Wednesday, September 10, 2008

Mesothelioma and Litigation - How to Get Cash For Asbestos Lung Cancer Palliative Care

Mesothelioma is a particularly nasty form of lung cancer, and mesothelioma litigation is increasingly being used as a means of getting cash for asbestos lung cancer palliative care. Without it, many families would not be able to afford professional care for their loved ones, and would have to tend for them themselves at the worst possible time for them and for the patient.

Incidences of mesothelioma asbestos lung cancer are steadily increasing, which indicates just how insidious this disease is. Caused by inhalation of asbestos fibers, the symptoms can take upwards of 40 years after exposure to appear, and may people who suffer do not even remember being exposed to the substance. It does not take much exposure, and many cannot understand the diagnosis when it is available because they cannot remember ever being exposed to asbestos.

There are no known 100% effective conventional medical treatments for mesothelioma, and the prognosis is generally bad. However, there are several things that can be done to alleviate pain and make the patient's life more comfortable. While drugs can help, hospice care is an option that takes pressure of the family and provides a comfortable environment for the patient. However, these alternatives can be expensive and if responsibility can be placed on an employer for the exposure that ultimately led to the disease, then compensation can pay for the palliative care.

This is not seeking charity, but rather making those responsible pay for the treatment. A high level of compensation will be needed to pay for the treatment and care needed, and in order to achieve this result you will require the services of a good mesothelioma attorney. Any lawyer will not do due to the specialized knowledge needed to persuade judges and juries that there very few causes of asbestos lung cancer other than exposure to the fibrous silicates that make up asbestos.

The compensation awarded can be very large, although smokers will receive less since their habit can be construed as contributing to the disease. Mesothelioma is not just another word for asbestos cancer, but is in fact a cancer of the mesothelium, a membrane that lines many body cavities, including the thoracic, or chest cavity. The lining of the lungs is called the pleura, so mesothelioma refers to any form of lung cancer involving that membrane. In fact 80% of mesothelioma cases are caused by smoking.

It is therefore very difficult for smokers to blame asbestos exposure for mesothelioma unless they have been working with asbestos. However, a good asbestos attorney should be able to secure a reasonable level of compensation, even for a smoker. It will be a fight though, since the asbestos companies and employers that required employees to work with the substance are aware of the high levels of compensation being awarded, and now actively fight such cases.

When you consult a law firm with a view to instructing them to fight your mesothelioma case, you should insist on talking with the attorney that will be handling your case. You can then discuss your strategy, and you can make sure that your attorney has had previous success with such cases. You don't want to retain a loser!

Ask questions, and determine the success rate of your prospective attorney in such cases. He or she must also appreciate your condition and understand how you feel, so that they can fight your case properly. Nothing can beat experience in a mesothelioma asbestos cancer lawsuit, so make sure that you get the best you can afford. Better still: tell them their fee depends upon them winning!

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