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Tuesday, October 25, 2011

When Can I Make An Asbestos Claim?

When Can I Make An Asbestos Claim?

There are strict time limits in personal injury mesothelioma asbestos claim within which you must have started court proceedings in your claim. However, these time limits vary and depend on a number of factors (not all of which are listed here) including the nature of your accident or injury, where the accident happened and who you intend to bring the claim against.

For these reasons it is important that you seek advice promptly from one of our specialist personal injury solicitors on the precise time limits that apply to your case.

Under English law, in most cases that time limit is 3 years from the date of accident or incident giving rise to your injury. This means that court proceedings must have commenced within:

* 3 years of the date of an accident, or
* if you have an illness caused by your work, 3 years from the date on which you became aware of your illness and that it might be related to your employment;
* if you have a medical negligence claim, 3 years from the date on which you became aware that you had suffered harm as a consequence of your medical treatment.

These time limits do not apply to children (who can proceed at any time before their 21st birthday) and people who are unable because of mental incapacity of managing their legal affairs (may differ for a defective product).

Also, there are different time limits if your accident or injury occurred outside England and Wales or during the course of international travel or if a defective product is involved.

Time limits and legal procedures vary from country to country. In many countries the time limits for taking action are much shorter than 3 years. Furthermore, for example, for many air accidents, marine accidents and criminal injury claims, the time limit is shorter and is often 2 years.

For defective products the time period is either:

* three years from the date that an injury or illness was caused by the product, or
* from the date you became aware of that injury or illness caused by the product, limited to a maximum of 10 years from the date of supply of the product concerned.

This includes products given as a result of medical care and applies to children and to people who are incapable of managing their legal affairs.

In some very limited circumstances the courts may allow a claim to continue beyond the time limit period but you should not assume that any discretion will be applied for your claim. However, even if you believe the time limit for bringing your claim may have expired it is worth seeking advice from a solicitor on whether the court may allow the mesothelioma asbestos claim to proceed.

Tuesday, October 18, 2011

Asbestos Related Diseases Claims

Asbestos Related Diseases Claims
Handling Asbestosis Claims With Expertise And Sensitivity

Asbestosis is caused by inhaling large amounts of asbestos dust or fibres and means that excess fibrous tissue develops in your lungs. This can scar the lungs and cause abnormal chest sounds, known as ‘crackles’. The lung scarring can result in serious breathing problems.

Employers have a duty to protect their workers from hazardous substances and if you develop asbestosis as a result of your working conditions then you may be able to make an asbestosis claim for compensation.

If you have already made an asbestosis claim, hopefully your condition will not deteriorate.

If it does and you develop a serious asbestos-related condition such as lung cancer or mesothelioma after already experiencing problems, then it is possible to return to court for a further award of compensation. This is known as provisional damages.

Tuesday, October 11, 2011

Mesothelioma & Asbestos Claims

Mesothelioma & Asbestos Claims

A mesothelioma asbestos claim is the lawsuit that is filed on behalf of an individual who has developed mesothelioma as a result of harmful exposure to asbestos. A mesothelioma claim is filed against the party who is responsible for the victim's exposure to asbestos. mesothelioma asbestos claim defendants can be government organizations, manufacturers, employers, asbestos removal professionals, or any other party whose negligence contributed to harmful asbestos exposure.

At least six hundred thousand mesothelioma asbestos claim have been filed in the United States alone. A mesothelioma claim can be filed by the victim or their loved ones in the event that mesothelioma has already claimed that person's life. A mesothelioma claim can help a victim or their loved ones to receive compensation for their losses including medical expenses, loss of income or earning potential, disability, and psychological suffering.

When considering a mesothelioma asbestos claim, there are some important things to consider. This first aspect to a mesothelioma claim is the statute of limitations that applies to the filing of a mesothelioma claim. Each state may have their own statute of limitations which restricts the amount of time a victim has to file a mesothelioma asbestos claim. Usually a statute of limitation begins at the point at which a person develops the injury. Because mesothelioma can remain dormant and asymptomatic for decades, the statute of limitations may begin at the point of diagnosis rather than the time of exposure. The statute of limitations for a mesothelioma claim can vary based on a number of factors, and therefore it is important to discover the laws applicable to your case.

To have a successful mesothelioma asbestos claim case, you must also be able to prove the exact source of the asbestos exposure, the party who is responsible for that exposure, and the exact damages that were suffered as a result of that asbestos exposure. A trained and experienced mesothelioma claim legal expert can help to determine these factors and develop a strong case to protect and maximize a victim's rights.

Because there have been so many mesothelioma asbestos claim filed in the United States, the federal government has considered the development of an asbestos bankruptcy fund. If this fund is created, victims of mesothelioma would no longer have the legal option to file a mesothelioma claim. Instead these victims would be eligible for compensation of their losses through this fund if they meet specific requirements. Critics of this asbestos fund legislation worry that many victims of mesothelioma will not be able to receive adequate compensation for their injuries under this law.

Under existing law, it is possible for a victim to file a mesothelioma claim to seek compensation for the damages they have suffered at the hands of those who failed to mesothelioma asbestos claim prevent harmful asbestos exposure. To learn more about your rights and options in a mesothelioma claim, please contact us to confer with a qualified and experienced mesothelioma attorney in your area

Tuesday, October 4, 2011

Asbestos Claim-Mesothelioma

Asbestos Claim-Mesothelioma

Mesothelioma, more precisely malignant mesothelioma, is a rare form of cancer that develops from the protective lining that covers many of the body's internal organs, the mesothelium. It is usually caused by exposure to asbestos.

Its most common site is the pleura (outer lining of the lungs and internal chest wall), but it may also occur in the peritoneum (the lining of the abdominal cavity), the heart, the pericardium (a sac that surrounds the heart) or tunica vaginalis.

Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles, or they have been exposed to asbestos dust and fiber in other ways. It has also been suggested that washing the clothes of a family member who worked with asbestos can put a person at risk for developing mesothelioma. Unlike lung cancer, there is no association between mesothelioma and smoking, but smoking greatly increases the risk of other asbestos-induced cancers.Compensation via asbestos funds or lawsuits is an important issue in mesothelioma (see asbestos and the law).

The symptoms of mesothelioma include shortness of breath due to pleural effusion (fluid between the lung and the chest wall) or chest wall pain, and general symptoms such as weight loss. The diagnosis may be suspected with chest X-ray and CT scan, and is confirmed with a biopsy (tissue sample) and microscopic examination. A thoracoscopy (inserting a tube with a camera into the chest) can be used to take biopsies. It allows the introduction of substances such as talc to obliterate the pleural space (called pleurodesis), which prevents more fluid from accumulating and pressing on the lung. Despite treatment with chemotherapy, radiation therapy or sometimes surgery, the disease carries a poor prognosis. Research about screening tests for the early detection of mesothelioma is ongoing...
Asbestos Claim