Mesothelioma Articles

Mesothelioma – The Cold Hard Facts

There are three major different types of asbestos in North America and it’s hotly debated whether one or all of them can cause a mesothelioma. Fiber size and all kinds of technical, scientific issues pop up in mesothelioma cases. Before you go to court, you need a lawyer with experience in the medicine and science of mesothelioma. It’s important that you have someone that has experience with the history of asbestos, because it was known a long, long, long time ago how dangerous asbestos was. You have got to win the case, explain to the jury the history of what was known and when it was known, to hold these companies liable. And you don’t just get to walk into the courtroom and say, “Hey, this is a meso case, give us a bunch of money.” You have to prove the history of why these products were used, and what the companies knew about how dangerous they where, what scientific material the company had available that the worker didn’t know about, and how they failed, year after year after year, to tell the workers this stuff is deadly. Make sure you have a lawyer who has experience actually trying a …

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Don’t Wait Two Years- Evidence Disappears

You may have two years to file a lawsuit, but trust me when I say that you don’t want to wait that long to call an attorney. The fact of the matter is- evidence disappears. The longer you wait to call, the harder and harder it gets to bring your case. It doesn’t matter what type of case it is; tractor trailer, coal mining or mesothelioma. You need to call The Segal Law Firm as soon as you’ve been in accident so that we can make sure critical evidence doesn’t disappear right out from under you. Tractor Trailer Wrecks If you’ve been in a tractor trailer accident, it’s imperative that you or a family member call us immediately after you wake up in the hospital. We’re going to want the black box from the truck, the driver’s log books, the GPS information and the home office data about where the truck was and how fast it was going. Those are all pieces of evidence that are going to disappear pretty quickly it you’re sitting around waiting for two years to give us a call. Coal Mining Accidents When it comes to coal mining accidents, we’ve got to be a part …

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The Statute of Limitations for Injury or Diagnosis

Two years sounds like a lot of time, right? Well, it’s not when we’re talking about filing a personal injury lawsuit. If you have been seriously hurt or killed in an accident, generally speaking, you or your family have two years from the time of the accident to take action. Does that mean you should sit around and wait those two years before you call an attorney like The Segal Law Firm? Absolutely not. It will take most of that time to develop your case and make sure evidence isn’t destroyed. Call us right away so that we make sure you are on the right track to the money you deserve. This two year statute of limitation applies to any type of accident or diagnosis; motor vehicle, tractor trailer, workplace, coal mine or mesothelioma. But let me specify that this time frame only applies to adults. If you have a child who has been injured or diagnosed with a disease, the rules are a little bit different. One set of rules will apply to you and another will apply to your child. For instance, you may have five to ten years to file a case for your child, but all …

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How Soon to Call After a Mesothelioma Diagnosis?

Finding out that you have developed mesothelioma is one of the most difficult things you’ll ever hear. And it’s also a day that is going to be incredibly important, moving forward, for you and your family. You’ve got two years from that date to file a lawsuit against the company or companies that exposed you to the asbestos, which led to your developement of the disease. That’s why it’s crucial that you call us at The Segal Law Firm right away when you’ve learned of your diagnosis. We have the past experience trying mesothelioma cases to know what you need to do to protect your family. The statute of limitation for filing a mesothelioma case is very clear: two years from the diagnosis. This can be one that was given to you by the pathologist who looked at your lung tissue or the doctor who signed off on your chart. In some cases, people may not find out until two or three days after diagnosis, if they are in recovery from surgery. You’ve got to call an attorney immediately so that we can help you figure out the exact date. It’s also important to do sooner rather than later because …

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How Did I Get Mesothelioma?

Here at The Segal Law Firm we have a lot of experience working with mesothelioma clients, most of them being industrial workers who have worked in power houses or chemical factories over the years. But it doesn’t stop there. The asbestos used in these plants was so toxic, that it affected not only the workers, but their spouses and children as well. We’ve also seen multiple cases at the firm where the victim has no idea why they are infected and how it happened. It’s our job to figure that out. One of the first things you should do if you get a mesothelioma diagnosis is contact an attorney, even if you don’t know how you were exposed. For example, I got a call from a physician who had developed mesothelioma and had no idea how it was possible. I started asking him questions and it turns out, for two summers he worked at steel mill to pay his way through medical school. Two summers! That’s all it took for the asbestos to infect him. Another client was a professor at a university. Sure enough, he worked one summer at a chemical factory scraping old asbestos off factory pipe. Because …

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I’ve Been Diagnosed With Mesothelioma- Now What?

Most people who come to me with a mesothelioma diagnosis have no idea where to start processing that information. It’s usually not something they were prepared for or have dealt with in the past. At The Segal Law Firm, we specialize in dealing with mesothelioma and are completely ready to handle your case. We know the incredibly damaging effects the disease has on its victims and their families and we do our best to quickly find out where exposure occurred so that we can get our clients the help they deserve. The process of starting a mesothelioma case begins with the official diagnosis of the disease. Typically, this conclusion is drawn from a biopsy of the lining of the lung or gut, given by a pathologist. From there, it’s up to us at the firm to determine where the victims were exposed to the asbestos and whose asbestos was being used. We have depositions of thousands of workers and those statements help us figure out which specific asbestos products were used at various locations over an entire century. At that point, we want to file a notice that permits our client’s sworn statement to be taken as soon as we …

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Main Factors That Lead to a Victory in Mesothelioma Cases

How Difficult is It to Win a Mesothelioma Case? It’s not very difficult to win Mesothelioma cases because there is an enormous body of scientists who agree that the most common cause of Mesothelioma in North America is the exposure to asbestos. The question you have to ask is, how was the person exposed? Were they a pipe fitter? A boilermaker? An electrical worker? Did they work around power houses? Chemical plants? Industrial facilities where asbestos insulation was used? What Factors Lead to a Successful Verdict and Settlement? If you have a good exposure history and you know what products the person worked with or were around – you have a very high likelihood of succeeding in your case. Not all asbestos products cases are the same, not all asbestos exposure is the same. You have a very good likelihood of obtaining substantial settlements on your behalf and your family members because unfortunately Mesothelioma is a very aggressive cancer and almost always fatal. How Does the Segal Law Firm Protect a Worker and His or Her Family? We work very closely with the worker and the family to protect them and get them good settlements, sometimes in the millions of …

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Mesothelioma: How the Segal Law Firm Handles Mesothelioma Cases

Mesothelioma is an extremely aggressive cancer. It is rarely, if ever, curable and almost always fatal. The settlements range for these cases based on several critical factors. First, how was the person exposed and how many products containing the asbestos can we prove they were exposed to. How the Segal Law Firm Handles Mesothelioma Cases A critical part of what we do at the Segal Law Firm is research to help prove a client”s exposure. We have literally thousands of workers’ depositions that identify the various types of asbestos that were used in the state of West Virginia in factories, power houses, chemical plants and other industrial facilities. The disease can tragically affect people in their 50s, 60s and 70s. For much older folks, the cases are worth less because their life expectancy at the time they contracted the disease was less than it would be for an individual who is younger. Factors Affecting Settlements Generally, you see settlements in Mesothelioma cases where you have very difficult product identifications and much older people. Those cases may only settle in the high hundreds of thousands of dollars whereas younger people with good exposures – that would be people in their 60s and …

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Mesothelioma –The Cold Hard Facts

There are three major different types of asbestos in North America and it’s hotly debated whether one or all of them can cause a mesothelioma. Fiber size and all kinds of technical, scientific issues pop up in mesothelioma cases. Before you go to court, you need a lawyer with experience in the medicine and science of mesothelioma. It’s important that you have someone that has experience with the history of asbestos, because it was known a long, long, long time ago how dangerous asbestos was. What is Involved in a Successful Mesothelioma Case? You have got to win the case, explain to the jury the history of what was known and when it was known, to hold these companies liable. And you don’t just get to walk into the courtroom and say, “Hey, this is a meso case, give us a bunch of money.” You have to prove the history of why these products were used, and what the companies knew about how dangerous they where, what scientific material the company had available that the worker didn’t know about, and how they failed, year after year after year, to tell the workers this stuff is deadly. How Should you Decide on …

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Mesothelioma in West Virginia Courts and How They Move More Quickly

Some court cases take years to see the inside of a courtroom but with mesothelioma cases, things get sped up. The exigent docket or commonly referred to as the “rocket docket” is most unique and specific law that people need to be aware of. The docket basically allows mesothelioma people to get a trial within a year to two years of their diagnosis. What determines When Cases Get on the Court Docket? Basically, the case is handled by two judges – one handles one type of mesothelioma cases and the other handles all railroad mesothelioma cases. They each have dockets every few months where 20 cases are chosen for trial. The cases are prioritized by:        Are they living mesothelioma? Highest Priority        Deceased mesothelioma        Lung Cancer – living        Lung Cancer – deceased There are some other variables the judges and the lawyers use, but generally speaking, these are the most important ones. Your lawyer gets you on a docket in a year, or six months or nine months, and you’re automatically under a court order that tells you what the time frames are. What will be Required of Mesothelioma Clients? Your lawyers, if they’re experienced, should know exactly …

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