In This Article:
- What Is Mesothelioma
- Is Mesothelioma Treatable?
- Mesothelioma Lawsuit
- From Out of State? No Problem!
- Mesothelioma Lawsuits Statute Of Limitations
- What’s the Average Settlement Amount in a Mesothelioma Case?
- Contact Mesothelioma Attorneys at The Lovely Law Firm
- Read Reviews
- Download the eBook: “Mesothelioma: Diagnosis, Risks, and Treatment”
On average, 3,000 people are diagnosed with Mesothelioma every year in the United States. In the 1970s the government enacted The Clean Air Act(CAA), which classified asbestos as a hazardous air pollutant, and set regulations, made by the EPA, on the use and disposal of asbestos products. In 1989, the EPA pushed through a law that bans the use and production of asbestos entirely. This is called the Asbestos Ban and Phase-Out Rule (ABPR), and it effectively banned the production, importation, processing, and sale of anything containing asbestos.
What is Mesothelioma?
While the CAA and ABPR significantly reduced the rate of asbestos exposure, they didn’t effectively eliminate Mesothelioma. Mesothelioma is cancer that is usually a result of asbestos exposure. It is a type of cancer that creates tumors in the tissue of the lungs, heart, stomach, and other organs. As asbestos dust particles are breathed in, they travel through small passages in the lungs to reach the pleura (thin shiny membrane) and create inflammation and scarring. This causes damage to the cell’s DNA and effectively results in cell overgrowth.
From 1970 to the 1990s, mesothelioma rates continued to rise, due to many people being exposed before the full ban on asbestos. Since the late 1990s, Mesothelioma diagnoses have dropped significantly, but are still prevalent in today’s society.
About 8 out of 10 people diagnosed with Mesothelioma have been directly exposed to asbestos, but the other 20% developed Mesothelioma for other reasons. Many people believe that direct asbestos exposure is the only cause of Mesothelioma, but other causes are not often talked about. Factors that Mesothelioma are associated with are:
- Building Materials – Many people are exposed to asbestos through their occupations revolving around skilled trades and manual labor. Constructing and remodeling homes fall into this category as well. Many old homes were constructed with asbestos products, as they are heat resistant and cheap to use. Even though asbestos is banned, it is still prevalent in buildings and products that were produced before the ban took place, and other countries still produce products with asbestos in them.
- Talcum Powder – Talc is a clay mineral that is mined for use in beauty products, baby powder, soap, and industrial products. Talc is found near another mineral called Tremolite. Tremolite is a type of fibrous asbestos, that can contaminate talcum when it is mined. If this happens when the product is used, it will disperse tiny fibrous particles into the air and they are then breathed in. This can cause scarring and inflammation in the lungs and mesothelial tissue which can eventually cause Mesothelioma.
- Metal Working – Metalworkers are considered high risk when it comes to developing Mesothelioma. Due to asbestos being highly heat resistant, it was used in many metal workshops and other products involved in metalworking. Even though the use of asbestos has been banned, it has not been irradicated, which means metal workers are at a high risk of being exposed. Metalworkers may be exposed to asbestos through the facility, machinery, and protective equipment.
Is Mesothelioma Treatable?
Being diagnosed with Mesothelioma can be daunting. Everything changes in an instant. Many believe that Mesothelioma is untreatable, but it can be treated. There are several different treatments for Mesothelioma, but it is more than likely that the doctor will use several different treatments to fight cancer. Different treatments can include:
- Surgical Intervention – If caught early, patients can greatly benefit from a surgical procedure to remove the tumors forming in the mesothelial. All visible tumors are removed from the lungs, and it greatly improves the patient’s quality of life.
- Chemotherapy – If deemed ineligible for surgery, doctors may recommend chemotherapy. A study conducted in 2016, found that patients who undergo chemotherapy to treat their mesothelioma can live up to three times longer than a patient who does not opt for chemotherapy. Surgery and chemotherapy are often used together to fight Mesothelioma.
- Radiation – When a patient is not eligible for surgery, Mesothelioma can be controlled through radiation therapy. Radiation can ease symptoms such as chest pains, and general discomfort. It has been found that when surgery and radiation are used together, the chance of recurrence drops.
- Immunotherapy – Bevacizumab is an immunotherapy drug that is recommended to treat Mesothelioma. The drug uses antibodies to limit tumor growth and another drug, Keytruda, helps the immune system identify and kill cancer cells.
Abramson Cancer Center published a study that found the average life expectancy after being diagnosed with Mesothelioma is from 4-18 months, but they also have reports of patients living 10 years after their diagnosis. The study also stated that the chance of living more than 5 years after being diagnosed is around 10%.
Mesothelioma Lawsuit
Most people who are diagnosed with Mesothelioma were inadvertently exposed to asbestos, and most of the time it is not the patient’s fault that they were exposed. This means that patients or loved ones can file a lawsuit against whomever they may think are responsible for exposing them. They can be charged with negligence, unsafe work conditions. In many cases, it’s a Workers’ Compensation claim, because many people are exposed to asbestos at work. A lawsuit cannot cure Mesothelioma, but it can provide financial support.
Mesothelioma lawsuits can be characterized as personal injury or wrongful death. Personal injury lawsuits are filed by the individual that is diagnosed with Mesothelioma. Wrongful death lawsuits are filed by the family of the individual diagnosed with Mesothelioma. In a civil lawsuit requesting damages, the manufacturers, sellers, and distributors are all responsible, as they failed to provide a product that is deemed reasonably safe. This is under product liability law, which holds those who manufacture and distribute products accountable for any product that causes harm when used within the guidelines.
The average timeline on settling a Mesothelioma case is different for each case in South Carolina. The Mesothelioma lawsuit timeline can vary depending upon what is requested for damages, and how willing the company is to pay. Generally, Mesothelioma lawsuits can start to award restitution within 90 days, and the cases are usually settled in less than 12 months. Also, most cases end in a settlement, which means the manufacturer or provider of the product containing asbestos will agree to pay the victim a lump sum to keep the lawsuit from going to court. Even if the victim dies before the full settlement has been reached, their family can file a Mesothelioma lawsuit after death, or accept a settlement if it has already been decided.
From Out of State? No Problem!
If you lived and worked in another state and have retired to South Carolina, we can still help. Cases like product liability and mass tort settlements such as mesothelioma claims can be filed across state lines and we can help you, even if you’re from anywhere in the United States, but live here now – we can still help – call us today.
Mesothelioma Lawsuits Statute Of Limitations
In South Carolina, the statute of limitations on a Mesothelioma lawsuit is 3 years for a personal injury lawsuit. For a wrongful death Mesothelioma lawsuit, the statute of limitations is also 3 years.
Even though the victim or their family has three years to file a lawsuit, it is recommended to start the lawsuit process right away. The longer the victim or their family waits, the less money they will be awarded, or their entire case can be thrown out.
What’s the Average Settlement Amount in a Mesothelioma Case?
Each Mesothelioma settlement is different. No amount can be guaranteed because each individual case requests different amounts or their settlements based on hospital bills, and loss of compensation. According to Mesothelioma Hope, the average asbestos payout can be between $1 million and $1.4 million. This is not a guarantee, however, and each case results in a different payout amount.
A qualified and experienced Mesothelioma attorney will be able to help the victim achieve the highest compensation in the least amount of time. They are also well versed in Mesothelioma trusts set up by bankrupt asbestos products manufacturers to pay any Mesothelioma victims. There’s an estimated $30 billion in asbestos pay-out trusts.
Contact Mesothelioma Attorneys Near You at The Lovely Law Firm
If you or a loved one have been diagnosed with Mesothelioma, you could be entitled to compensation. Victims of Mesothelioma have legal rights, and we know exactly what to do to protect them. Many companies that produce or have produced products with asbestos have legal teams that solely focus on defending the company from Mesothelioma lawsuits. Our team of Mesothelioma attorneys at The Lovely Law Firm know exactly how to prove there is a definite link between your Mesothelioma diagnosis, and their product containing asbestos. We are dedicated to protecting you and your family’s rights to compensation, and that is why we build the strongest case possible for all our clients. Contact us, or call (843)-738-1099 to speak to one of our personal injury or wrongful death attorneys to begin the process of filing your Mesothelioma claim.
What a Client says About the Lovely Law Firm on Google
My experience with Lovely Law Firm was excellent. They took care of everything. No followups we’re required. They kept me informed thru the complete process. I would highly recommend them to anyone that wants a hassle-free experience. I would definitely use them again, but I hope I won’t need to. Five stars for sure! Thank you for making my life easier.
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Sources
- https://www.cancer.org/cancer/malignant-mesothelioma/about/key-statistics.html
- https://www.epa.gov/clean-air-act-overview/evolution-clean-air-act
- https://www.epa.gov/asbestos/asbestos-ban-and-phase-out-federal-register-notices
- https://www.cancer.org/cancer/malignant-mesothelioma/causes-risks-prevention/what-causes.html
- https://pubmed.ncbi.nlm.nih.gov/27822122/
- https://www.pennmedicine.org/cancer/types-of-cancer/mesothelioma/prognosis
