Maryland Mesothelioma Lawyer
Mesothelioma is a rare, aggressive form of cancer primarily caused by exposure to asbestos, a group of naturally occurring minerals used in a wide variety of industrial and construction applications due to their heat and corrosion resistance. Asbestos fibers are easily inhaled, and prolonged exposure can lead to their accumulation in the lining of the lungs, heart, or abdomen, causing cellular damage and eventually leading to mesothelioma.
Legal Cases
In the legal realm, mesothelioma cases often fall under personal injury law, but they have unique aspects that make them complex. Given the long latency period of the disease – often several decades – proving the source of asbestos exposure and linking it directly to the disease becomes a significant challenge. Also, many companies known for their use of asbestos have since gone bankrupt, adding another layer of complexity to seeking compensation.
Options
There are several legal options for those diagnosed with mesothelioma. One is to file a personal injury lawsuit against the parties responsible for the asbestos exposure. The goal is to prove negligence on the part of these entities in failing to adequately warn workers about the dangers of asbestos or failing to take necessary precautions to prevent exposure. A second option is to file a wrongful death claim if a loved one has died from mesothelioma. In such cases, close family members may be able to receive compensation for medical costs, funeral expenses, loss of consortium, and the pain and suffering experienced by their loved one before their death.
Seeking Out Damages
Bankruptcy trust funds represent a third avenue for compensation. Many companies that heavily used asbestos and faced numerous lawsuits eventually declared bankruptcy. As part of their bankruptcy reorganization, many of these companies were required to establish trust funds to compensate for future asbestos-related claims.
Finally, veterans exposed to asbestos during their military service may seek benefits from the Department of Veterans Affairs. Certain occupations, particularly in the Navy and in shipyards, put service members at high risk of asbestos exposure. Asbestos-related litigation, including mesothelioma cases, is one of the longest, most expensive mass torts in U.S. history. It’s estimated that companies have spent over $30 billion in compensation for victims.
Professional Legal Assistance
Navigating the complexities of mesothelioma cases, including identifying responsible parties, proving negligence, and complying with the strict legal deadlines (statutes of limitations), requires the experience of an mesothelioma lawyer specializing in asbestos litigation. These legal professionals from a law firm like Brown Kiely, LLP can assist victims and their families in determining the best course of action, collecting necessary medical and work history evidence, and pursuing their claim in court or through settlement negotiations.
Mesothelioma legal cases present unique challenges due to the nature of the disease and its link to asbestos exposure. Multiple legal avenues exist for victims and their families to seek compensation, including personal injury lawsuits, wrongful death claims, bankruptcy trust funds, and veterans’ benefits. Given the complexities involved, securing the services of an experienced asbestos litigation attorney is crucial.