Q: What percent of a settlement would the lawyer receive in a lawsuit for mesothelioma?

A: It would depend on what type of litigation is involved. Cancer from asbestos poisoning has long been at the fore of the legal community and has been handled as class action suits and on an individual basis. The usual attorney fee involved is between 33 - 40 % plus any out-of-pocket expenses for the lawyer.

Q: What are the main defenses for the defendants in Mesothelioma lawsuits?

A: History of smoking and any other respratory ailments. Exposure to any other respiratory inflammatories. Allergies, family history. Often they will take a whole series of chest x-rays and use the “best” one as proof of no disease. Often, these cases are not settled until after a person has died. Family members of these victims have become sick as well because of exposure to coal dust brought home on clothing, etc.

Q: How do I know if I’ve got mesothelioma?

A: Symptoms:
* Chronic cough
* Shortness of breath
* Chest pain
During a physical examination, the health care provider may notice a clubbed appearance of the fingers.
Tests that may show mesothelioma include the following:
* Chest x-ray
* CT scan of the chest
* Open lung biopsy

Q: What is the difference between MESOTHELIOMA and ASBESTOSIS?

A: Asbestosis is not nescessarily fatal, but can decrease lung capacity and lead to heart failure. It causes chronic scarring in the plueral walls and can actually lead to mesothelioma. Mesothelioma, on the other hand is a rare form of cancer caused by prlonged expsosure to asbestos. This cancer is highly resistant to conventional radiotherapy and chemo drugs, and very often has a poor survival rate.

Q: Where and when was mesothelioma first diagnosed? By whom?

A: in 1962 Dr. McNaulty reported the first case of malignant mesothelioma, in an Australian asbestos worker.  The worker had worked in a mill from 1958-1960 in Wittennoom.

Q:  How common is mesothelioma?

A: Although reported incidence rates have increased in the past 20 years, mesothelioma is still a relatively rare cancer. The incidence is approximately one per 1,000,000. For comparison, populations with high levels of smoking can have a lung cancer incidence of over 1,000 per 1,000,000. Incidence of malignant mesothelioma currently ranges from about 7 to 40 per 1,000,000 in industrialized Western nations, depending on the amount of asbestos exposure of the populations during the past several decades.  It has been estimated that incidence may have peaked at 15 per 1,000,000 in the United States in 2004. Incidence is expected to continue increasing in other parts of the world. Mesothelioma occurs more often in men than in women and risk increases with age, but this disease can appear in either men or women at any age.

Q: Can pets/animals get Mesothelioma?

A: Yes, they would suffer the same from asbestos as us. They can get all the different kinds of cancers we get. They are also affected by second hand cigarette smoke - their lungs aren’t really different from ours.

Q: Who has the right to file for compensation for mesothelioma?

A: A mesothelioma lawsuit can be filed by a person who has developed mesothelioma through exposure to asbestos. In the event that the person has passed away, the lawsuit can be filed by a family member or the executor of the deceased’s estate. A lawsuit can also be filed by a family member who has developed the disease through close contact with the person who was exposed to asbestos.

Q: How long does the mesothelioma lawsuit process take?

A: The process can take quite a while, although there is no set time and some lawyers will get your case sorted faster than others. The more research that is required to put a solid case together, the longer it will take.