If you received a diagnosis of mesothelioma, you might feel overwhelmed, frightened, and anxious regarding your next steps. Many patients who develop mesothelioma did so because of their previous exposure to asbestos. The asbestos fibers settled into the lining of the lungs and other organs, where the damage they cause to cells can remain dormant for decades before, without warning, cancerous cells begin to replicate.
If you are unsure when your exposure to asbestos might have occurred, a New York mesothelioma lawyer can help. Call Pintas & Mullins Law Firm today at (800) 794-0444 to discuss your case with a team member who can help you understand your legal right to pursue compensation for your injuries and losses.
The Link Between Asbestos and Mesothelioma
According to the Environmental Protection Agency (EPA), asbestos is a mineral fiber found in the ground that is a known carcinogen. The American Cancer Society explains how mesothelioma can develop in the lining of the lungs, heart, abdomen, or testes, and almost 80 percent of all mesothelioma patients experienced exposure to asbestos.
Asbestos fibers settle into the lining surrounding a person’s internal organs when inhaled or swallowed and can remain there for decades. If a person has had exposure to asbestos in their past, they are at risk for developing mesothelioma in their lifetime.
Many people wonder whether they had exposure to asbestos that ultimately resulted in their mesothelioma diagnosis. According to the journal Annals of Translational Medicine, many workers in specific industries may have had exposure to asbestos without their knowledge. Some of these industries include:
- Asbestos mines and processing plants
- Shipbuilding and shipyards
- Power plants
- Chemical plants
- Auto mechanics (typically prior to the 1980s)
- Boiler workers
- Insulation manufacturers
- Military personnel (especially Navy)
- Home renovation companies
- Asbestos removal workers
A New York mesothelioma lawyer can help you determine which company or products might have exposed you to asbestos.
Secondary Asbestos Exposure
Many family members of those workers exposed to asbestos at work can also face an increased risk of developing mesothelioma over their lifetime. Unfortunately, if a family member hugged or touched the clothes of a worker in one of the above-mentioned industries, asbestos fibers stuck to them could easily travel through the air, where a loved one could inhale them.
These secondary exposures could also cause mesothelioma and often occur in communities and neighborhoods where many workers processed or mined asbestos. However, it is important to note that simply because a person has had any exposure to asbestos during their life does not mean that they will absolutely develop mesothelioma.
The Link Between Talc and Mesothelioma
Another cause of mesothelioma that involves asbestos comes from the use of talc-containing products. Because talcum powder and other products have the mineral talc in them, they can also contain asbestos. Talc mines and asbestos mines are often neighbors in the ground, so when miners removed talc from the earth, it usually had asbestos fibers within it.
Researchers found talc particles inside ovarian tumors near the peritoneal lining of the abdomen as early as 1971. Research published in the Journal of Occupational and Environmental Medicine shows a possible link between the use of asbestos-contaminated talcum powder and mesothelioma.
If you develop mesothelioma, you might want to contact a New York mesothelioma lawyer to learn how they can help ensure your legal rights remain protected. Call the team at Pintas & Mullins Law Firm today to get started with a free case review.
Compensation for Mesothelioma Claims
Every claim regarding mesothelioma will have its own set of facts and circumstances. However, you could have substantial costs associated with your mesothelioma diagnosis. The following are some of the types of compensation you might have the legal right to pursue if you develop mesothelioma.
If you receive a mesothelioma diagnosis, you will likely incur medical bills that include:
- Diagnostic testing
- Radiation therapy
- Prescription medications
- Costs for travel related to your medical appointments
You may even claim the costs of a new bed to relieve your pain and suffering or hiring a housekeeper to help you if you become unable to perform daily household tasks. You have the legal right to pursue compensation for all medical expenses related to your mesothelioma treatment and recovery.
After a diagnosis of mesothelioma, you could miss significant time at work, resulting in lost income. You could file a claim for your missed wages, bonuses, promotions, employee benefits, retirement benefits, and more. If you cannot return to the same job after your diagnosis, you might also claim for reduced earning capacity.
Pain and Suffering
While the formulas for calculating pain and suffering can often account for many different factors, you might have the legal right to pursue pain and suffering compensation related to your mesothelioma claim.
Every compensation package and settlement award that a mesothelioma victim receives will depend on the facts and circumstances surrounding their case. A New York mesothelioma lawyer can review your case, determine the full value of the damages caused by your diagnosis, and fight for the justice and compensation you deserve.
Statute of Limitations for Mesothelioma Lawsuits
New York CVP § 214 sets a three-year time limit for personal injury lawsuits, while CVP § 214-C establishes that the clock does not start on injuries caused by asbestos exposure until you receive your diagnosis. This section is important because of the lengthy period from exposure to diagnosis—anywhere from 20 to 60 years, according to the Mayo Clinic.
Consider Visiting with a New York Mesothelioma Attorney
Many patients who receive a diagnosis of mesothelioma suffered exposure to asbestos from a long-ago event or use of products containing asbestos. Many companies knew that their industry or products would expose workers, families, and customers to asbestos, yet failed to warn the public of the dangers. If you received a mesothelioma diagnosis, consider visiting with the legal team at Pintas & Mullins Law Firm. Call us today at (800) 794-0444 to learn how a New York mesothelioma lawyer can help you recover compensation for your treatment and recovery.