Mesothelioma Articles

Don’t Wait to File Your Mesothelioma Case

If you’ve been diagnosed with mesothelioma, finding an experienced lawyer to try your case is crucial. While you do have some time to figure these things out, you really don’t want to risk waiting too long. You have what’s called a statute of limitations, which means you only have so much time to file your suit before you become barred from ever getting the help you deserve. I don’t want want that to happen to anyone coming to me with questions, so let’s get it cleared up now. Generally speaking, you have two years from the date your doctor diagnosis you with mesothelioma. Now, remember, this is from the exact date that your medical records reflect, not when you think is might have been. You have exactly two years from that date to get your case filed in a court of law. One of the twists to this is, sometimes the diagnosis is not made until at or right before death. In this case, the family has two years from the date on the death certificate to file a claim. Once two years have passed, the family is forever barred from any legal claim. As a rule of thumb, if …

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Filing a Mesothelioma Case

When you get the mesothelioma diagnosis, your whole world is turned upside down. It may be difficult to process, but it’s incredibly important that you file your claim as soon as possible. Here in West Virginia, we have a very special procedure for victims and you need to find an experienced attorney, like The Segal Law Firm, to help get you started. The sooner you file, the better. This way, you know you are protected and there’s no doubt you’ll get the help you deserve. So, where to start? In West Virginia, we have two judges who have dedicated themselves to trying mesothelioma cases multiple times a year, normally in groups of ten to twenty. We call this the exigent docket, but many workers call it the rocket docket because if you have an experienced lawyer who knows what they are doing, your case can get to trial in a year or two. As soon as your case is selected, it will be placed on a docket and we get what’s called an administrative order. All that means is we lawyers know how much time we have to get our answers and when specific scientific reports are due. The biggest …

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I Have Mesothelioma but Never Worked Near Asbestos, Do I Have a Case?

The disease, mesothelioma, is most often associated with exposure to asbestos, even in very small amounts.  Because even limited exposures can result in the development of mesothelioma, a careful history must be taken. Mesothelioma is a cancer of the lining of the chest and/or gut.  It is a very aggressive cancer caused by many different types of asbestos fibers. At The Segal Law Firm, we have many years of experience representing people who were diagnosed with mesothelioma, but never actually worked in a trade or job where they were likely to be exposed to asbestos.  These cases are often titled “Bystander cases.” Asbestos Exposure in Many Forms The Segal Law Firm has extensive experience representing housewives and children of workers whose only known exposure was to their husband’s or father’s work clothes.  Wives and children are often exposed because they shake their husband’s or father’s work clothes before placing them in the washing machine.  This exposes them to the dust that is brought home on the worker’s clothing. Mesothelioma can take 20 to 50 years to develop after the time of exposure.  Because mesothelioma develops decades after the exposure to asbestos occurs, it is important that you speak with an …

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How Long Will My Mesothelioma Case Take in West Virginia?

The diagnosis of mesothelioma can be a very complicated and tricky one.  The Segal Law Firm only uses three experts to confirm a diagnosis of mesothelioma. These experts, known as pathologists, have international and national reputations for being able to diagnose mesothelioma and understand its causes. Who decides how fast mesothelioma cases are moved through the court system? The Mass Litigation Panel (MLP), which is a group of judges appointed by our West Virginia Supreme Court, helps move mesothelioma cases through the court system as quickly as possible.  Generally speaking, once the lung tissue has been obtained in order to confirm the diagnosis of mesothelioma, your case can be placed on a trial docket with a trial date within one year. What happens when the diagnosis has been confirmed? Once the diagnosis of mesothelioma has been confirmed, your cases will be set on a trial docket, hopefully within the same year as the confirmation occurs.  The cases are prioritized based upon whether the person suffering from mesothelioma is still living.  If so, those cases are scheduled to be tried first.  If your loved one has recently passed away and the widow and family are in need of compensation to help …

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Are Some People More Likely to Develop Mesothelioma than Others?

There is a famous saying among lawyers who do mesothelioma cases that “asbestos does not respect a job title.”  Workers from all walks of life, pipe fitters, boiler makers, mill wrights, tin knockers, carpenters, roofers, electrical workers, bricklayers, steelworkers, ironworkers, mechanics and anyone who worked as a laborer in any job in a power house, chemical plant, steel mill or facility with furnaces and high heat systems is at risk for developing mesothelioma. Even people who worked around these industrial facilities such as secretaries and office workers have been known to develop mesothelioma, years after leaving their jobs. What experience does the Segal Law Firm have in these cases? There are several different types of cases which have been successfully brought by The Segal Law Firm for people who never worked at an industrial facility or worked an industrial job a day in their life.  These cases have involved wives who washed their husband’s clothes, children who hugged their fathers when coming home from work or who would help mom shake the dust off of his overalls before they went into the laundry.  Also, looking way back 30 to 35 years, we have found a person who, although they were …

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Who is Responsible for the Cause of My Mesothelioma?

Mesothelioma is a unique cancer which affects the lining of the chest cavity and sometimes the gut. It is a very aggressive cancer and in North America is almost always linked to exposure to different types of asbestos dust. If you have been diagnosed with mesothelioma, several different companies can be held legally responsible for your damages. Who is responsible? The companies which can be held liable are the companies which manufactured asbestos­ containing products, such as pipe insulation, block insulation, gaskets, packeting and other insulation materials.  Additionally, employers and contractors who exposed their employees or other co­-workers to asbestos-containing dust may be held liable. If you worked as an employee of a contractor at a facility such as a power house, chemical plant, or steel mill, you are likewise allowed, under West Virginia law, to sue the premises (facility) owner who exposed you to asbestos-containing dust. How can the Segal Law Firm help? At The Segal Law Firm, we have over 25 years of experience determining which companies are liable to workers based upon where and when they worked.  We have, literally, hundreds of thousands of pages of documents and sworn statements to prove where specific asbestos-containing products were …

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