



A rare type of cancer that affects the lungs is called mesothelioma, the reason behind this disease is asbestos exposure. Asbestos is a silicate mineral which is used in various industries such as the construction industry, tyre industry and some others. This illness is commonly found in the workers who are related to the mentioned industries. Asbestos exposure is extremely fatal and this is so well known that there are many laws regarding the diseases caused by its exposure. With time mesothelioma has become a billion dollar industry as the governments have devised laws and regulations for the victims to claim compensation from their employers whose negligence caused this disease.
This disease is a silent killer as it shows its symptoms after decades of the substance exposure thus making the victim so helpless that he only has less than a year survival time. The treatment for this lung cancer is an expensive one with low survival rates, consequently the victim once diagnosed with mesothelioma has less time to think and has to take action immediately.
As the name suggests mesothelioma, derives its name from the word mesothelium, which is the membrane lining that guards the internal vital organs like heart, lungs, liver and stomach and holds them in place against the chest walls. This membrane is very important to the body and a damage to this lining can result in life threatening diseases and is considered critical. In mesothelioma this lining is damaged as a result of exposure to the asbestos as it gets stuck in the lungs when inhaled with air, the air that we breathe goes to our lungs and there it gets filtered, if asbestos is present in the air that we inhale it is stuck in the lungs and doesn't come out when exhaled. If there are large amounts of asbestos in the inhaled air it will damage the lungs and afterwards the mesothelium permanently, consequently the victim will face mesothelioma.
This disease can only be slowed down with medicine but it can't be fully cured, if it is diagnosed at early stages, there are treatments that will slow down the damage and increase the life expectancy, but there isn't any permanent cure, death from this disease is inevitable, its only a matter of time. If someone is diagnosed at the start of the disease they are suggested to undergo surgical resections before the tumor spreads to other parts of the body, acting fast at this stage and getting surgical resections can slow down the spread of the tumors and prolong the life of the victim to some years.
Mesothelioma has received much publicity in recent years, due to the high number of lawsuits against companies involved with the use asbestos. Virtually all documented cases of mesothelioma stem from inhaling large amounts of asbestos material, and due to the prevalence of asbestos in many different applications, total compensation numbers have been staggering. So extensive were the number of lawsuits, the U.S. government has limited the amount of compensation one can receive, and also the conditions under which one can file a lawsuit.
Before the U.S. government passed The Fairness in Asbestos Compensation Act in 1999, one did not need to develop any signs of mesothelioma to begin litigation. One only needed to have worked in an environment where asbestos exposure occurred. Over 200,000 cases in the Federal Courts during that year alone prompted the government action. As a result, there must be a diagnosis of mesothelioma in order to file for compensation, and punitive damages are no longer awarded.
While it may seem that The Fairness in Asbestos Compensation Act was a blow to the rights of workers exposed to asbestos, in reality, it proved to be a positive for those legitimately filing to obtain compensation for mesothelioma. Because so many people were filing lawsuits where they had not actually developed mesothelioma (and therefore did not require compensation), insurance companies began to file for bankruptcy. This left those who had legitimate claims to compensation for mesothelioma without the necessary resources to fund their treatment.
The reasons why mesothelioma litigation can be difficult are twofold. First, the symptoms of this particular cancer are very non-specific, and therefore many times to not prompt those afflicted to seek medical attention as soon as they should. It can take decades to develop after the initial exposure to asbestos, but after the onset of the disease, the patient's condition can deteriorate rapidly. Second, in most states, there is a specific deadline by which you must initiate litigation involving compensation for mesothelioma that begins on the day of diagnosis.
Another aspect of mesothelioma compensation is often more difficult to face. When a relative of someone diagnosed with mesothelioma dies as a result of the cancer, a wrongful death lawsuit may be filed. Generally, the primary action that an attorney will perform to prove wrongful death will be interviewing fellow employees of the deceased, as well as supervisors and other people affiliated with the company that exposed him/her to asbestos.
Actual figures can vary wildly, depending on factors such as length and severity of exposure to asbestos, the stage of the mesothelioma, applicable state laws, and of course the goals of the person filing the lawsuit. Generally speaking, however, compensation for mesothelioma ranges between one and three million dollars, minus a contingency fee for the attorney. This fee can, of course, vary also, but usually falls between 30% and 40% of the total compensation.
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