Mesothelioma and exposure to Asbestos
I am George Otstott and of all of the disease processes that I have encountered in my 53 years of practicing trial law, Mesothelioma is probably the most tragic disease I have seen. It is caused in most people by exposure to asbestos fibers, and that exposure probably came at a current or prior workplace or from being around someone else who had heavy exposure to asbestos. If you have been diagnosed with Mesothelioma you may have the legal right to recover money damages from your employer where the exposure occurred or the manufacturer of the asbestos that made you sick.
Breathing asbestos fibers for any length of time can cause an irritation of the lining of the lungs that can ultimately lead to the development of Mesothelioma. Most people that are diagnosed with Mesothelioma were exposed to asbestos on their job, and that exposure can have been as far back as 40 years before they were diagnosed with Mesothelioma. The latency period, or period of time that it can take for a disease to manifest itself in a person by symptoms, can be over 40 years in the case of asbestos related Mesothelioma
Breathing difficulties and damages
People with Mesothelioma develop problems breathing to the extent that they are required to have auxiliary oxygen given to them by way of oxygen tanks that they must keep with them at all times. As the disease progresses, the problems with breathing increase and breathing becomes more labored and painful. Damages that can be recovered in Mesothelioma cases include pain and suffering, both past and future, lost wages in the past and in the future, medical bills, both past and future, loss of love and affection with spouse and children, loss of ability to perform everyday tasks, and punitive or exemplary damages against the employer or the manufacturer of the asbestos product, or both.
53 years of experience in the trial courts
My 53 years of experience in battling with large corporations and insurance companies allows me to represent you more effectively and present your case against these defendants in a powerful and forthright way. Never, in any other case situation, have I observed that experience is more important than in a case like Mesothelioma. Experience counts!
Facts about Mesothelioma
It has been estimated that between 1979 and 2001, at least 43,000 Americans have died from Mesothelioma and an often-fatal non-cancer disease of the lungs called asbestosis.
70% to 80% of all diagnosed Mesothelioma cases are attributed to asbestos exposure at work.
It is estimated that 2,000 to 3,000 new cases of Mesothelioma are diagnosed every year in the U.S.
Pleural Mesothelioma, which occurs in the chest, accounts for about 3/4ths of these cases.
Asbestos fibers breathed into the lungs while at work around asbestos usually cause the Mesothelioma.
This exposure to asbestos that is the main cause of Mesothelioma can have occurred at any time in a person’s life.
The facts about the frequency and extent of asbestos exposure and the occurrence of Mesothelioma have been known and mostly hidden from the American public since the early 20th Century.
In spite of the facts about the frequency of people contracting Mesothelioma from exposure to asbestos, the use of asbestos has still not been banned in the United States.
Mesothelioma can develop any time up to 40 years after the initial exposure to asbestos.
Men are at a higher risk for Mesothelioma than women because of their higher incidence of occupational exposure to asbestos.
Most of the people that are diagnosed with Mesothelioma are over the age of 65.
It is estimated that 8 million Americans may have been exposed to asbestos and may be susceptible to contracting Mesothelioma.
Mesothelioma litigation - Types of Lawsuits
In general, three different lawsuits can be filed in Mesothelioma cases.
(1) Wrongful death case
If you have a family member, a spouse, a child, or a mother or father that died as a result of Mesothelioma, you can have us institute a “wrongful death case”. Wrongful death damages for spouses include potential financial contributions, loss of love and companionship, and mental anguish. Wrongful death damages available to parents include loss of companionship and love, and mental anguish caused by their child's wrongful death. The wrongful death damages awarded to children after the death of a parent can vary based upon the ages of the deceased and the children, but damages for all children usually include mental anguish and loss of companionship and love. Minors can recover wrongful death damages for monies the deceased parent would have contributed to raising the child. Adult children who claim wrongful death damages can include the sum the parent would reasonably and probably have contributed to them. Often, wrongful death damages include punitive or exemplary damages.
(2) Personal injury case
A “personal injury case” for Mesothelioma is usually brought by the person diagnosed with Mesothelioma. This person can sue for damages that include pain and suffering, both past and future, lost wages in the past and in the future, medical bills, both past and future, loss of love and affection with spouse and children, loss of ability to perform everyday tasks, and punitive or exemplary damages.
(3) Secondary exposure case
In many instances, a spouse, child or parent has been exposed to asbestos fibers through contact with clothing or other through contact with a family member who has been exposed directly to asbestos. This is called “secondary exposure” because the person that is ultimately diagnosed with Mesothelioma came into contact with the asbestos fibers through association or contact with another person who had been exposed directly to the asbestos. These people have as much right to bring lawsuits as the people that were directly exposed to asbestos fibers and the lawsuits that can be brought by people with secondary exposure are the same as those shown above, wrongful death or personal injury.
LET ME BE YOUR MESOTHELIOMA LAWYER
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Our law firm is currently investigating Mesothelioma cases that could have been caused exposure to asbestos. We are personal injury lawyers that can help you or someone you know that has been exposed to asbestos.
Call me today for an immediate, free consultation at 1-214-522-9999 or email me at [email protected]
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Our offices are located in Terrell, Jefferson, and Dallas, Texas serving all of North East, Texas.