Fact Sheet About Mesothelioma
The mesothelium refers to the tissues in your body that surround your lungs, stomach, heart, and other organs. When a tumor of this tissue occurs, the condition is called mesothelioma. The U.S. National Library of Medicine reports the following facts about mesothelioma:
- Malignant mesothelioma, or cancerous mesothelioma, is rare, but extremely serious. The American Cancer Society reports that the five-year survival rate for malignant mesothelioma is only between five and 10 percent;
- Almost all cases of mesothelioma are caused because of an individual’s exposure to asbestos, usually from working on job sites where asbestos was prevalent; and
- Malignant mesothelioma is often not discovered until in its advanced stages, resulting in a decreased chance of survival.
New Jersey Mesothelioma Attorneys
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Risk factors for developing mesothelioma include age, gender (males are more likely to be diagnosed than females) and exposure to asbestos.
If you have been diagnosed with mesothelioma in New Jersey, it is important that you take action to receive medical treatment, and to contact an attorney, as soon as possible. While just a few years ago the prognosis for someone diagnosed with mesothelioma was invariably fatal some progress has been made depending on the type of mesothelioma and how advanced the cases is when first discovered. Some people have in fact lived beyond that which would have been expected just a few short years ago.
If you or a loved one has been diagnosed with mesothelioma in New Jersey there are a number of excellent hospitals available to you where you can receive excellent advice and guidance. Hospital with excellent reputations and credential include places like The Cancer Institute of New Jersey in New Brunswick and the Hackensack University Medical Center.
If you live in Central or Northern New Jersey you also have access to a number of excellent hospitals with mesothelioma experience in New York such as Columbia Presbyterian, Mount Sinai and Sloane Kettering.
If you live in southern New Jersey, the University of Pennsylvania has an excellent staff and credentials for treating New Jersey mesothelioma patients.
Common Types of Injuries Caused by Mesothelioma
When a person is exposed to asbestos in New Jersey or elsewhere and develops mesothelioma as a result, he or she may suffer from a wide range of related injury types and losses. Some of the symptoms of mesothelioma include:
Nausea and vomiting
One sign of mesothelioma that a person may experience is excessive nausea and vomiting. Vomiting can lead to unintentional weight loss, weakness, fatigue, dehydration, and pain.
Excessive fatigue
A symptom of most cancer types is excessive fatigue. Fatigue can be so severe that a person suffering from mesothelioma may feel as though they are unable to perform their normal activities, work, etc.
Pain
Pain in the side of the chest or the lower back is a common symptom of pleural mesothelioma, or mesothelioma that is found in the chest. This pain can be accompanied by shortness of breath, hoarseness, and a cough as well.
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The above are just a few of the symptoms of mesothelioma. Treatment for mesothelioma can also be challenging for the patient and the family In addition to physical discomfort and loss of quality of life, a person affected by mesothelioma may also incur large and financially debilitating medical bills. The New Jersey attorneys at Cohen, Placitella & Roth, P.C. have experience dealing with these types of injuries and have represented many people diagnosed with mesothelioma.
What to Expect When Filing a Mesothelioma Claim in New Jersey
Today, strict regulations have largely eliminated the use of asbestos in products sold in the United States. But past exposure to asbestos is still a problem because mesothelioma, the most common type of cancer caused by asbestos exposure, may take decades to develop.
Once you have been diagnosed with mesothelioma, your thoughts may naturally turn to the future. How will we pay for my medical care? How will my family get by if I’m too sick to work? Hiring an attorney experienced in litigating New Jersey mesothelioma claims may help answer these questions and give you peace of mind.
How to File a Mesothelioma Claim
Here are some of the basics you need to know about filing your mesothelioma claim in New Jersey.
Who Can File a Mesothelioma Claim
Mesothelioma is cancer of the membrane that covers the body’s internal organs. When inhaled or swallowed, asbestos fibers can attach themselves to the lining of the lungs (pleural mesothelioma) or the digestive tract. Over time, those asbestos fibers can cause cancer in that membrane.
To file a claim for personal injury due to mesothelioma, you must have been exposed to asbestos. You may have been exposed to asbestos fiber while working with insulation, roofing products, floor tiles, or even cement. Working as a custodian, welder, building engineer, mechanic, or HVAC installer may also have exposed you to asbestos. Auto mechanics may have been exposed to asbestos used on brake pads or caskets.
Your family members, including your children, may have been exposed to asbestos fiber brought home from the job on your clothing.
Renovation work can disturb asbestos-containing insulation or ductwork. Removal of floor tiles or “popcorn” ceilings may also lead to exposure to asbestos.
What You Need in Order to File a Mesothelioma Claim
The most important step in filing a mesothelioma claim in New Jersey is hiring an attorney to file a claim on your behalf.
An experienced asbestos attorney can help determine how, when, and for how long you were exposed to asbestos. Knowing whether your employer or the company that manufactured the product containing asbestos can be sued in New Jersey is something an experienced asbestos attorney can help determine. Finally, an experienced asbestos attorney can help you in understanding mesothelioma.
The most important types of evidence to bring to the initial consultation with a mesothelioma lawyer are the pathology report confirming your diagnosis and your employment records.
You must file your claim within a very short window of time after your diagnosis, so time is of the essence.
Working with Mesothelioma Lawyers in New Jersey
If you can file your mesothelioma claim in New Jersey, you’ll want to work with a mesothelioma lawyer who is licensed to practice law in New Jersey courts. Here are some other things to consider in choosing a mesothelioma lawyer.
What to Look for in a Mesothelioma Lawyer
Asbestos litigation is medically and legally complicated. Lawyers who specialize in cases involving carcinogenic substances, such as asbestos, should be familiar with most of the products containing those substances.
You’ll want to hire a mesothelioma lawyer with the resources to match those of the asbestos manufacturers. Among other information, an experienced lawyer will know those products that contained asbestos and who supplied the asbestos for those products. They will have information regarding workplaces where you may have been exposed to asbestos and so help you prove your exposures.
Although there is no cure for mesothelioma, it may be helpful to work with a lawyer familiar with established and emerging mesothelioma therapies.
Finally, you’ll want a lawyer who listens to your concerns and puts your interests first.
The Benefits of Hiring a Mesothelioma Lawyer
It’s hard to overstate the benefits of working with a lawyer and a law firm that specialize in mesothelioma cases. Over the years, more than three thousand asbestos-containing products have gone to market, according to the Minnesota Department of Health. A lawyer with experience in asbestos cases will be familiar with the science and sources of asbestos exposure.
You’ll need medical and scientific experts who can testify on your behalf. A lawyer with experience in asbestos cases will know the best experts to hire.
Where to Hire a Mesothelioma Lawyer
Look for a mesothelioma lawyer who is admitted to practice in New Jersey, familiar with the specialized New Jersey asbestos courts, and experienced in asbestos litigation.
When interviewing prospective lawyers and law firms, don’t be afraid to ask about their caseloads and their experience. Ask how many mesothelioma cases they have tried and the results of those trials. You’ll also want to ask how many of their mesothelioma cases were settled before trial and the settlements in those cases. And while every case is unique, and past results are not an assurance of the outcome in your case, that track record will provide insight into the lawyer’s experience in preparing and trying cases against the various defendants in asbestos cases.
Statute of Limitations for Mesothelioma Claims in New Jersey
A statute of limitations requires that lawsuits claiming personal injury be filed within a limited period of time after the injury occurred.
In New Jersey, a personal injury lawsuit for damages (including pain and suffering, medical expenses, and lost earnings) due to mesothelioma must be filed within two years of the date the plaintiff learns they were injured – more specifically, the date they were diagnosed with an asbestos-related disease.
For the families of mesothelioma patients, a claim for wrongful death due to exposure to asbestos is also two years, commencing with the date of death.
How Does the Discovery Rule Apply to Mesothelioma Claims?
The New Jersey statute of limitations creates a problem for patients with mesothelioma, which is often diagnosed decades after exposure to asbestos. A short statute of limitations can unfairly benefit defendants who conceal the dangers of asbestos exposure.
New Jersey’s discovery rule helps level the playing field between asbestos defendants and mesothelioma patients. Under the discovery rule, a mesothelioma patient has two years from the date of discovery of mesothelioma (rather than from the date of exposure) to file suit. A diagnosis of mesothelioma starts the clock running on the two-year period in which to file a personal injury suit.
Once the two-year statute of limitations on your mesothelioma claim (whether for personal injury or wrongful death) has passed, you have few options. The court is likely to dismiss your claim, without trial, because you waited too long to sue.
That’s why you should act quickly after a mesothelioma diagnosis. Contact a New Jersey mesothelioma attorney just as soon as you think you may have a case.
Investigating Mesothelioma Requires Resources
Discovering the cause of mesothelioma and pinpointing exactly when a victim was exposed to asbestos, and who is liable for that exposure, is not always easy. Rather, it often requires a thorough investigation, which can be difficult to conduct on your own, especially when you are physically fatigued, on bed rest, or undergoing multiple medical treatments. When you have been diagnosed with mesothelioma, you need a law firm with resources, knowledge, and skill to properly investigate your case.
In a mesothelioma case, you will need investigative and medical experts on your side. This includes doctors who can provide expert witness testimony about the cause of your mesothelioma, professionals who can thoroughly investigate all of your previously held jobs/living locations where asbestos exposure may have been possible, researchers who can track down others at your previous place of work who have developed health complications as a result of asbestos exposure, and more.
Your case will also likely require witnesses who can testify on your behalf. In addition to reaching out to witnesses and gathering their testimonies, it is important that all evidence related to your case is handled properly.
At Cohen, Placitella & Roth, P.C., our New Jersey mesothelioma attorneys have a large team of professional staff members who are competent and ready to handle sensitive evidence. We also have the resources and finances necessary to hire the experts that your case deserves, and to conduct a proper investigation.
New Jersey Mesothelioma Settlements and Verdicts
In some cases, jury awards for exposure to asbestos have been in the hundreds of millions of dollars. Average settlement in an asbestos lawsuit can range between $1 million and $1.4 million, according to Mealey’s 2016 Litigation Report. Settling your case before trial can be beneficial because it minimizes the risks of trial and ensures that you receive compensation sooner.
If you’re considering filing a personal injury claim for exposure to asbestos in New Jersey, you’ll want to know your chances of success.
Factors That Can Affect the Settlement Amount in New Jersey Mesothelioma Lawsuits
- The most important factor in settling a mesothelioma lawsuit in New Jersey is the strength of your case. You’ll need testimony and documents to prove when and where you were exposed to asbestos, the amount of asbestos to which you were exposed, and the length of time you were exposed to it. You’ll also need to prove which companies are responsible for your exposure. Weak cases often result in lower settlements; strong cases often result in higher settlements.
- Your age, your specific amount of asbestos exposure, and your prognosis and disability can all affect the potential amount recovered at trial or by way of settlement.
- Your family situation and whether you are still able to work are also important facts.
- Finally, the finances and solvency of the defendant also matter, including whether it has declared bankruptcy. Some bankrupt asbestos manufacturers have set aside monies in a trust fund to compensate injured employees. The amount you receive from the trust fund may depend on the investment income that the trust fund earns.
How Plaintiffs Can Strengthen Their Mesothelioma Claim
Although mesothelioma is a cancer usually linked to asbestos, only about eight in ten people diagnosed with it will have known asbestos exposure. Others may well have been exposed to asbestos, but the source of the exposure can’t be readily identified. Sometimes, as with talc powder products, the connection between exposure source and cancer is still under debate.
As a result, the strongest mesothelioma cases are supported by medical and employment records. You’ll need to work with your lawyer to explore your work history and develop evidence of your asbestos exposure. And your lawyer will need to develop expert testimony to prove the link between your exposure to asbestos and your illness. Mesothelioma lawyers know medical and scientific experts who can make the strongest case possible for that link. A mesothelioma lawyer will also identify and gather evidence to prove the source(s) of your exposure and ensure the lawsuit names the correct defendant(s).
Cohen, Placitella & Roth, P.C. offers a FREE CONSULTATION.
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Over 40 Years of Outstanding Results and Hundreds of Millions Recovered for Our Mesothelioma Victims and Others
Being diagnosed with mesothelioma is very troubling and almost immediately creates issues that require informed decisions. . Whether you have been diagnosed with mesothelioma yourself or are representing a loved one, the attorneys at the law firm of Cohen, Placitella & Roth, P.C. can help you. While you may have fears about your disease and about calling an attorney, we can help you to recover the compensation that you deserve, and that can aid you during recovery, or help you to survive after losing a loved one. Call us today at (888) 572-7388, or contact us online now.
The attorneys at Cohen, Placitella & Roth, P.C. have demonstrated extraordinary work in recovering compensation for New Jersey mesothelioma victims and others. We have recovered hundreds of millions of dollars for our clients, and have received multiple national awards and recognitions for our services, including recognition as Best Lawyers® ‘Lawyers of the Year’ 2015. The following are some of our recent cases:
$3.8 Million
Recovering $3.8 million on the behalf of a daughter who was exposed to asbestos, and developed mesothelioma as a result, during her home’s construction.
$3.6 Million
Recovering $3.6 million the behalf of an electrician who developed mesothelioma after on-the-job exposure.
$4.2 Million
Recovering $4.2 million on the behalf of the daughter of a boilermaker. The daughter developed mesothelioma as a result of asbestos exposure that was found on her father’s work clothes.
$3.3 Million
Recovering $3.3 million on the behalf of a carpenter who was exposed to asbestos when working with products containing the minerals when working on ceiling in commercial buildings.
While results in prior cases do not guarantee similar results in your case the following listing of recent case victories should hopefully provide you with the assurance that we are experienced and know how to get you the compensation you deserve.
