Medical professionals who work with mesothelioma patients note the link between asbestos exposure and this aggressive cancer. While the dangers of asbestos are well-known throughout the United States, it remains legal for automotive parts manufacturers, shipbuilders, and aircraft builders to use under Environmental Protection Agency (EPA) regulations.
That said, a Tennessee mesothelioma lawyer can help you pursue legal action against a company if you believe their use of asbestos or asbestos-related products contributed to your mesothelioma diagnosis or the diagnosis of a loved one. If you would like to understand your avenues for compensation better, you can reach out to the team at Pintas & Mullins Law Firm at (800) 794-0444.
Determining Fault and Liability in Tennessee
As mentioned, you can still find asbestos and asbestos-related products on public and private property in 2020. Products that include asbestos are often sold off-market for a reduced price, making them appealing for people who do not know what they contain or rely on inexpensive housing materials. Home renovators may also encounter asbestos when tearing out old fixtures made with this carcinogen.
Some common construction materials that include asbestos include:
- Home flooring
- Insulation foam boards
- Untested paint
- Electrical wiring
- Roofing materials
You could also experience household exposure from trace amounts of asbestos in store-bought soils or car parts you purchase to work on your vehicle.
However, you more likely encountered asbestos in the workplace. Tennessee is home to numerous manufacturers and military installations that used asbestos in their products and processes. If these companies did not warn you of possible exposure or provide personal protective equipment to guard against inhaling or ingesting airborne asbestos fibers, you could hold them liable for mesothelioma you develop as a result.
The consequences of asbestos exposure are severe, even if that exposure was unintentional. When you breathe in asbestos, you can develop scarring in the lining of your lungs, abdomen, and heart. Those scars can worsen with continued exposure to the point where you might develop mesothelioma, a rare and aggressive cancer with only an overall 10 percent chance of surviving five years after diagnosis, according to the American Cancer Society.
A Tennessee mesothelioma lawyer can work with you to address the legal concerns behind a mesothelioma diagnosis. Together, you can identify how your asbestos exposure occurred and what parties you could hold liable for your expenses while pursuing mesothelioma treatment.
The most common parties responsible for the continued use of asbestos and asbestos-related products, despite their known dangers, include:
- Property owners who fail to renovate or remove dangerous materials from their properties
- Construction companies purchasing and using asbestos products
- Manufacturers who produce and sell products that contain asbestos
Fighting Mesothelioma Cases with a Tennessee Mesothelioma Lawyer
You do not have to fight for compensation after a mesothelioma diagnosis alone. A Tennessee mesothelioma lawyer with Pintas & Mullins Law Firm can work with you while you recover, gathering evidence and crafting a complaint to file with a local court.
TN Code § 28-3-104 gives you one year from your mesothelioma diagnosis or the date of wrongful death from mesothelioma to file a complaint against the at-fault party for your condition. In this complaint, you must include evidence to back up your claim. This proof can include:
- Documents noting the presence of asbestos in a building you frequented.
- A homeowner or property owner’s purchasing of asbestos-related products.
- Employment records demonstrating the use of asbestos in manufacturing.
- Medical records showing when you received your diagnosis and your prognosis.
- Medical bills incurred while seeking treatment for asbestos-related mesothelioma.
The Many Paths Towards Compensation
In your mesothelioma lawsuit, you can present your potential avenues for compensation, which could include:
- Medical expenses that you have incurred while pursuing treatment
- Medical procedures and equipment you might need to restore your previous quality of life
- Pain and suffering
- Psychological counseling related to your diagnosis
- Wrongful death
- Funeral costs
You might decide to settle a mesothelioma case outside of the courtroom. If you reach out to the party you believe has liability for your damages, they might choose to offer you a settlement that covers your medical expenses and other losses. Sometimes, these parties reach out to you first with an offer.
Before accepting any settlement offer, you can take it to a Tennessee mesothelioma lawyer for analysis. They can determine whether the proposed agreement attends to all your needs (both current and future) and discuss alternative avenues for compensation that might have gone unaddressed.
If you determine that you would like to pursue more compensation than what the other party offered, a personal injury lawyer can negotiate with them. If settlement talks prove fruitless, an attorney can argue your case before a judge and jury.
Your Resources Stay Yours
Whether you develop mesothelioma or must watch a loved one struggle with this diagnosis, either situation can drain you both emotionally and financially. As such, you could feel reluctant to pursue legal action for fear of the cost you might incur and the mental toll that litigation could take.
The team with Pintas & Mullins Law Firm recognizes this natural reluctance. To ease your concerns, we work on contingency, meaning we do not collect payment for services rendered unless you recover compensation for the damages you have incurred. We would then receive a percentage of your settlement instead of a cut of your family savings, allowing you to continue dedicating those means to medical or other expenses.
A Tennessee Mesothelioma Lawyer Can Help You Work Through Your Case
Mesothelioma is a fast-acting cancer. You and your loved ones might want to dedicate your full attention to recovering. While you do, a Tennessee mesothelioma lawyer can help you understand who you could hold liable for your injuries and what compensation you might qualify to recover.
You can discuss your case with the team at Pintas & Mullins Law Firm by calling (800) 794-0444. The initial consultation is free, and you are under no obligation to work with us.