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.

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