Mesothelioma is a rare and deadly form of cancer that is caused by exposure to asbestos. Used in a variety of building materials and safety equipment up until 1980 due to the substance's heat resistance qualities, asbestos is now known to pose a serious risk to human health through mesothelioma and other asbestos-related illnesses.
This page features comprehensive information on filing asbestos lawsuits, including eligibility criteria, the statute of limitations for filing a mesothelioma claim in Louisiana, and common questions.
When asbestos fibers are stirred up or damaged, they become airborne and can be inhaled into the lungs. These fibers get trapped in the lung for several years and cause inflammation and scarring over time. In some cases, this results in the development of mesothelioma, a rare, aggressive cancer primarily affecting the lining of the lungs (pleura) or abdomen (peritoneum) due to asbestos exposure.
Symptoms of pleural mesothelioma include shortness of breath, chest pain, persistent cough, and fatigue. In advanced stages, individuals may experience weight loss, fever, night sweats, and difficulty swallowing.
Peritoneal mesothelioma symptoms often include abdominal pain, swelling, nausea, and changes in bowel habits. These symptoms often appear decades after exposure to asbestos, making early detection challenging.
Outcomes for mesothelioma patients depend on the stage of diagnosis, location, and overall health of the individual. Unfortunately, mesothelioma is usually diagnosed in later stages, which limits treatment options and reduces life expectancy. Survival rates vary, but many patients live only 12 to 21 months after diagnosis.
Filing a lawsuit will allow you to hold your employer accountable for occupational asbestos exposure in Louisiana, while also providing real compensation for asbestos-related illnesses like mesothelioma or cancer. Contact us today for a free consultation.
Our attorneys specialize in pursuing justice on behalf of our clients against large institutions, no matter how complex the case. Through settlements and winning verdicts, our attorneys have obtained millions for our clients. Let us help you today.
Lawsuits related to mesothelioma are filed to hold employers and manufacturers accountable for their actions or inactions, and to seek compensation for the individuals they have harmed. Making a strong case can seem intimidating, due to the fact that many individuals are not exactly sure when the exposure took place or who can be held accountable.
An experienced legal team can help you navigate a variety of challenges, starting with gathering evidence. Evidence may include documents that prove the years and location of employment, any medical records related to the associated illness, and documents that connect the exposure with the illness.
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Mesothelioma lawsuits can be filed by Louisiana residents who believe they may have grounds for a claim. Unlike lung cancer, throat cancer, and stomach cancer, which have multiple possible causes, mesothelioma is caused exclusively by asbestos exposure. The work of an attorney representing a client in a mesothelioma lawsuit in Louisiana is to find any and all possible sources of asbestos exposure relevant to a person's work history.
In some cases, asbestos exposure occurs in unexpected places, and a knowledgeable attorney can lead the research and lend insight to ensure the strongest case possible and best possible outcome.
If you meet the eligibility criteria and the allotted time for taking legal action has not lapsed, you can initiate a mesothelioma lawsuit. The timespan for filing a lawsuit begins upon the diagnosis of mesothelioma. This approach ensures fairness, considering the significant latency period that can extend up to five decades between asbestos exposure and diagnosis.
In order to initiate a personal injury lawsuit for mesothelioma, the following requirements must be met:
Asbestos lawyers have expertise in examining potential sources of asbestos exposure and determining liable parties. When someone dies of mesothelioma, their family or estate can pursue a wrongful death lawsuit to seek remuneration for their loss. These types of claims, similar to personal injury cases, often result in settlements surpassing $1 million.
The frequency of claims made to asbestos victim funds has increased due to numerous liable companies declaring bankruptcy. There are over 60 asbestos victim funds in existence, totaling more than $30 billion, which are accessible to victims and their families. Rather than initiating a lawsuit, eligible individuals can submit a claim to the appropriate fund. The compensatory payouts from the largest funds typically vary from six-figure amounts to millions. Seeking advice from a legal professional can assist in deciding the most suitable approach, whether it involves filing a lawsuit or pursuing a claim through an asbestos trust fund.
Veterans who encountered asbestos during their military service have the opportunity to seek specific benefits from the Department of Veterans Affairs (VA). These benefits encompass treatment from specialized mesothelioma practitioners, disability compensation, and supplementary financial aid for the families of Veterans. Initiating a VA benefits claim is distinct from a legal claim, and Veterans and their families can explore both avenues simultaneously.
Louisiana workers must file a claim within one year of being diagnosed with mesothelioma. Similarly, family members who have lost a loved one to mesothelioma have one year to file a wrongful death claim in Louisiana.
Filing a mesothelioma claim if you have other preexisting conditions can feel especially challenging. However, medical experts and legal teams can be deployed to carefully differentiate between mesothelioma and other health issues. In other words, while pre-existing conditions may complicate matters, a mesothelioma lawsuit is still possible.
The average settlement range in mesothelioma cases is currently estimated between $1 million and $1.5 million. When considering both successful and unsuccessful trials, jury awards in mesothelioma lawsuits have averaged around $2.14 million. Notable outcomes have been achieved in lawsuits against corporations like Johnson & Johnson and U.S. Steel, resulting in significant compensatory and punitive damages.
This is another reason people suffering from mesothelioma may shy away from filing a claim. Experienced attorneys can help track relevant records to create a paper trail of your work history and possible exposures.
Anyone who worked at, or lived with someone who worked at, these facilities could have been exposed to asbestos, which could have taken decades to result in cancer.
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