Have You Been Impacted By Mesothelioma In New Orleans?
Mesothelioma is a rare and aggressive form of cancer that can impact the lungs, chest, abdomen, or heart. One primary cause is exposure to asbestos, which is a naturally occurring mineral that has been used in industries such as construction, prior to regulation in the late 1970s. The Palazzo Law Firm can help if you or a loved one has been diagnosed with mesothelioma.
How is Mesothelioma Caused?
Mesothelioma is primarily caused by asbestos, which is typically consumed through inhaling dust into the stomach or lungs. It can take 20-60 years for mesothelioma to develop after asbestos exposure and most people who are exposed will not actually develop this condition. Here are some of the factors that may increase your risk of mesothelioma:
- Personal history of asbestos exposure at work or in your home;
- Living with someone who works with asbestos;
- Family history of mesothelioma; and
- Working in construction, in shipyards, and on cars.
Can I Sue?
These personal injury lawsuits can be complex, however where mesothelioma is involved there are generally two common cases – personal injury and wrongful death. The first question, beyond a diagnosis, is whether the statute of limitations has run out. A wrongful death lawsuit has a one year statute of limitation, which must be filed within one year of the death from mesothelioma of the family member. A personal injury suit must be brought within one year from when you received the diagnosis, only the victim can file this type of suit.
Who Do I Sue?
A common source of asbestos exposure is in the workplace. It is possible to sue a former employer for mesothelioma if you can prove that your exposure took place during your employment and at that place of work. For example, if you were exposed while not having the proper protective gear and making contact with materials that contain asbestos. You have a right to a safe workplace and for your employer to adhere to federal Occupational Safety and Health Administration (OSHA) standards. Where there have been exposures, OSHA requires the employer to ensure future exposure is reduced by providing proper protective equipment and using administrative controls. Further, medical monitoring of employees can be required where exposure has occurred.
Can I get Damages?
Other questions we would discuss with you at your free consultation include determining the source of asbestos exposure, which personal injury claims are appropriate, and identifying arguments for receiving a settlement. A settlement could come from a lawsuit against whoever caused the exposure, such as a prior employer. A settlement could also come from an insurance company. Insurance companies are motivated by their bottom line and tend to underpay personal injury claims. Our attorneys can help you decide what settlement amount is best for you including whether it will cover all the expenses related to your mesothelioma diagnosis.
Palazzo Law Firm Can Help
Our experienced New Orleans personal injury attorneys have the knowledge and resources to help you pursue compensation for damages such as your medical expenses, lost wages, and pain and suffering. We understand dealing with a mesothelioma diagnosis can be overwhelming and our attorneys will work tirelessly to ensure you receive the maximum amount of compensation possible. Call 504-433-1442 today for a free consultation.