Diagnosed with Mesothelioma? Understand Your Legal Rights
Today, many kinds of cancer are more like diabetes. They’re serious, but with proper treatment, usually manageable. Mesothelioma, a rare kind of heat-lung cancer, is different. Although many people live much longer, the average mesothelioma five-year survival rate is about 10 percent.
!
If you believe that you were exposed to asbestos, even as a child, speak to a healthcare provider about tests and screening to help diagnose lung-scarring and screen for asbestos-related diseases.
Understanding what mesothelioma is and where it comes from.
Mesothelioma is almost exclusively caused by asbestos exposure.
Mesothelioma is the most common asbestos exposure-related illness. It is certainly not the only one, but by far the most widely known, and asbestos fibers are responsible for the bulk of mesothelioma cases.
Smokers exposed to asbestos are up to 50 times more likely to develop lung cancer than nonsmokers who aren’t exposed.1 |
These highly toxic asbestos fibers cause tumors elsewhere as well. Frequently, these tumors grow for over fifty years before these victims have any idea they are sick. A late-in-life cancer diagnosis is not only medically devastating. It’s emotionally devastating as well, for victims, friends, and loved ones.
“Generally, those who develop asbestos-related diseases show no signs of illness for a long time after exposure.”Source: National Cancer Institute (NIH)2 |
The latency of asbestos: asbestos-related diseases can take decades to appear.
Mesothelioma and other illnesses might take decades to develop, but exposure victims don’t have nearly as much time to exercise their legal rights. Most states have a two-year statute of limitations. Once the clock runs out, your legal rights expire. Two years sounds like a long time, but since these cases are so complex, the months go by quickly. So, unless you act quickly, an Austin mesothelioma lawyer may be forced to throw your case together at the last minute. These claims almost never end in fair compensation for victims.
People who worked in these industries prior the mid-1980s have a higher risk of developing asbestos-related diseases:
| Construction | Factories | Foundries | Refineries | Shipyards | Mining / Milling |
| Demolition | Insulation | Steelworkers | Pipe Fitting | Shipbuilding | Mechanics |
 |  |  | |||
| Roofing | Textiles | Iron workers | Boilers | Firefighting | Brake Repair |
| Flooring | Cement | Electricians | Gasket Repair | Railroad | HVAC |
Unfortunately so do their families.
Mesothelioma: A Closer Look
Your doctor will give you most of the details about your medical condition. However, the more information you have, the better. So, we’ll try to supplement the medical information.
When many victims hear “lung cancer,” they immediately think of NSCLC. Non-small cell lung cancer is, by far, the most common kind of lung cancer. It’s also one of the most treatable kinds of cancer. Therefore, when the doctor delivers a terminal diagnosis, they simply don’t believe it.
“All forms of asbestos are carcinogenic to humans.” 3
Asbestos compensation is connected to the level of health damage from asbestos exposure.
NSCLC tumors and mesothelioma tumors are much different. These differences directly affect treatment options, as follows:
Radiation: Improved radiation therapy is one of the leading reasons cancer survival rates are so much better today. Today’s machines deliver stronger and better-targeted doses. But mesothelioma tumors are between the heart and lung. Any measurable radiation causes too much collateral damage.
Chemotherapy: NSCLC patients are often relatively strong, usually because doctors detect their tumors early. Mesothelioma patients are usually weak because doctors see their tumors so late. In their weakened physical state, they cannot tolerate strong chemotherapy drugs.
Surgery: Since radiation and chemotherapy fail, the tumor is generally too large for surgical removal. Additionally, mesothelioma is much more aggressive than NSCLC. Cancer spreads so quickly that risky surgery to remove the mesothelioma tumor, even if successful, doesn’t do much good.
“Some asbestos fibers may bypass…your body’s natural defenses…and lodge deep within your lungs. Those fibers can remain in place for a very long time and may never be removed.”Source: American Lung Association |
Smoking often contributes to NSCLC. Frequently, smoking also contributes to mesothelioma. Legally, there’s a big difference between a primary cause and a contributing cause.
Bad weather-related car wrecks are a good example. Media reports often state that slick roads “caused” a crash. A reporter isn’t an Austin mesothelioma lawyer. Slick roads may contribute to crashes, but more often than not, driver negligence causes them.
In the same way, cigarette smokers are usually entitled to full compensation in mesothelioma cases. Tobacco smoke contributed to the cancer, but breathing asbestos fibers also caused it.
| Even lifelong smokers can collect compensation for asbestos damage. | |
 | Many of our clients believed they weren’t eligible to file an asbestos lawsuit because they were cigarette and cigar smokers. This isn’t true under the laws of many states. Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos. |
| Even lifelong smokers can collect compensation for asbestos damage. |
|
| Many of our clients believed they weren’t eligible to file an asbestos lawsuit because hey were cigarette and cigar smokers. This isn’t true under the laws of many states. Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos. |
Finding the Right Lawyer
After the diagnosis sinks in and families obtain more information, they must quickly reach out to an Austin mesothelioma lawyer, as mentioned above. Many injury claims, like car crash claims, are often rather straightforward. A negligent driver caused the wreck, so that negligent driver is legally responsible for damages.
Sharing a home or vehicle with someone wearing asbestos-tainted clothing puts you at risk of asbestos-related diseases. 4
Mesothelioma cases are different. As outlined below, multiple parties could be legally responsible for the injury. Additionally, since the exposure usually happened decades earlier, evidence is often hard to collect in these cases.
Because of these two problems, experience and resources are usually the two most important qualities to look for in an Austin mesothelioma lawyer.
Do You Qualify For Compensation?
Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.
FREE SEARCH >The importance of finding the right asbestos attorney
Only an experienced lawyer knows how to properly evaluate your case and sort through the available legal options. Part of this process is determining whether the asbestos exposure was primary or secondary. The type of exposure often sets the case on a certain track. More on that below.
Additionally, experienced asbestos exposure lawyers spot small details that inexperienced may miss, but that make a big difference in the amount of compensation the victim receives.
Resources are almost as important. Attorneys must dig deep to find the evidence needed to prove liability in these cases. Since so much money is at stake, defendants do not roll over easily in these cases. Instead, they bitterly contest liability, damages, and other issues. Attorneys must be well-prepared to deal with these challenges.
Over $30 Billion is still available (No lawsuit. No fees unless you receive money. No risk.) Stake your claim.  |
Your Legal Options
Primary (work or service-related exposure) victims may usually pursue workers’ compensation or VA disability claims. These no-fault claims are often easy to prove, but limited compensation is usually available.
| Even lifelong smokers can collect compensation for asbestos damage. | |
| Many of our clients believed they weren’t eligible to file an asbestos lawsuit because they were cigarette and cigar smokers. This isn’t true under the laws of many states. Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos. |
| Even lifelong smokers can collect compensation for asbestos damage. |
|
| Many of our clients believed they weren’t eligible to file an asbestos lawsuit because hey were cigarette and cigar smokers. This isn’t true under the laws of many states. Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos. |
Secondary (environmental) exposure victims usually seek compensation from negligent property owners or asbestos manufacturers. Substantial compensation is available in these claims, but they are quite complex.
Families of asbestos workers were often exposed to asbestos on work clothes and have an elevated risk of developing asbestos-related disease.
1 in 5
In studies of asbestos disease, 1 in 5 cases of asbestos exposure were caused by secondary asbestos exposure.5
Asbestos is very dusty. It is also microscopic, and its tiny sharp fibers stick to almost anything.
Many industrial workers brought home asbestos on their work clothing, exposing anyone washing or coming into contact with them by sharing a garage, washroom, home or vehicle.
Asbestos fibers have no taste or smell, and can be microscopic, so you may not realize you were breathing them.
In fact a toxicology study found that laundering clothing with asbestos dust can expose a person to almost half the dust as a worker that cuts an asbestos pipe with an abrasive saw.6
People who experience secondary (or second-hand) asbestos exposure (also known as household / domestic / family asbestos exposure) can develop symptoms of asbestos-related disease at a higher rate than people who were never exposed.
What are asbestos trusts? (Asbestos injury compensation… without a lawsuit.)
Victim Compensation Fund claims are a mixture of the two. Primary and secondary exposure victims may file such claims, so eligibility is easy to determine. Furthermore, a bare-bones case is enough to obtain substantial compensation in an asbestos bankruptcy claim. Finally, these funds, many of which were established in the 1980s, contain billions of dollars.
Asbestos has no taste or smell.
You may not know you’re breathing it.
No money up front, no costs unless you receive compensation for your injuries. No risk.
A lawyer takes care of the paperwork. At Asbestos Claims Law, we use an advanced WARD (worldwide asbestos research database) to prepare such claims. This database gives us easy access to critical information other lawyers often miss. And, as mentioned above, small details make a big difference in an asbestos exposure case.
Attorneys also negotiate with notoriously stingy fund administrators. Instead of upfront fees, we take a small percentage of any payment the Fund Administrator authorizes. So, just like you, we have a strong financial interest in the case that motivates us to work extra hard.
AsbestosClaims.Law
At AsbestosClaims.Law, our mission to secure compensation for asbestos victims is more than professional; it’s personal.
Our founder, Justinian C. Lane, understands the devastating impacts of asbestos firsthand.
Both his grandparents and father, all asbestos workers, passed away from asbestos-induced cancers without realizing their eligibility for asbestos lawsuits or other forms of compensation.
We aim to prevent such tragic oversights by informing and guiding victims and their families through their legal options.
If you or your loved ones have suffered as a result of asbestos exposure, you could be eligible for considerable compensation. These funds could provide for medical treatments, asbestos removal services, and safeguard your health.
In addition, asbestos trusts offer compensation without the need for a lawsuit, providing a quicker, simpler path to justice.
Reach out to us at [email protected] or (206) 455-9190 for assistance with your claim. We offer compassionate listening, clear explanations, and we don’t charge a dime unless we win your case.
Beyond legal claims, we also advise on veterans’ disability, social security, and employment protection like workers’ compensation, FELA, and The Jones Act for maritime workers.
There’s no risk or cost to connect with our experienced team about your rights. Our commitment to your well-being means no fees unless you receive compensation.
| For further queries or concerns about asbestos, explore our website and YouTube page, featuring infographics, videos, and answers to common questions on asbestos-related topics. |
We’ve also introduced W.A.R.D., the Worldwide Asbestos Research Database. It’s the most comprehensive resource for asbestos-related information.
W.A.R.D. assists in pinpointing potential exposure scenarios, asbestos-containing products, and can indicate the types and potential amounts of compensation you may be entitled to receive.
Don’t delay — get in touch with us today!
1 Klebe, S., Leigh, J., Henderson, D.W. and Nurminen, M., 2020. Asbestos, smoking and lung cancer: an update. International journal of environmental research and public health, 17(1), p.258.
2 National Cancer Institute (NIH), Asbestos Fact Sheet.
3 IARC Working Group on the Evaluation of Carcinogenic Risks to Humans. Arsenic, metals, fibres, and dusts. IARC Monographs on the Evaluation of Carcinogenic Risks to Humans. 2012 ;100(Pt C):11-465. PMID: 23189751.
4 Anua, S.M., Semple, S., Shakri, S.F.M., Safuan, S., Mazlan, N. and Asri, A.A.M., 2019. A review of the take-home exposure pathway of workplace hazards. International Journal of Medical Toxicology & Legal Medicine, 22(3and4), pp.13-19.
5 Tompa E, Kalcevich C, McLeod C, Lebeau M, Song C, McLeod K, et al. The economic burden of lung cancer and mesothelioma due to occupational and para-occupational asbestos exposure. Occup Environ Med 2017; 74: 816-22.
6 Abelmann, A., Maskrey, J.R., Lotter, J.T., Chapman, A.M., Nembhard, M.D., Pierce, J.S., Wilmoth, J.M., Lee, R.J. and Paustenbach, D.J., 2017. Evaluation of take-home exposure to asbestos from handling asbestos-contaminated worker clothing following the abrasive sawing of cement pipe. Inhalation Toxicology, 29(12-14), pp.555-566.