Mesothelioma
Mesothelioma is an aggressive and deadly form of cancer. Mesothelioma treatments are available, but for many people with mesothelioma, a cure is not possible. Doctors divide mesothelioma into different types based on what part of the mesothelium is affected. Mesothelioma affects the lining of the lungs, heart, or abdomen. Mesothelioma is caused by the inhalation of asbestos fibers, mesothelioma is often diagnosed in older individuals who worked with asbestos products.Mesothelioma Compensation
From time to time, a mesothelioma claim may make it all the way to a jury trial. If no settlement is reached, and if the defendant is found liable for the asbestos exposure that led to the development of Mesothelioma, a jury will determine the amount of mesothelioma compensation to be paid to the injured party.
Mesothelioma Survival Rates
About 40% of mesothelioma patients survive at least one year. Less than 10% of Mesothelioma affected survive longer than five years. Patients diagnosed with mesothelioma in the earliest stage who undergo treatment have a five year survival rate of 16% according to the American Cancer Society.
Statute of Limitations on Mesothelioma Claims
Filing a lawsuit is usually one of the last things to cross a cancer patient’s mind. The stress of a mesothelioma diagnosis is a lot to handle, and finding treatment always comes first. However, patients and family members need to file their claim quickly to ensure they can receive compensation.
It takes anywhere from 20 to 50 years after a patient’s first asbestos exposure for mesothelioma to develop. Therefore, special rules apply to mesothelioma cases.
These special rules allow the statute of limitations to typically start from the time a diagnosis is made or the time a patient passed away. This ensures the statute of limitations doesn’t run out before a patient realizes anything is wrong.
Personal Injury Cases
A patient who has mesothelioma may file personal injury claims against the companies that exposed the patient to asbestos. Since it takes decades for mesothelioma to develop, patients won’t know they have a disease until many years after they were “injured” by asbestos. Therefore, the time span for filing a claim usually starts when the patient is diagnosed.
The statute of limitations for mesothelioma cases may be different than other personal injury claims. This is due to the “discovery of harm” rule. In the large majority of states, the window to file a typical personal injury claim starts at the time of the injury, the window for mesothelioma cases begins at diagnosis.The “discovery of harm” rule allows personal injury cases to be filed within a certain amount of time after a person knew or should have known about his injury. Mesothelioma patients have no way of discovering that they were injured until decades later when symptoms begin to show and a doctor diagnoses them.
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