Monday, July 4, 2011

The Right For a Mesothelioma Claim

The Declaration of Human Rights in the United States of America outlines the different rights that an American citizen possesses. In the Declaration’s third article it is stated that everyone has the “right to life…” This is where anyone who may have contracted mesothelioma by being unknowingly exposed to asbestos dust can say that their right to life has been violated. This article gives them the right to file a mesothelioma claim.

When one files a mesothelioma claim, they are in essence filing a lawsuit. This lawsuit is normally filed by an experienced lawyer who has dealt with such cases before and is filing the claim in behalf of someone who has been diagnosed with the disease. The defendants may be the company, business, industry or any other person who may have been responsible for exposing the sufferer to asbestos dust.

Mesothelioma claims – When to approach a lawyer?

There is no need to hesitate about approaching a lawyer for legal advice regarding the filing of a mesothelioma claim as there are many experienced and dedicated legal experts that can help you get the compensation you deserve. However, it is necessary that you get formally diagnosed by a medical practitioner before filing the mesothelioma claim. This has become mandatory as there have been numerous cases filed by people who have never been officially diagnosed with the disease which has forced the courts to discard many cases. It is essential that you are certified as a mesothelioma patient and that you had acquired the disease through exposure to asbestos dust.

Those with mesothelioma get the disease after constant exposure to asbestos in their work areas or those who live in areas where there is exposure to asbestos dust or particles. The early symptoms of the disease include shortness of breath, persistent coughing, weight loss, and chest pain. Because these are also the symptoms of many other diseases, people get misdiagnosed. Worse, most do not even go for treatment as they mistake the symptoms for common ailments.

If you have any or all of the above symptoms, then you need to approach a medical professional immediately. Getting a mesothelioma diagnosis can be a complicated process as the early symptoms mimic that of many other diseases and a thorough medical examination is required.

In order to file a successful mesothelioma claim, you need to be able to prove that you have mesothelioma and that you had acquired the disease through the exposure to asbestos. This means that your lawyer needs to trace your work history and find out whether it can be proved that you used to be gainfully employed in a company or industry that was accountable for your asbestos exposure.

Only an experienced legal professional can effectively assist you in getting the right amount of compensation for all that you have suffered. The success of any mesothelioma claim by your lawyer will mean that you need not pay any lawyer’s fees. You will also be able to get compensation for all the medical expenses that have been incurred as well as compensation for your inability to work and provide for your family due to the disease.