Contact our law office at 866-MICH-LAW to schedule a free initial consultation and get your case started.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.