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Posts Tagged ‘Mesothelioma Litigation’

Pericardial mesothelioma is a form of mesothelioma that affects the lining of the heart,

(pericardium).

Mesothelioma affects various body organs and therefore has several forms including pleural mesothelioma (affecting the lining of the lungs) and peritoneal mesothelioma (affecting the lining of the stomach). However, pericardial mesothelioma, affecting the lining of the heart, is the rarest form of mesothelioma.

Pericardial mesothelioma is the most rare form of mesothelioma, found in less than 10% of Mesothelioma cases (about 200 new cases yearly). Because it is so rare, little research has been conducted to better understand the symptoms of this disease and how it progresses.

In pleural mesothelioma, tiny asbestos fibers are inhaled and lodge in the lungs. However, it is not clear how these tiny fibers reach the lining of the heart. One theory is that the asbestos pieces that are inhaled and lodged in the lungs break down and are carried through the bloodstream, lodging in the heart lining. Once this occurs, chronic inflammation leads to the development of cancerous tissue.

Once cancer tumors begin to develop, the tissue expands and fluid accumulation occurs, resulting in:

· Irregular heartbeat

· Chest pain

· Shortness of breath

· Persistent cough

Malignant mesothelioma is an uncommon cancer, difficult to diagnose, and poorly responsive to treatment. By the time symptoms appear and the cancer is diagnosed, the disease is often advanced. The average survival time is about one year. However, if the cancer is found early and treated aggressively, almost half of the patients reach the two-year mark, and about 20% survive five years.

Mesothelioma litigation is an option for mesothelioma patients. Litigation however is not an easy path to consider. Before you choose to sue, there are a couple of crucial facts that you should be aware of.

You have the right to sue.

In some cases, your condition may be caused by the negligence of others. Mesothelioma is a type of cancer that results from exposure to asbestos fibers. Like any average individual, you probably wouldn’t consider exposing yourself to asbestos of your own free will. You may have been exposed to asbestos due to your work or due to a family member who works with asbestos.

So why should you sue if you find out you have mesothelioma? Companies that hire individuals to work on asbestos would typically know that there are certain dangers involved in handling the mineral. Company safety rules should therefore be strictly implemented to prevent asbestos exposure. If you develop mesothelioma, it may be due to a company’s inability to protect and warn people against the dangers of asbestos.

Different states have different laws regarding mesothelioma cases.

Mesothelioma litigation procedures aren’t always the same. Different states have different rules and laws covering mesothelioma cases. One thing is common though, various localities have their own set specific time frames for litigation procedures. It is therefore very important that you seek legal assistance as soon as you have been diagnosed with mesothelioma. If you act too late, you may not be able to get the monetary compensation that is rightfully yours.

Not every lawyer can handle a mesothelioma case.

Some lawyers do not handle mesothelioma litigations. Not every lawyer however is ready or equipped to do so. Every lawyer has his/her own line of specialty. There are therefore some lawyers who know better how to handle a mesothelioma case. A mesothelioma lawyer would know better the legal technicalities, laws and details involved in a mesothelioma case. Other than these, he would also have sufficient disease knowledge to help clients trace exposure details and determine the extent of physical, emotional and financial damage.

Time is of the essence in a mesothelioma case. This does not mean though that you should be haphazard in your choice of a lawyer. Make sure that the expert that you pick has had some background and success in mesothelioma cases. A good lawyer can make the difference between prompt financial or emotional relief and absolute loss.

Litigation can be expensive.

Like any form of lawsuit, mesothelioma cases can also be costly. Many legal entities however are aware that many clients are not able to pay outright. The collection of fees is therefore postponed until damages are awarded. Be warned though that attorney’s fees for mesothelioma cases can be quite steep. Lawyers can collect up to 40% of the total amount awarded. For many patients though this is already considered a fair deal. After all, mesothelioma cases are not easy to handle and win.

Mesothelioma litigation may not be easy. The compensation however, that you can hope to get after the procedure can be a great help to you and your family.

Mesothelioma is a rare form of cancer that develops in the thin tissue layer coating many of your organs. The American Cancer Society estimates that approximately 2,000-3,000 people are diagnosed with the disease each year.

There are three types of mesothelioma cancer. Each is classified based on where it occurs in your body:

· Pleural malignant mesothelioma occurs in the tissue around your lungs. It is the most common form of the disease.

· Peritoneal mesothelioma affects the tissue around your abdomen.

· Pericardial mesothelioma occurs in the tissue around your heart.

Symptoms of Mesothelioma

The symptoms of mesothelioma vary based on the region of your body affected by the cancer. The symptoms of pleural mesothelioma include:

· Shortness of breath

· Painful breathing

· Painful coughing

· Chest pain near the rib cage

· Lumps of tissue under your chest skin

· Weight loss

· Dry cough

The symptoms of peritoneal mesothelioma are:

· Abdominal pain

· Abdominal swelling

· Change in bowel habits (frequent diarrhea or constipation)

· Lumps of tissue in abdomen

· Weight loss

· Nausea

· Vomiting

Causes of Mesothelioma

The primary cause of mesothelioma is exposure to asbestos, a harmful fiber used as insulation. People who have a high exposure to asbestos are at greatest risk of developing mesothelioma. This exposure most commonly occurs in the workplace. Frequently, blue collar jobs in mines, ship yards, manufacturing facilities, construction sites, and railway facilities place people at greatest risk of asbestos exposure.

If asbestos dust is breathed or swallowed, the fibers can settle in your lungs or stomach, resulting in an irritation that ultimately causes mesothelioma. People with very high levels of exposure to asbestos are at greater risk of contracting mesothelioma than people with lower levels of exposure. It can take as long as 30 to 40 years for the disease to develop.

Mesothelioma Lawsuits

Over the years, many lawsuits have been filed and won on behalf of people exposed to asbestos at work. If you have been diagnosed with this rare cancer, you should consult an experienced mesothelioma attorney at once to see if you have a valid claim.

It is important to choose an attorney who specializes in mesothelioma claims. This is a highly complex area of the law, and you should not trust your case to someone lacking the proper experience. Several factors complicate many of these claims, including:

· The long delay between exposure to asbestos and the development of mesothelioma

· The widespread use of asbestos in many common products

· The ability to develop mesothelioma from second-hand exposure to asbestos

These factors can often make it difficult to prove precisely where you were exposed to this dangerous fiber. You will need a lawyer who can skillfully work with these factors and still help you receive the compensation you deserve.

If you are diagnosed with mesothelioma, you are most likely looking at a lifetime of pain, medical expenses, and lost earning capacity. You should be compensated for your injuries. Why trust your mesothelioma claim to someone who is not an expert?