Mesothelioma is a type of cancer that affects the lining of the lungs, chest, abdomen, and heart. It is caused by exposure to asbestos, a naturally occurring mineral that was commonly used in construction materials, such as insulation, roofing, and flooring, until the late 20th century when it was discovered to be highly carcinogenic. Mesothelioma has a long latency period, with symptoms often not appearing until 20-50 years after exposure to asbestos.
The uproar about mesothelioma stems from several factors. Firstly, the disease is highly aggressive and has a very low survival rate, with most patients dying within a year of diagnosis. Secondly, mesothelioma is entirely preventable, as it is caused solely by exposure to asbestos. However, despite the known risks associated with asbestos, many companies continued to use it in their products well into the 1970s and 1980s, even after it was discovered to be highly carcinogenic. This has led to a significant number of mesothelioma cases, with estimates suggesting that around 3,000 people are diagnosed with the disease each year in the United States alone.
The legal implications of having mesothelioma are complex and depend on several factors, such as how the person was exposed to asbestos, who is responsible for the exposure, and whether they have already received compensation for their illness. In general, there are three main ways that someone with mesothelioma can seek legal recourse:
- Workers’ Compensation: If the person was exposed to asbestos while on the job, they may be eligible for workers’ compensation benefits. These benefits can help cover medical expenses, lost wages, and other costs associated with the illness. However, workers’ compensation benefits are generally limited, and the person may not be able to sue their employer for additional damages.
- Asbestos Trust Funds: Many companies that used asbestos have filed for bankruptcy, and as part of the bankruptcy proceedings, they have established trust funds to compensate people who were harmed by their products. These trust funds can provide significant compensation to mesothelioma patients and their families, but the process of filing a claim can be complicated and time-consuming.
- Lawsuits: If the person was exposed to asbestos outside of work or if their employer is not liable for their exposure, they may be able to file a lawsuit against the companies responsible for the asbestos exposure. These lawsuits can result in substantial settlements or verdicts, but they can also be costly and time-consuming, and there is no guarantee of success.
It’s worth noting that the legal landscape surrounding mesothelioma cases is complex and constantly evolving. As new research emerges and more people are diagnosed with the disease, laws and regulations may change to better protect those who have been exposed to asbestos. Additionally, different states and countries may have different laws and regulations governing mesothelioma cases, so it’s important to consult with an experienced mesothelioma attorney to understand your options.
In conclusion, mesothelioma is a devastating disease that has caused significant harm to thousands of people around the world. While the legal implications of having mesothelioma are complex and depend on several factors, there are several options available to seek compensation for the harm caused by asbestos exposure. Ultimately, it’s important to consult with an experienced attorney to understand your legal rights and options if you or a loved one has been diagnosed with mesothelioma.
