What is Mesothelioma?

Mesothelioma is a rare and deadly form of cancer that can affect several vital organs, including the lungs, the stomach and abdominal area, and, rarely, the heart. It's extremely difficult to diagnose, and people who have been diagnosed usually die within six months of finding out that they have the disease. It strikes approximately 3,000 Americans every year--most frequently men between the ages of 50 and 70. Unlike many forms of cancer, it's highly preventable.

What Causes Mesothelioma?

The only known cause of mesothelioma in the United States is through exposure to asbestos, a fibrous mineral once used as insulation in the construction and ship-building industries, the automotive industry, and other manufacturing industries. The cancer occurs most often in people who are exposed to asbestos fibers at work. The fibers can be carried on clothing and later released into the air, where they can stay suspended for hours, making them dangerous not only to the person exposed to asbestos, but to their families too.

Who is At-Risk for Developing Mesothelioma?

People who have a history of extended exposure to asbestos are at the highest risk of developing mesothelioma, but even a small exposure to asbestos fibers can result in the disease.

Why is Mesothelioma so Hard to Diagnose?

Mesothelioma can take several decades to develop. Because of this, the onset of symptoms is often delayed for many years after the initial exposure that caused the cancer. As a result, people who were exposed to asbestos 30 or 40 years ago are just now being diagnosed with the disease.

The cancer is rare, and its symptoms are often mistaken for more common and less serious diseases. The most common form of mesothelioma, pleural mesothelioma, affects the lining of the chest cavity that protects the lungs. Pleural mesothelioma can cause fluid to build up in the lining around the lungs, causing breathing difficulties, shortness of breath, persistent coughing, and difficulty swallowing. These symptoms are similar to what pneumonia sufferers experience, and so an early stage of pleural mesothelioma can easily be misdiagnosed as pneumonia. Delays in making an accurate diagnosis, coupled with the long latency period between the asbestos exposure and the onset of symptoms, often means that the cancer is not diagnosed until its latter stages, when little can be done for the sufferer.

Why are Mesothelioma Sufferers Entitled to Compensation?

Unfortunately, employers and companies knew for decades that working with asbestos on a regular basis was dangerous, but they said nothing and allowed their employees to work with asbestos without protection, putting them at risk for mesothelioma. Because of the long latency period of the cancer, these employees were unaware that they had the disease until now, 30 or 40 years after their exposure, when the symptoms of the disease have started to manifest, and they learn, too late, that they have a deadly cancer that was caused by asbestos many years ago.

As a result, mesothelioma sufferers can file for compensation to help defray the costs of their medical treatment, to compensate them for their pain, suffering, and mental anguish, and to secure their families - financial future after they are gone. Juries have awarded mesothelioma sufferers billions of dollars in damages. Many companies have set aside funds to compensate people who have been injured by their asbestos products.

Who Can File a Mesothelioma Lawsuit?

Anyone who has developed mesothelioma through exposure to asbestos can file a mesothelioma lawsuit. A family member can file suit if the mesothelioma sufferer has passed away, as can the executor of the patient's estate. A family member who has developed the disease through close contact with the person who was exposed to asbestos can also file a mesothelioma lawsuit.

How Do I File a Mesothelioma Claim?

If you want to file a lawsuit, you should find a mesothelioma lawyer as soon as possible after being diagnosed with mesothelioma. This is very important because each state has a time limit, called a statute of limitations, restricting how long you have to file your mesothelioma claim. The time limit varies from state to state, but it's usually one to two years from diagnosis. Although missing the time limit doesn't necessarily mean that you won't be able to pursue your claim, it will limit your chances of success.

You should look for a lawyer who is experienced in dealing with mesothelioma lawsuits. You'll want someone with proven experience in the field, someone who will have the resources and contacts to deal with your case quickly and efficiently. Most reputable lawyers will be able to provide you with information on previous cases such as how many mesothelioma lawsuits they've handled, how quickly the cases were resolved, and how much compensation was obtained.

Once you find a lawyer, you should make an appointment to discuss your options. You'll need to provide details about where and when you were exposed to asbestos so that your lawyer can identify the appropriate employer or company to name in your lawsuit. If you're not sure where and when your exposure occurred, your lawyer will hire a private investigator, at the law firm's expense, to find out. Most mesothelioma lawyers work on a contingency basis, that is, for a percentage of the amount of the compensation claimed, so you won't have to pay legal fees unless you get compensation.

After gathering all the details, your lawyer will try to settle your case out of court. Not having to go to trial saves time and legal costs. Many lawyers are able to get substantial out-of-court payouts for their clients. Past payouts have ranged from thousands of dollars to hundreds of millions, depending on a number of factors, including the type and severity of the mesothelioma involved. Although there is no guarantee that your claim will be successful, you have nothing to lose by filing a mesothelioma lawsuit: you'll be no worse off if no compensation is paid, and you may be able to secure your family's financial future if your claim is successful.

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Web Links

- American Cancer Society and the National Cancer Institute websites offer more information about mesothelioma, including diagnostic procedures and treatment options.
- Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) websites have more information regarding asbestos and asbestos regulation.