Monday, July 4, 2011

Mesothelioma litigation is said to have

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started in 1929. The disease has caused a lot of distress to families because it has killed about 43,000 people in America since 1979. This disease is a type of cancer which affects the lining of the internal organs of the body. It occurs when one is exposed to asbestos, a fibrous mineral that is used in many industrial products. Most people that have mesothelioma are the ones that are mostly exposed directly to that mineral. This is common in companies and industries that produce asbestos products. Families of people who work in these industries are also in high risks of being exposed to this mineral since the workers bring the mineral home through their clothes and skin.

Mesothelioma is a rare disease that occurs in every one person in a million people. The symptoms are not obvious and one can live with the disease before the symptoms can start showing. It is only common in areas where asbestos is manufactured and mined including Canada, Australia and USA. However, it can also occur in any other country where they use asbestos.

Mesothioma litigation

Companies that manufacture asbestos products know of the effects it can bring. They however continue making these products and sell them to members of the public without warning them of the risks. All they care about is the profit they get from selling the products. Mesothioma litigation comes in handy whereby if your loved one contracts this disease, you can claim for compensation from the company responsible. There are people who mostly come into contact with asbestos. There include electricians, carpenters, builder who drill asbestos, joiners, fire fighters,etc.

There are two types of lawsuits when it comes to mesothelioma litigation. The first is known as personal injury and the second one is known as a wrongful death lawsuit. With the first lawsuit, the person filing the lawsuit is the one diagnosed with the disease and is the one who files the lawsuit. With the second lawsuit, the person may have died due to the disease and a relative or a spouse files the lawsuit. Claims made due to diagnosis of mesothelioma include items bought for the care of the patient, travelling costs to the medical facility, losing one’s earnings and such related. In the first lawsuit, the representing attorney should gather all the information needed for the case very fast. The plaintiff is also supposed to provide two depositions so as to assist the attorney to be able to handle things before the trial begins.

Mesothelioma Litigation Take Months

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In the second lawsuit, since the person is dead, the person filing the lawsuit is supposed to find a colleague of the deceased. This colleague is supposed to provide a brief history of the deceased work and how much the deceased was exposed to the asbestos till the last time he ever worked. After that, the case is settled before stepping in the courthouse. This is because most companies prefer settling it and paying the claims instead of appearing in court. Settlements in mesothelioma litigation take months after the agreed settlement.