Monday, August 24, 2009

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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