The importance of a mesothelioma lawyers is not fully
appreciated by most people. Mesothelioma is an incurable form of lung cancer
that is generally associated with exposure to asbestos fibers, and is probably
the one form of cancer that has led to more lawsuits for damages than any
other.
It would be thought that a person suffering from
mesothelioma that had previously worked in the asbestos industry would have a
cast iron case, but this is not in fact the case. The real facts are that
mesothelioma is a term for cancer of the mesothelium, more commonly known as
the pleura, the lining of the lung. The problem is that most forms of lung
cancer are termed mesothelioma, and it can be extremely difficult to prove that
they are caused by one source alone. This in itself could give a mesothelioma
attorney a big headache. However, there is worse to come for them.
Smoking! Believe it or not around 80% of Mesothelioma cases
in North America are caused by smoking - not asbestos! Hence, if a smoker
contracts the disease then the asbestos companies will naturally use that as a
defense, and claim that smoking was the real cause and not the asbestos. Your
mesothelioma attorney now has a real fight on his or her hands to get you any
compensation at all. Now that compensation for asbestos relayed cancers has
reached very high levels, most asbestos companies will vigorously contest any
case against them, and the services of a good attorney are absolutely essential
if you are to have any success at all.
One of the problems involved here is that, just as smoking
has not been definitively proved to cause lung cancer, neither has exposure to
asbestos. Most doctors will agree on the relationship, but the courts require
proof, and it is not there. There are still those that deny any relationship,
and without cast-iron evidence their claim could be construed to be as legally
valid as those of the vast majority that believe in the relationship. However,
belief is not proof, even when that belief is held by over 95% of the
population!
It is strange, however, that most people will accept that
asbestos can cause mesothelioma while many that do so will not believe the same
of smoking. It seems a case of unwilling to accept what might affect
themselves. However, all of this is academic, and you will need a good
mesothelioma attorney if the compensation awarded is to be sufficient to
provide the palliative care that all mesothelioma patients will eventually
need.
Most will require hospice care so that some of the pressure
can be taken from their family, and while hospices in Europe are free, this is
not true of the USA. What is certain is that a smoker will not receive the same
level of compensation as a non-smoker since it has been established that
smokers who are also known to have had long-term contact with asbestos are more
likely to contract the disease than any other.
The importance of a mesothelioma attorney cannot be
overemphasized, and if you are seeking one then there are many choose from
since it is a lucrative profession.
Make sure that you choose a good one, since there are also many of these around.
Here are a few tips:
Make sure that you choose a good one, since there are also many of these around.
Here are a few tips:
1. Make sure that your attorney has handled mesothelioma
cases before, and that yours is not their first case.
2. Have they had previous successes in such cases, and what level of compensation have the succeeded in achieving?
3. Does your mesothelioma attorney have the backing of a good law firm, with others that can take over the case in the event of illness, or is your attorney a one man band. You are better to have a group of people helping you than a individual with this type of case.
4. Is your case being handled as an individual case or as as part of a class action. Class actions can save a lot of trouble, but can also result in a lower level of compensation - not always though, so discuss it with others who may have been involved in both before making a decision.
2. Have they had previous successes in such cases, and what level of compensation have the succeeded in achieving?
3. Does your mesothelioma attorney have the backing of a good law firm, with others that can take over the case in the event of illness, or is your attorney a one man band. You are better to have a group of people helping you than a individual with this type of case.
4. Is your case being handled as an individual case or as as part of a class action. Class actions can save a lot of trouble, but can also result in a lower level of compensation - not always though, so discuss it with others who may have been involved in both before making a decision.
These are some of the aspects of your case that should be
discussed with your solicitor. However, once you have considered everything
related to your claim, you will always have to fall back to one simple
decision. Who is to be your mesothelioma attorney and what instructions are you
going to give.
For more information on how to choose your mesothelioma
attorney visit
http://www.welshhealth.com/Mesothelioma/mesothelioma-attorney.html where you
will also find more details of the disease.
Article Source:
http://www.articlebiz.com/article/16113111-1-the-importance-of-your-mesothelioma-attorney/
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