Mesothelioma is an incurable form of cancer that most commonly results from exposure to asbestos, often by inhaling asbestos fibers in a work-related environment. When you or a loved one develops mesothelioma, the results can become devastating—and in some cases, fatal. You may qualify for compensation from the companies that exposed you to asbestos.
You pay nothing upfront when you hire a Vermont mesothelioma lawyer from Pintas & Mullins Law Firm to represent your interests in any legal action. We do not receive any legal representation fees unless you recover compensation for your injuries and related losses. You can learn more about your legal rights to compensation by contacting our team today at (800) 794-0444.
Asbestos Exposure and Mesothelioma
Mesothelioma occurs almost exclusively when workers inhale asbestos, bundles of natural mineral fibers that separate into durable threads. Many industries used this material because of asbestos’ natural resistance to fire and corrosion, including railroads, mining, and paper mills. Individuals also may have had contact with asbestos while serving in all branches of the military.
Exposure to asbestos and materials or buildings containing asbestos leads directly to mesothelioma, particularly if the exposure occurs regularly over a long period. Asbestos fibers can embed themselves in the linings of the lungs, stomach, or heart, causing the cells to turn cancerous. Mesothelioma is incurable and ultimately fatal, with the American Cancer Society explaining that individuals who develop malignant mesothelioma have only a 10 percent chance of surviving five years after diagnosis.
Despite the many efforts by state and federal regulatory agencies to halt asbestos use altogether, the Centers for Disease Control and Prevention (CDC) reports that illnesses and diseases that develop from asbestos use remain a public health threat. These regulatory measures, along with increased awareness of the hazards of working and using asbestos, have not decreased the annual number of asbestos-related deaths in the U.S. Instead, the number of these deaths has continued to increase, as it often takes years for individuals to develop the disease after their exposure to asbestos.
Liability for Mesothelioma
Various parties may have potential liability in mesothelioma-related personal injury and wrongful death claims. These parties can include asbestos companies, manufacturers of asbestos materials, and employers who used asbestos products, depending on how your exposure occurred. All these parties may have responsibility for the asbestos exposure that led to your rare and incurable form of cancer.
You could seek compensation from some or all these parties because of your diagnosis. For instance, if you inhaled asbestos while working for a specific employer, that employer may have liability in a mesothelioma claim. Likewise, if you regularly used materials that contained asbestos in the workplace, then the manufacturer of those materials could face liability.
To prove liability in a mesothelioma claim, you generally must prove:
- The responsible parties owed a duty to keep you safe and were aware of the dangers of asbestos exposure.
- They breached that duty of care by knowingly exposing you to asbestos and failing to warn you of its presence or protect you from exposure.
- Asbestos exposure directly caused you to develop mesothelioma.
- You have experienced financial losses due to your diagnosis.
Holding these companies liable for their failure to protect you from the hazards of asbestos may deter this wrongful behavior in the future so that others will not suffer a similar fate. Obtaining a financial award for your injuries also can give your family a measure of stability during this uncertain and challenging time in your lives. You can learn more by consulting a Vermont mesothelioma lawyer for advice. Call Pintas & Mullins Law Firm today for a free case review with a team member.
Statute of Limitations for Mesothelioma Claims
A statute of limitations is a time limit on filing legal action. Every state has different statutes of limitations for claims related to mesothelioma. If you or a loved one has developed mesothelioma or another asbestos-related disease, you generally have three years from the date of your diagnosis to file your claim under 12 V.S.A. § 512.
If your loved one passed away due to mesothelioma, however, the statute of limitations is shorter. Under 14 V.S.A. § 1492, surviving family members must file wrongful death claims within two years of their loved one’s death.
Mesothelioma claims also have a sense of urgency because you likely need help with your medical bills and living expenses now, not years in the future. Waiting too long to pursue your claims also could result in death from this incurable disease before your case goes to trial. If you delay, you could miss out on the opportunity to hold negligent entities responsible for their actions in causing your illness.
Missing either of these deadlines can result in your inability to seek compensation for your losses. Since you only have a limited time to act following a mesothelioma diagnosis or death, contacting legal counsel as quickly as possible is advisable. Taking this step allows a mesothelioma attorney sufficient time to gather evidence and file your claim.
Get More Information About Your Legal Rights to Compensation
A diagnosis of mesothelioma, whether for yourself or a family member, is life-altering. You likely will be unable to work and need extensive medical care. Although no amount of compensation will cure this disease or diminish its impact on you and your family, financial support can ease significant pressures and fund necessary medical treatment. A Vermont mesothelioma lawyer can focus on your personal injury claim while you give your undivided attention to your family and your health.
The lawyers and staff at Pintas and Mullins Law Firm can take on some of your many burdens by handling your mesothelioma claim. By calling our team today at (800) 794-0444, you can get more information about your legal rights to compensation without paying any money upfront for our services. You will not owe any fees unless you receive a settlement or damages award in your case from the parties responsible for your medical condition.