Malignant Mesothelioma Litigation - Malignant Mesothelioma Info

Malignant Mesothelioma Litigation - Mesothelioma Compensation

Questions about mesothelioma or asbestos? ASK US NOW
Malignant mesothelioma litigation has increased steadily since the 1970s. Increased media attention has led to increased public awareness of the disease. Between 1994 and 2002, the number of mesothelioma claims increased every year with 2002 seeing twice as many claims filed as 1994.

Malignant mesothelioma litigation is typically handled by mesothelioma attorneys. There is a statutory deadline for the filing of mesothelioma claims. A standard mesothelioma injury claim must be filed within a couple months following a positive mesothelioma diagnosis. Standard mesothelioma injury claims are filed by claimants who discover the disease early enough and wish to take legal action against all responsible parties.

Wrongful death mesothelioma claims are filed if the claimant has died as a result of the disease. Wrongful death mesothelioma claims are typically filed by the claimant's executor of estate. A mesothelioma attorney can help the executor file the wrongful death claim before the statutory deadline passes. The statutory deadline for filing a wrongful death mesothelioma claim falls shortly after the claimant's death.

Mesothelioma Compensation

Mesothelioma compensation is determined by a number of factors, including medical expenses, lost wages, pain and suffering, state law and the responsible parties. There have been a number of steps taken to reform the mesothelioma compensation process. Many believe that a global settlement model is needed to ensure that future mesothelioma claimants are able to receive compensation for their suffering. Congress is currently considering the Fairness in Asbestos Injury Resolution Act, legislation prompting the establishment of a $140 billion mesothelioma compensation trust fund through which mesothelioma victims receive compensation for their pain and suffering. The "FAIR" act has evolved from previous attempts at setting up a trust fund, all of which have failed because of the inability of defendant corporations, insurance companies and claimant attorneys to reach a consensus on an acceptable global compensation structure.

Asbestos Litigation

Mesothelioma litigation is a type of asbestos litigation. Asbestos lawsuits serve all individuals injured as a result of asbestos exposure. Mesothelioma lawsuits serve only those who have contracted mesothelioma.

The dangers associated with asbestos exposure were known long before the carcinogenic mineral was regulated under section 112 of the Clean Air Act (1970). Asbestos product manufacturers chose to place business and profits ahead of employee health, helping to cause what has been labeled as the worst occupational health disaster in U.S history.

Some analysts estimate that the total cost of asbestos litigation will eventually exceed $200 billion. Thus far, defendant corporations and insurance companies have been forced to pay in excess of $70 billion, $46 billion of which has accounted for gross compensation.

Malignant Mesothelioma Info

Malignant mesothelioma is a rare type of cancer affecting the mesothelial tissue lining three large body cavities: the pleura (lung cavity), the peritoneum (abdominal cavity) and the pericardium (heart sac). Cases of malignant mesothelioma are typed based on the section of mesothelial tissue affected; therefore, there are three distinct types of malignant mesothelioma:

Approximately 2,000 to 3,000 new cases of malignant mesothelioma are reported each year. The disease is believed responsible for more than 200,000 deaths worldwide. A latent disease, malignant mesothelioma can take anywhere from 30 to 40 years for symptoms to develop, allowing the cancer to reach an advanced and virtually untreatable stage once diagnosed. The average post-diagnosis survival time of malignant mesothelioma sufferers is between one and two years.

Malignant mesothelioma is the most serious type of asbestos related disease. Other asbestos related diseases include:

Pleural mesothelioma and asbestos lung cancer are often confused with one another. While both are forms of cancer, asbestos lung cancer affects the lung tissue itself, while pleural mesothelioma affects the tissue of the lung cavity. Asbestosis sufferers face an increased risk of developing asbestos lung cancer or malignant mesothelioma.

Back to top