Mesothelioma is an aggressive and deadly cancer that attacks the lungs and the lining of the chest cavity. According to the Centers for Disease Control and Prevention (CDC), the median length of time people survive after a mesothelioma diagnosis is only one year. The only certain cause of this terrible disease is asbestos exposure.
If you suffer from mesothelioma in the state of Maine or you are an heir of someone who died from mesothelioma, and you believe the cancer was caused by exposure to asbestos, you could be able to receive compensation. A personal injury lawsuit or wrongful death lawsuit could help you to obtain payment for your losses and suffering.
Learn more about mesothelioma due to asbestos exposure and how you may be eligible for compensation by consulting a Maine mesothelioma lawyer. The team at Pintas & Mullins Law Firm can investigate your case, gather evidence, and file a lawsuit on your behalf. Call (800) 794-0444 today to schedule a free consultation. Since we work on contingency, you will not pay anything unless we can earn a settlement for you.
Mesothelioma and Asbestos Exposure
Asbestos is a natural mineral fiber that is durable and heat-resistant, so it was used for many years in construction and manufacturing. After the widespread use of asbestos, it was discovered that inhalation of asbestos fibers damages the lungs and can cause mesothelioma and other diseases.
Shipyards, power plants, paper mills, factories, and insulation in all kinds of buildings are known sites of asbestos use and exposure in Maine. Now that its health risks are known, the use of asbestos is strictly regulated, but mesothelioma may not manifest symptoms until decades after a person suffers exposure to asbestos. The disease can remain latent for up to 70 years, so even if your asbestos exposure occurred a long time ago, you could still be eligible to receive compensation.
If you believe that you or your loved one’s mesothelioma is due to exposure to asbestos because of the negligence of an employer, manufacturer, retailer, or another responsible party, you may be able to recover damages for your losses.
You and your family should not have to suffer further from exposure to this dangerous substance. A Maine mesothelioma lawyer may be able to help you with your case.
Liability for Asbestos Exposure and Mesothelioma
If you suffer from mesothelioma or your immediate family member died from this disease, and you believe someone else is to blame for your exposure to asbestos, it is likely that you can receive compensation for your losses through a personal injury lawsuit.
Maine follows a modified comparative negligence statute, Title 14 §156, in determining liability for personal injury and wrongful death cases. This law means that even if a person is partially responsible for their own injuries, they can still recover a portion of the damage, less the percentage that is their own fault. For example, if you are 10% at fault for your contraction of mesothelioma, you would receive 90% of the total damage award. However, someone who is 50% or more at fault cannot recover any damages.
Because of this modified comparative negligence rule, it is especially important to show the fault of the party liable for your mesothelioma in order to receive compensation. Asbestos exposure cases are usually against employers who asked their employees to work with the substance and/or manufacturers who created asbestos products.
A Maine statute regarding special provisions for asbestos-related diseases, Title 39-A § 614, states that the last employer a person worked for while injuriously exposed to asbestos may be liable to provide compensation.
Proving someone else’s liability for you or your loved one’s mesothelioma diagnosis can be challenging, but the lawyers at Pintas & Mullins Law Firm do not shy away from tough cases. Our Maine mesothelioma lawyer may be able to help you with your case.
Recoverable Damages
Filing a personal injury lawsuit for mesothelioma due to asbestos exposure could help you and your family to recover compensation for your losses. Possible damages that you could recover through a personal injury lawsuit in Maine include:
- Medical expenses
- Lost wages
- Lost future earning capacity
- Pain and suffering
- Loss of comfort
- Loss of society and companionship
- Emotional distress
- Loss of consortium
You should pursue damages through a personal injury lawsuit because you should not have to pay the expenses of something that was not your fault.
The Statute of Limitations May Affect Your Case
Statutes of limitations are state laws that dictate when you can bring a lawsuit for certain actions. According to Title 14 § 752, the statute of limitations for all personal injury cases in Maine is six years, unless otherwise specified. If you wish to file a wrongful death suit for your loved one, the statute of limitations is two years, according to Title 18-C § 2-807.
Maine has specific regulations regarding asbestos, so it may be helpful to consult a Maine mesothelioma lawyer to be sure you know your legal options and whether you are in a timeframe to recover any damages.
Pintas & Mullins Law Firm Is Here for You
A Maine mesothelioma lawyer may be able to help you and your family recover from a mesothelioma diagnosis by pursuing damages through a personal injury or wrongful death lawsuit. Let the team at Pintas & Mullins Law Firm take on your case so you can focus on healing while we try to get you the settlement you deserve.
To prove your asbestos-related mesothelioma case, we can identify your exposure risks and known sites of asbestos exposure in Maine, obtain and review your medical records, gather evidence, file claims with the appropriate parties, manage all the necessary communication and documentation, and firmly negotiate for you to receive a fair settlement.
Call (800) 794-0444 today for a no-cost, no-obligation consultation with Pintas & Mullins Law Firm. We operate on contingency, so you will never owe us anything unless we can recover compensation for you.