Mesothelioma is a rare and lethal form of cancer caused by asbestos exposure, which is a heat-resistant fibrous silicate mineral that was widely used for fabrics, fire-resistant and insulating materials, and brake linings back in the 1960’s. It is categorized as a human carcinogen.
There are many factors that go into mesothelioma cases. There is the litigation and compensation portion, and then there is the raw, human experience that comes with it. In every diagnosis of mesothelioma, the victims of and their loved ones often make mistakes in carrying out important decisions.
- Some fail to properly execute a will or make the necessary changes. Mesothelioma tends to occur later in life long after exposure, so the victims tend to be older. Problems also arise for example, when the victim merely appoints a family member or wife as the executor of the will who subsequently cuts out stepchildren or other family members from the inheritance.
- Those undergoing cancer treatments fail to research and seek out the best treatments for their specific situations. According to the CDC, the states indicated with the highest incidence of mesothelioma include Maine, Massachusetts, Connecticut, Maryland, New Jersey, Pennsylvania, Ohio, West Virginia, Virginia, Michigan, Illinois, Minnesota, Louisiana, Washington, and Oregon. There are certain hospitals and specialists that should be sought out if geographically possible.
- The diagnosed victim fails to assign a power of attorney or advanced directive in case they become incapacitated to make their own health and life decisions.
- They fail to address the emotional aspects of the diagnosis with their family and loved ones and get caught up with purely legal matters.
- They seek out the wrong compensation types or lawyers and do not get the maximum amount they are entitled to.
- They fail to sue a defendant. Asbestos litigation typically involves multiple defendants- the employer, manufacturing company, or even government defendants. It is important to include as many defendants as you can in a lawsuit.
Types of Compensation
Damages vary to each specific situation when it comes to injury and asbestos-related illnesses. Claimants typically sue for:
- Punitive damages
- Compensatory damages
- Emotional distress damages
- VA compensation– This is limited to veterans and benefits can range from dependency and indemnity compensation, disability, and special monthly compensation.
- Lost wages- This will also vary greatly depending of the age of the victim at the time of litigation. Those who are older are already retired for example, will have a more difficult claim that they have lost opportunities to work as opposed to a younger person.
Get Legal Help for Your Asbestos-Related Illnesses
Injuries caused by defective products or asbestos imposes substantial hardship on the victims as well as their loved ones. Effective asbestos attorneys should spend as much time telling their client’s stories as they do litigating. Harrell & Nowak zealously represents people who have suffered the crippling disease of mesothelioma. We have recovered millions of dollars in settlements and verdicts on behalf of clients, and a success rate of 90% in our litigation. If you have or a loved one has been injured contact our New Orleans mesothelioma law firm today for a free, confidential consultation.