How to Choose the Right Asbestos Attorney for Your Mesothelioma Case
Asbestos was recently banned by the EPA, but its harm is still with us.
In 2022, there were approximately 3,000 new cases of mesothelioma diagnosed, according to the American Lung Association (ALA). That is 3,000 people who have received a diagnosis that will forever change the trajectory of their life. It is a diagnosis that will change how they see the world, themselves, their goals, and their dreams. Most importantly and most unfortunately, that is 3,000 people for whom this disease may have been preventable.
The Challenge of a Mesothelioma Diagnosis
Mesothelioma is a rare and aggressive type of cancer that is often not found until it is too late for life-saving treatment. What’s more, this type of cancer is almost wholly attributed to prolonged exposure to asbestos. Whether that exposure happened at work, at home, or somewhere else in a person’s life, those with mesothelioma were not protected from this toxic substance and deserve to be compensated for the lost finances, time, and quality of life that they experience because of this devastating illness.
What many people do not know is that there are legal teams who have dedicated their careers to getting justice and compensation for those whose lives have been changed forever by their asbestos-related mesothelioma diagnosis. They understand not only the legal side of an asbestos claim, but also have the historical and medical knowledge to back it up.
Asbestos is a naturally occurring mineral that has been used for thousands of years by humans in a variety of ways. That said, the complex and deeply intertwined history of humanity and asbestos is one that came to a screeching halt at the turn of the 20th century. From the time it was discovered, asbestos was lauded as a cost-effective and nearly infinitely versatile material. So much so that it was a large part of the Western industrial complex. Homes were built with asbestos cement, shingles, insulation, siding, ceilings, pipes, and flooring. Cars had asbestos brake lines and gaskets. There was even fire-resistant clothing and home goods with asbestos fibers.
Widespread Use of Asbestos
By the late 1970s it seemed that asbestos was building the world into modernity and making it cheaper and safer along the way. That is until research began to link contact with asbestos fibers to certain types of cancer, lung disease, and catastrophic illnesses, including mesothelioma.
An example of just two instances of this were recounted by Dr. Irving Selikoff – the doctor who helped to identify and publicize the extent of asbestos’ danger to health and its connection to cancer. He described two young women who had spent a few months as teen girls helping remove asbestos from ships for the WWII effort. That was their only industrial occupation and thirty to forty years later, both died of mesothelioma.
While passing contact with asbestos is not likely to result in any illness, asbestos is a notoriously fibrous material and the processes by which asbestos is rendered into usable goods often requisites the cutting, sanding, heating, and disruption of these fibers that are then inhaled into the lungs and introduced to the body where they become toxic. While most people come into brief contact with asbestos at one point or another without developing cancer, the National Cancer Institute stresses that “there is no safe level of asbestos exposure2.” That said, the prevalence of asbestos, and the long term exposure due to career or environmental factors is why there are still thousands of cases of asbestos-related illnesses, including mesothelioma, reported around the globe every year.
About Mesothelioma
Getting a diagnosis of mesothelioma can leave people feeling confused, alone, betrayed, and afraid. That said, as with most adverse situations, knowledge is power and the better something is understood, the more prepared a person is to handle it.
Mesothelioma is a rare and aggressive cancer that primarily affects the mesothelium, which is the lining that covers the abdominal cavity, as well as all major organs. It is widespread and can be found anywhere in the body where mesothelium exists. This is part of what makes the disease so devastating and difficult to detect early on.
Asbestos Fibers Last Forever, Even in the Human Body
The ALA has stressed that when a person is exposed to asbestos through unintentional inhalation or ingestion, the fibers that enter their body stay with them forever3. Becoming lodged in tissue and traveling throughout the body, toxic asbestos fibers scar the mesothelial tissue around them and that damage is what eventually leads to mesothelioma. Once that cancerous growth begins, it can spread throughout the body.
Mesothelioma is rare, and the symptoms of mesothelioma are often minimal, or negligible, until it has reached advanced stages. That is why people who have been exposed to asbestos through work or have lived in areas with high levels of exposure should always seek out preventative care and advice from both medical and legal professionals.
That said, if symptoms of mesothelioma, such as recurrent chest pain, shortness of breath, and fatigue are present, oftentimes a person’s history with asbestos can be a direct indicator for faster mesothelioma testing which can lead to earlier intervention.
Early intervention is unfortunately rare for many people with mesothelioma, and that is why after an initial diagnosis, reaching out to legal counsel for help is vital. One thing that the medical field and the legal field often have in common is that the sooner something is acted upon, typically, the better the outcome.
Time is of the Essence
When tackling a mesothelioma diagnosis, time is of the essence. Not only in terms of fighting off the growth and spread of cancer, but also in seeking legal compensation for having been exposed. The “statute of limitations” varies from state to state and can affect a person’s ability to receive compensation from trusts and settlements, as well as their ability to file a lawsuit in a court of law. A statute of limitations is essentially a time limit placed on one’s ability to proceed with a case.
Financial support for a mesothelioma or asbestos cancer diagnosiss
Not only is there a need for swift justice for the moral wrongdoing that is asbestos exposure, but there is also a financial need that comes with a life-altering diagnosis. Finding out the fastest way to file a lawsuit and receive the compensation that is deserved can be daunting, but it is something seasoned asbestos attorneys take on every day.
Asbestos has no taste, smell or immediate effects; people don’t always realize they were exposed.
While asbestos has been off the market and outlawed in many places, there are still people finding out, years later, that they have developed mesothelioma. In a statement given by Dr. David N. Weissman, M.D., the director of the Division of Respiratory Disease Studies, he described just how devastating, unpredictable, and indiscriminate mesothelioma really is, stating, “I couldn’t help but think of a colleague who recently died of mesothelioma. He was a very distinguished physician whose only known exposure to asbestos was as a college student during a summer job. Forty years later, he developed mesothelioma and died at the age of 62.”4
Learn your Legal Options for Mesothelioma
The most expedient and painless way to receive compensation for disability, pain and suffering, career damage, bodily harm, prolonged illness, or even the death of a loved one due to asbestos exposure is to take the first step and schedule a consultation with an asbestos attorney. Once hired, these attorneys usually work on a contingent basis, meaning they only collect money if a case is successful. An attorney can also help a client understand whether they should pursue a lawsuit or seek funds from an asbestos trust.
Asbestos Trusts
With asbestos undergirding much of the early industrial trade, many companies, some in business as far back as the 1800s, were exposing employees to asbestos. What this means is that these companies often have long histories with asbestos injury claims and multiple generations of employees and their loved ones who have filed claims against them. With the influx of claims, going to trial and settling cases became extremely expensive ,and in many cases, corporations had to file for bankruptcy under the crushing weight of the reparations they owed.
Filing Chapter 11 bankruptcy resulted in these companies being ordered to form asbestos bankruptcy trusts. These trusts are funded by the companies and their respective insurance providers and consist of millions (and in many cases) billions of dollars set aside for the sole purpose of providing compensation to those injured by asbestos or their surviving families.
Qualify for Compensation from an Asbestos Trust
To draw upon these trusts, a person must meet a certain criteria for their claim to qualify. This typically includes information about work history, time and evidence of exposure, medical history, and an asbestos-related diagnosis, as well as any other relevant evidence that might bolster the claim. While that may sound daunting for many people to produce, asbestos attorneys specialize in guiding people through the process of collecting and submitting the information that they need to in order to get the compensation that they deserve.
These trusts are put into place to protect and provide closure to the thousands of people who are still affected by asbestos exposure to this day, and when looking for an asbestos attorney, it is important to make sure that the sought specializes in this line of work and has a proven record of helping people successfully get compensation for their injuries.
The Asbestos Disease Awareness Organization
Linda Reinstein, the executive director and co-founder of the Asbestos Disease Awareness Organization, explained exactly why these trusts are necessary, stating, “In the 1990, the average [asbestos] patient was male, age 70. Our data shows the new patient profile to be a 51-year-old woman. Younger victims are dying from diseases. Recently, a 16-year-old girl was diagnosed with mesothelioma. Patients diagnosed with asbestos-caused diseases are completely innocent. They are firefighters and veterans, construction workers and engineers. They are women who became exposed washing their husband’s work clothes. They are children whose loving hug turned deadly.”5
It is also important for people looking into asbestos trusts as a means of reaching compensation to understand that seeking funds from trusts is not the same as filing a lawsuit, which tends to be far more extensive, costing much more time and money. Pursuing a trust claim will not affect a person’s employment if they are still employed by the company that exposed them and it does not damage their benefits, meaning that pensions and other retirement resources remain intact when drawing from an asbestos trust. What’s more, filing a claim on an asbestos trust does not terminate a person’s right to file a lawsuit against the company if they feel this is necessary after the fact.
The Right Asbestos Attorney
There is nothing easy about receiving a mesothelioma diagnosis. The preventability and overall needlessness of the disease is heart wrenching and a systemic problem that continues to plague generations of people to this day. While the laws and restrictions surrounding asbestos have caught up to the needs of those who were exposed to it, for many people it is too little, too late.
This is why asbestos attorneys have worked tirelessly to become experts in the history, complexities, and medical ramifications of asbestos exposure. It’s important to understand the intricacies of the legal system in order to successfully fight for their clients, especially when it comes to an often-convoluted problem.
Understanding what compensation is available and how to walk with clients towards the resolution that they deserve is vital to righting the wrongs done to those who have brought about a mesothelioma diagnosis as well as other asbestos-related illnesses and injuries.
1 Asbestos and Enzymes, Paul Brodeur, Ballantine Books; First Mass Market Edition (January 1, 1972).
2 National Cancer Institute (NIH), Asbestos Fact Sheet.
3 Asbestos, American Lung Association, Lung.com.
4 Examining the Human Health Effects of Asbestos and the Methods of Mitigating Such Impacts, Statement of David N. Weissman, M.D., Hearing Before the Committee on Environment and Public Works, 110th Congress, First Session Senate Hearing 110-1096 (June 12, 2007).
5 Examining the Human Health Effects of Asbestos and the Methods of Mitigating Such Impacts, Statement of Senator Linda Reinstein, Hearing Before the Committee on Environment and Public Works, 110th Congress, First Session Senate Hearing 110-1096 (June 12, 2007).