Mesothelioma is a rare but deadly cancer that can attack the lungs, heart, abdomen, and testicles. About 3,000 people per year are diagnosed with mesothelioma, according to the American Cancer Society. Some patients with mesothelioma live for only one year after diagnosis.
The primary cause of mesothelioma is exposure to asbestos, and the manufacturer or seller of asbestos products or the employer who asked you to work with them could be liable for your losses. There are known sites of asbestos exposure in West Virginia and companies in West Virginia who have been liable for asbestos exposure in the past. If you or your loved one has been exposed to asbestos and suffered from this disease, you can receive compensation.
A West Virginia mesothelioma lawyer may be able to help you recover compensation. Contact the team at Pintas & Mullins Law Firm to find out about liability for asbestos exposure. Schedule a free consultation today by calling (800) 794-0444. Since we work on contingency, you will never owe us anything unless we can earn a settlement for you.
Asbestos Exposure and Mesothelioma
Widespread asbestos use began in the shipping, manufacturing, construction, and other industries from the early 20th century until the 1980s. This natural mineral was popular because of its durability and resistance to heat, so it was used to create a great amount of equipment and buildings. However, the inhalation of asbestos fibers can cause mesothelioma and other serious lung diseases and health issues.
While the use of asbestos is now highly regulated, some companies continued to use asbestos after discovering its health risks to protect their financial interests. According to the Centers for Disease Control and Prevention (CDC), mesothelioma can remain latent (showing no symptoms) in a person’s body for more than 70 years. Even if you or your loved one’s exposure to asbestos was many years ago, you may still be able to hold the employer, manufacturer, seller, or other responsible party liable for your suffering.
There are various types of exposure to asbestos, including direct exposure, secondhand exposure, bystander exposure, environmental exposure, and household exposure. Some of the high-risk occupations for mesothelioma due to asbestos exposure include:
- Aircraft and motor vehicle mechanics
- Coal miners
- Military veterans
- Power plant workers
- Construction workers
- Railroad workers
While chemotherapy, radiation, and surgery can sometimes help victims of mesothelioma, the costs of these treatments can be prohibitive, even with health insurance. Recovering financial damages through an asbestos claim or mesothelioma lawsuit could help you and your family fight this disease or recover after the loss of a loved one.
After the dangers and consequences of asbestos exposure became known, trust funds were set up to help victims and their families. A lawyer may be able to help you access these funds by filing a lawsuit or an insurance claim, or they could advise you whether a personal injury or wrongful death lawsuit may be more appropriate for your situation.
The state of West Virginia divides recoverable damages in civil lawsuits into three categories: compensatory damages, general damages, and punitive damages. Compensatory damages are economic ones that can be calculated exactly, such as:
- Medical expenses
- Funeral expenses
- Lost wages
- Lost benefits
- Other out-of-pocket expenses
General damages, on the other hand, are non-economic and cannot be calculated to an exact dollar amount. There is often a limit in this type of damages. Examples of general damages include:
- Physical pain and suffering
- Mental anguish and emotional distress
- Loss of quality or enjoyment of life
- Loss of companionship or consortium
- Cognitive difficulties
You may also be able to receive punitive damages, which are an amount the court believes will punish the defendant for their responsibility in causing harm.
A West Virginia mesothelioma lawyer may be able to help you with your case and help receive compensation for you or your loved one’s mesothelioma. The laws regarding asbestos exposure and liability can be complicated, but a lawyer could help you identify your exposure risks, who could be liable, and fight for you to receive the compensation you deserve. Reach out to the team at Pintas & Mullins Law Firm to begin getting help.
The Statute of Limitations May Affect Your Case
The statute of limitations is state laws that determine how long you can pursue legal action after a wrongful event occurs. According to WV Code § 55-2-12, the statute of limitations for personal injury cases, including wrongful death lawsuits (WV Code § 55-7-6) in West Virginia is two years. You typically cannot recover any damages after that time limit has passed.
Some trust fund eligibility claims may also be subject to these statutes. There can also be rare exceptions to the statute of limitations, so if you are not sure if your case is still within the limit or even if more than two years have passed, you can still reach out to a West Virginia mesothelioma lawyer to learn more about your legal options.
The Team at Pintas & Mullins Law Firm Is Here for You
A mesothelioma diagnosis can be devastating for family members as well as the direct victim. Receiving compensation from the person or entity liable for you or your loved one’s exposure to asbestos may help you to recover emotionally as well as financially.
A West Virginia mesothelioma lawyer could be able to help you receive compensation by identifying the exposure to asbestos and liable parties, gathering evidence, and filing a personal injury lawsuit or a wrongful death lawsuit for asbestos exposure on your behalf. They can manage all the necessary communication and documentation so you can focus on recovery.
Call our legal team (800) 794-0444 to begin your fight for justice. Pintas & Mullins Law Firm operates on a contingency fee basis, so you will never pay any fees up front, and we will only take our commission if we can negotiate a settlement for you.