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How are Mesothelioma Lawsuits Paid Out?

By Ken Wilson

Some of the most frequent questions we get about mesothelioma lawsuits concern how they are ultimately paid out to clients and how long it will all take. To address those questions, let me give you a little bit of context about how mesothelioma lawsuits work.

When a person is diagnosed with mesothelioma, asbestos lawyers like myself work with that client and other witnesses such as family members and co-workers to determine all of the places he/she has come into contact with asbestos. In addition to identifying the exposure locations, we also work using a variety of sources to identify all of the asbestos products used at those locations. From there, we can start to build a product liability case against all of the manufacturers of those products. The best mesothelioma lawyers can walk you through this process to make it as easy as possible.

Most mesothelioma lawsuits involve a number of defendants that share culpability for causing the client’s mesothelioma. If the litigation is successful, the client will typically receive periodic settlement checks as various defendants settle. This includes both businesses in operation today and those that set aside money in bankruptcy trusts. This entire process can take several years from beginning to end, with most clients and their families beginning to receive money shortly after the case is commenced.

Of course, it is important to note that every case is different and a good asbestos attorney will not rush through building the product liability case against the asbestos manufacturers.  A well developed, researched, and prepared case will increase the likelihood of a successful outcome.  Additionally, if a case goes to trial, the time frame for case resolution may be extended

Over the past 33 years, I have dedicated my career to helping asbestos victims with mesothelioma lawsuits throughout the United States. To me and to the others in our firm, our clients are not a number; they are people who reach out to us for help at one of the most consequential and difficult times of their lives. My advice to people diagnosed with mesothelioma is to find the best medical and legal care that you can. Ask lots of questions and, if you feel uneasy, seek a second opinion. This will help you to enjoy time spent with family and friends.

If I can ever be of assistance, feel free to contact me 1-866-594-8765 or send me an email.

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    When mesothelioma is misdiagnosed

    Mesothelioma is a serious type of cancer caused by exposure to asbestos. For those with the disease, an early diagnosis is key to having the best possible results in terms of treatment. However, mesothelioma can be hard to diagnose, especially in the beginning stages of the disease.

    A doctor should be advised anytime a patient has been exposed to asbestos, even if that exposure occurred decades ago. It can take several decades after asbestos exposure for mesothelioma to develop.

    Mesothelioma is a rare disease that is often misdiagnosed. Let’s take a look at one recent case where mesothelioma was not diagnosed even after the patient sought medical help twice.

    A case of misdiagnosis

    This year, an Australian woman came to the United States with her husband to travel along Route 66. Before the trip, she had been experiencing some health problems, including shortness of breath and chest pain.

    When still in Australia, she visited her doctor, who ordered who to go to the hospital where an ultrasound was performed. She was instructed to double her medication and go home.

    On her next visit, a day before her trip to the U.S., paramedics told her she may have pulled a muscle in her back.

    Once she go to the United States, she could barely breathe. She sought medical help and found out that her chest cavity had filled with fluid and one of her lungs had collapsed. After surgery was performed to drain the fluid, a biopsy was performed, and it was discovered that she had mesothelioma.

    The first two times she sought medical attention, doctors did not figure out that she had mesothelioma – even after she had notified them her brother had been diagnosed with mesothelioma. Since mesothelioma is caused by exposure to asbestos, it would not be surprising that both siblings had been exposed, and that that exposure would one day develop into an asbestos-related cancer.

    Avoiding misdiagnosis of mesothelioma

    When mesothelioma is diagnosed early, more treatment options may be available. For this reason and many others, an accurate and early diagnosis is crucial.

    If you have been exposed to asbestos at some point in your life – or if a family member has been diagnosed with mesothelioma – it is important to share this information with your doctor.

    It is advisable to seek a second opinion when you are not comfortable with your diagnosis or when you don’t feel like your doctor is hearing your concerns. Your health is important, and you should feel empowered to seek a second opinion if your diagnosis does not seem accurate.

    Free consultation: If you have been diagnosed with mesothelioma and wish to speak to an attorney about your legal options, please call 866-774-0795.

    Our Experienced Lawyers

    How can we help? Fill out the form for a free case review.

      Contact Us

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      When mesothelioma is misdiagnosed

      Mesothelioma is a serious type of cancer caused by exposure to asbestos. For those with the disease, an early diagnosis is key to having the best possible results in terms of treatment. However, mesothelioma can be hard to diagnose, especially in the beginning stages of the disease.

      A doctor should be advised anytime a patient has been exposed to asbestos, even if that exposure occurred decades ago. It can take several decades after asbestos exposure for mesothelioma to develop.

      Mesothelioma is a rare disease that is often misdiagnosed. Let’s take a look at one recent case where mesothelioma was not diagnosed even after the patient sought medical help twice.

      A case of misdiagnosis

      This year, an Australian woman came to the United States with her husband to travel along Route 66. Before the trip, she had been experiencing some health problems, including shortness of breath and chest pain.

      When still in Australia, she visited her doctor, who ordered who to go to the hospital where an ultrasound was performed. She was instructed to double her medication and go home.

      On her next visit, a day before her trip to the U.S., paramedics told her she may have pulled a muscle in her back.

      Once she go to the United States, she could barely breathe. She sought medical help and found out that her chest cavity had filled with fluid and one of her lungs had collapsed. After surgery was performed to drain the fluid, a biopsy was performed, and it was discovered that she had mesothelioma.

      The first two times she sought medical attention, doctors did not figure out that she had mesothelioma – even after she had notified them her brother had been diagnosed with mesothelioma. Since mesothelioma is caused by exposure to asbestos, it would not be surprising that both siblings had been exposed, and that that exposure would one day develop into an asbestos-related cancer.

      Avoiding misdiagnosis of mesothelioma

      When mesothelioma is diagnosed early, more treatment options may be available. For this reason and many others, an accurate and early diagnosis is crucial.

      If you have been exposed to asbestos at some point in your life – or if a family member has been diagnosed with mesothelioma – it is important to share this information with your doctor.

      It is advisable to seek a second opinion when you are not comfortable with your diagnosis or when you don’t feel like your doctor is hearing your concerns. Your health is important, and you should feel empowered to seek a second opinion if your diagnosis does not seem accurate.

      Free consultation: If you have been diagnosed with mesothelioma and wish to speak to an attorney about your legal options, please call 866-774-0795.

      Our Experienced Lawyers

      How can we help? Fill out the form for a free case review.

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        What treatment options are available for mesothelioma victims?

        A mesothelioma diagnosis usually comes as a shock to the victim and family members. One of the first questions patients have is regarding treatment options.

        These options may vary depending on many factors: What stage the cancer is at, whether the cancer is malignant mesothelioma, whether the cancer has spread, etc.

        According to the National Cancer Institute, standard treatment options for mesothelioma include:

        • Surgery: Surgical options vary depending on many factors
        • Radiation: Radiation therapy may be administered externally or internally
        • Chemotherapy: A treatment used to kill cancer cells or stop them from dividing
        • Targeted therapy: The use of drugs to target specific cancer cells

        Patients should discuss treatment options with their doctor. A combination of treatment therapies may be administered.

        In addition to these treatment options, patients may wish to discuss the possibility of participating in a clinical trial. Advancements are being made in the treatment of mesothelioma. Patients may have the opportunity to participate in a trial that could help others in the future.

        Mesothelioma is a rare and serious form of cancer, but many patients are living longer because of advancements in treatment.

        If you have been diagnosed with mesothelioma, you should discuss all treatment options with your doctor. To schedule a free consultation with an attorney to learn about your legal options, please call 843-410-3956.

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          SlideShare provides mesothelioma guide for families

          If you or a loved one has recently been diagnosed with mesothelioma, you probably have many questions. While focus must shift to medical care, you also need to get sound legal advice or you could lose the right to seek legal remedies.

          Piecing together a work history can answer where and when asbestos exposure occured. Is long-term, direct exposure necessary? In many cases the answer is no, short-term (a college internship in a metal plating factory) or secondhand (laundering asbestos laden clothing) may have been enough.

          Studies in the 20s and 30s were already identifying risks associated with asbestos. But many companies and manufacturers ignored the dangers. In our recent white paper, we explain why asbestos was used and which professions  carried greater risks of exposure. Monetary damages could be available to pay for treatment and ensure protections are in place for family.

          What are some of the highlights from our paper? You can find out by checking out our easy to skim SlideShare:

          To learn answers about how exposure occurred and how to seek a legal remedy, please read our full white paper.

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            Mesothelioma: Our White Paper Guide For Patients & Their Families

            Occupational exposure to asbestos from the 1940s into the 1980s is the only known cause of mesothelioma. After a diagnosis, questions of where and when exposure occurred can be difficult to answer. This is complicated by the fact that it often takes between 10 to 50 years for the disease to develop.

            A work history using Social Security records, Navy veteran resources about products used on ships or interviews with co-workers could effectively put the pieces together to complete the puzzle of the where and when. How much exposure could have been enough to cause the disease? Short-term (an internship in a metal plating factory during college) or secondhand (washing asbestos laden uniforms) may even be enough.

            What are your legal rights?

            The law holds manufacturers responsible when they produce unreasonably dangerous products. Concerns about asbestos exposure were known as early as the 20s and 30s.

            To explain the potential legal remedies, we wrote a white paper: “Putting Together the Pieces: A Guide for Mesothelioma Patients and Their Families.” In this guide, you will learn:

            • Why asbestos was so widely used
            • Which professions are associated with a higher risk of developing the disease
            • What monetary damages might be available
            • How to decide on an attorney or law firm

            When you or a loved one receives a mesothelioma diagnosis, focus must shift to medical care. At the same time, you need to take action or legal remedies could be lost. By reading our white paper, you can learn about your rights and when to seek legal guidance.

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              What To Do When The Cause Of Your Mesothelioma Diagnosis Is Unknown

              A mesothelioma diagnosis usually comes as a shock. No one expects to be diagnosed with mesothelioma. This is especially true when considering that a diagnosis typically comes decades after exposure to asbestos.

              Mesothelioma has a long latency period – 20 to 50 years, on average. Exposure to asbestos 50 years ago could result in a mesothelioma diagnosis today.

              Certain individuals are at a higher risk for developing mesothelioma. People who worked in industries where asbestos exposure occurred, for example, are more likely to develop mesothelioma than those who did not.

              But not all people diagnosed with mesothelioma were exposed to asbestos at work. In some cases, victims may have no known contact with asbestos.

              Mesothelioma Diagnosis With Unknown Exposure: Steps To Take

              If you were recently diagnosed with mesothelioma and you do not know when you were exposed, here are a few things to keep in mind:

              • Talk to an attorney: It is advisable to speak to a mesothelioma attorney as soon as possible. An experienced attorney can help you identify when you may have been exposed and help build your case. There may be potential sources of asbestos exposure in your geographic area that you are not aware of – or you may have used an asbestos-containing product in the past.
              • Do not delay: Mesothelioma cases are time sensitive. In most states, there is a statute of limitations in place that dictates how long an individual has to file a lawsuit. It is advisable to take immediate action after you or a loved one has been diagnosed.

              Don’t let the fear and uncertainty of a mesothelioma diagnosis keep you from getting the support you need. The attorneys at Richardson, Patrick, Westbrook & Brickman, LLC, can review your case and help you determine your legal options.

              Learn how we can help: Call 843-410-3956 for a free consultation. We are available to meet in your home, no matter where you live in the United States.

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              How can we help? Fill out the form for a free case review.

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