A mesothelioma is a rare form of cancer that develops in the tissue that forms the lining around your organs. It is fast-growing and aggressive, and it has proven difficult for doctors to treat successfully.
The leading cause of mesothelioma is exposure to asbestos, and the Centers for Disease Control and Prevention (CDC) continues to record a significant number of deaths every year due to this cancer. Early intervention is the key to successful outcomes, as the American Cancer Society reports a 20 percent five-year survival rate at its earliest stage that drops to eight percent once it has metastasized.
No matter at what stage you receive your diagnosis or your prognosis for recovery, you can hold the party that exposed you to asbestos responsible for any damages you incur.
If you or a loved one received a mesothelioma diagnosis, you might qualify to receive compensation. Before you decide to take legal action, you might want to consult an Arkansas mesothelioma lawyer to determine your best course of action. Contact Pintas & Mullins Law Firm today at (800) 614-2067 to learn more about your options during a free case review with a team member.
Defining Mesothelioma
The Mayo Clinic explains how doctors believe mesothelioma develops after asbestos fibers that become trapped in the lungs or abdomen after inhalation or ingestion begin to irritate the lining around your organs. According to the CDC, more than 26,000 people died of mesothelioma between 2001 and 2010. The American Society of Clinical Oncology (ASCO) reports that asbestos exposure causes up to 80 percent of mesothelioma cases.
Mesothelioma is an aggressive type of cancer, which makes it challenging to treat successfully. Its symptoms mimic the signs of other more common diseases, making it difficult to diagnose in the early stages and compounding the challenges of successfully managing it.
Early detection and medical intervention are the keys to minimizing the potential damage that it can do. If a doctor mistakes its symptoms and delays initial treatment, the more limited the treatment options become later. The cost of treatment also significantly increases as the disease progresses.
Determining Liability
When you file a mesothelioma lawsuit, you do so hoping to collect monetary compensation from the person or company responsible for your injuries by exposing you to asbestos. You can seek compensation for any expenses related to your treatment and recovery.
The key to any personal injury case, including a mesothelioma claim, is to determine liability for your damages. Manufacturers who used asbestos in their products—such as automobile parts or insulation for construction projects—shipbuilders, and other industrial companies could have liability for your injuries. The team at Pintas & Mullins Law Firm has compiled a database of asbestos-related products and businesses that we can reference in determining who might have responsibility for your exposure.
Another possibility for compensation could arise if you have evidence that a physician could have successfully diagnosed mesothelioma, given the available evidence. If they failed to exercise the recognized level of care an ordinary person would expect when working with a potential mesothelioma patient, you could file a medical malpractice case against the oncologist and the medical facility where they practice.
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Possible Compensation
Treatment for mesothelioma can quickly become expensive. If discovered at a localized stage, a standard treatment method is a surgery to remove the cancerous cells before they can metastasize (spread).
Once the cancer cells move to other areas of the body, a doctor will likely recommend other treatment options. Chemotherapy and radiation treatments have proven effective in killing mesothelioma cancer cells. However, these treatments can have side effects.
The cost of these treatments is high. Combined with hospital stays, follow-up care, specialist visits, diagnostic tests, and related expenses, you might find it challenging to afford the cost for your mesothelioma treatment. This challenge could become more significant with a delayed diagnosis since you will need more invasive surgery and higher dosage chemo or radiation therapy.
In addition to your rising medical bills, mesothelioma treatments might keep you away from work for a while, costing you income, bonuses, promotions, and other work benefits. You also might experience intense pain and suffering due to the physical and mental toll that cancer exacts on its victims. An Arkansas mesothelioma lawyer can ask for all these damages in your lawsuit.
Statute of Limitations
In Arkansas, the statute of limitations on personal injury cases is three years, while the deadline for medical malpractice lawsuits is two years under A.C.A. § 16-114-203. In most situations, if you fail to file your lawsuit before the statute of limitations runs out, a court will automatically dismiss your case, but some exceptions exist. A mesothelioma lawyer can discuss your options and review whether your case falls under any of these exceptions. Call Pintas & Mullins Law Firm today to get started.
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Reasons to Hire a Lawyer
Most corporations have liability insurance plans and high-powered defense attorneys ready to defend them from asbestos-related mesothelioma claims. Likewise, many physicians and medical facilities have malpractice insurance policies. Either way, you will have to fight against these powerful groups to recover the justice and compensation you deserve for your injuries.
Rather than taking them on alone, you can hire an Arkansas mesothelioma lawyer to fight alongside you. Your lawyer can negotiate a settlement with the insurance company, as most mesothelioma cases end in a settlement agreement. They can accurately calculate the amount of compensation that you will need throughout your recovery, including your future expenses. They can also work with mesothelioma trust funds if the company responsible for your asbestos exposure filed for bankruptcy. Finally, if they cannot reach an agreement, your attorney can take your fight to court and argue on your behalf.
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Contact Us Today
A mesothelioma diagnosis can prove overwhelming. However, you can act to protect your finances from the devastating costs of treating this ruthless cancer. You can consult an Arkansas mesothelioma lawyer about your legal options to pursue compensation from any party liable for your damages, whether a company that exposed you to asbestos or a doctor who failed to detect mesothelioma before it metastasized. Contact Pintas & Mullins Law Firm today at (800) 614-2067 to schedule a free consultation with a team member.
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