Decades of Experience Handling Mesothelioma Cases
At Brown Kiely, LLP our Maryland mesothelioma lawyer assists victims with the process of filing a lawsuit and pursuing damages in the form of financial compensation from the responsible party. When you and your family are enduring the potentially devastating impact of Mesothelioma and suspect that the negligence of another person, group, or entity is to blame, filing a lawsuit may be a viable option for helping to find justice for potential wrongdoing.
Table Of Contents
- Maryland’s Mesothelioma Legal Landscape
- What Is Mesothelioma?
- Mesothelioma Causes
- Workplace Asbestos Exposure
- Products Containing Asbestos
- Benefits Of Hiring Brown Kiely, LLP Mesothelioma Lawyers
- Mesothelioma Law Infographic
- Risks Of Not Hiring A Maryland Mesothelioma Lawyer
- Maryland Mesothelioma Statistics
- Maryland Mesothelioma Law FAQs
- Brown Kiely LLP, Maryland Mesothelioma Lawyer
With decades of unwavering dedication to advocating for the rights and well-being of mesothelioma victims and their families, Brown Kiely, LLP stands as a trusted and esteemed leader in the legal field. Our firm’s profound expertise, cultivated over many years, is a testament to our relentless pursuit of justice for those affected by this devastating disease. As pioneers in the realm of asbestos litigation, we have tirelessly championed the cause of clients nationwide, ensuring they receive the compensation and support they deserve in their fight against mesothelioma. At Brown Kiely, LLP, our commitment to excellence, compassion, and a profound understanding of the complexities surrounding asbestos-related cases sets us apart as a beacon of hope in the pursuit of justice for our clients. There are two types of lawsuits that apply to mesothelioma-related cases; personal injury and wrongful death.
Liability for mesothelioma is based on a company neglecting to advise employees or consumers about the risk of being exposed to asbestos. Liability may also be based on a company’s failure to make employees or consumers aware of exposure to asbestos. If a mesothelioma victim wins their personal injury lawsuit, they will be compensated financially for damages they sustained as a result of the cancer. Our teams specialize in helping clients with personal injury-related cases, including those that involve mesothelioma caused by asbestos exposure.
A wrongful death claim can be pursued by the estate of a person who died as a result of Mesothelioma. Compensation can be pursued to help cover expenses, lost income, and bills that are a result of the mesothelioma. In some scenarios, mesothelioma patients may initiate the process of filing a personal injury claim, but die during the process. Under these circumstances, the estate may be eligible to continue the claim.
Maryland’s Mesothelioma Legal Landscape
Mesothelioma, a severe and often fatal condition caused primarily by asbestos exposure, has led to intricate litigation scenarios across the United States. Maryland, in particular, has a unique set of laws and judicial precedents that guide mesothelioma cases. Understanding these specific regulations is crucial for victims seeking justice and compensation for their suffering.
In order to prove grounds for eligibility to file a mesothelioma lawsuit, the plaintiff must be able to provide their Maryland mesothelioma lawyer with various forms of documentation regarding medical history and diagnosis. Documents that are commonly required may include a mesothelioma diagnosis, medical reports from the treatment center where treatment was administered or is being administered. In addition to being able to provide these documents, you must also initiate the lawsuit within the statute of limitations for your locality.
Statute of Limitations in Maryland Mesothelioma Cases
In Maryland, the law is clear about the time limits within which a mesothelioma claim can be filed. The statute of limitations is three years from the date of diagnosis or discovery of the disease. This is a critical deadline for victims and their families, as failing to file within this period can result in the loss of the right to compensation. Brown Kiely, LLP is well-versed in these time constraints and can help ensure that all legal actions are taken promptly.
Workers’ Compensation and Mesothelioma Claims
Mesothelioma victims in Maryland often have the option to file for workers’ compensation. This is a viable route when the exposure to asbestos occurred during the course of employment. While workers’ compensation can provide some financial relief, it may limit the ability to pursue further legal action against employers. However, if a third party’s negligence contributed to the exposure, the door is open for additional claims. Here, the expertise of Brown Kiely, LLP a Maryland mesothelioma law firm becomes indispensable in navigating these complex situations.
Unique Challenges in Mesothelioma Litigation
Mesothelioma cases in Maryland are subject to the state’s contributory negligence rule, which can be particularly challenging for plaintiffs. Under this rule, if the victim is found even minimally at fault for their exposure, they may be barred from recovering damages. This underscores the importance of having Brown Kiely, LLP, a skilled Maryland mesothelioma lawyer who can build a robust case to demonstrate the full extent of the defendant’s liability.
Navigating Through Asbestos Trust Funds
As many companies responsible for asbestos exposure have filed for bankruptcy, asbestos trust funds have been established to compensate victims. Maryland law allows for claims against these trusts, and Brown Kiely, LLP can guide clients through the claims process, ensuring they receive the compensation they’re entitled to without compromising other legal avenues.
What is Mesothelioma?
Mesothelioma is a rare and aggressive form of cancer that primarily affects the mesothelial cells, which are the protective lining surrounding various internal organs in the body. This cancer is most commonly associated with asbestos exposure, and the vast majority of mesothelioma cases are caused by inhaling or ingesting asbestos fibers.
There are several types of mesothelioma, but the most common form is pleural mesothelioma, which affects the lining of the lungs (pleura). Other types include peritoneal mesothelioma (affecting the lining of the abdominal cavity), pericardial mesothelioma (affecting the lining of the heart), and testicular mesothelioma (affecting the lining of the testes, although this is extremely rare).
Mesothelioma, a malignancy primarily associated with asbestos exposure, is notorious for its prolonged latency period. This means that symptoms may remain dormant and undetectable for several decades following the initial exposure to asbestos. The common symptoms of mesothelioma, when they do surface, are diverse and often mirror those of less severe illnesses, making early detection challenging. These symptoms include:
Persistent Dry Cough:
Mesothelioma can induce a continuous, dry cough that stubbornly resists typical cough remedies and persists over an extended period.
Shortness of Breath:
As the disease advances, patients often experience increasing difficulty in breathing. This shortness of breath is due to the growing tumor impacting lung function.
Individuals with mesothelioma, particularly pleural mesothelioma, may suffer from chest pain or discomfort. This pain is often a result of the tumor exerting pressure on the chest wall and surrounding tissues.
A pervasive sense of exhaustion or fatigue is a common complaint among mesothelioma patients. This can stem either from the cancer itself or as a side effect of the ongoing treatments.
Unexplained Weight Loss:
Mesothelioma can lead to significant, unintentional weight loss, as the body’s resources are increasingly diverted to combat the illness.
In cases of peritoneal mesothelioma, which affects the abdomen, patients may experience difficulty swallowing or endure abdominal pain, indicative of the tumor’s impact on the digestive tract.
Swelling and Pain in the Abdomen:
This type of mesothelioma can cause an accumulation of fluid in the abdominal cavity, leading to noticeable swelling and associated discomfort.
Changes in Bowel Habits:
Mesothelioma affecting the digestive system may manifest as alterations in bowel habits, including episodes of diarrhea or constipation.
Fever and Night Sweats:
These symptoms are often indicative of advanced mesothelioma or complications arising from the disease, reflecting the body’s heightened response to the cancer.
Each of these symptoms, while common in mesothelioma, can also be indicative of other, less severe conditions. Therefore, individuals with a history of asbestos exposure who experience these symptoms are advised to seek medical evaluation for a definitive diagnosis.
It’s important to note that the symptoms of mesothelioma can be similar to those of other medical conditions, and a proper diagnosis by a medical professional is essential. If you or someone you know is experiencing these symptoms and has a history of asbestos exposure, it’s crucial to seek medical attention promptly. Additionally, consulting with a knowledgeable attorney, like those at Brown Kiely, LLP, can be important if you believe your mesothelioma was caused by asbestos exposure, as they can provide legal guidance and support.
Mesothelioma is almost exclusively linked to asbestos exposure, and the inhalation or ingestion of asbestos fibers is a known risk factor. Many individuals who develop mesothelioma have had occupational exposure to asbestos, such as workers in construction, mining, shipbuilding, and manufacturing. Additionally, secondary exposure can occur when family members come into contact with asbestos fibers carried home on the clothing of workers.
Because of the serious and often fatal nature of mesothelioma, legal actions, including lawsuits, are often pursued by affected individuals and their families against companies and entities responsible for their asbestos exposure. These legal actions seek compensation for medical expenses, pain and suffering, and other damages associated with mesothelioma.
One of the main causes of mesothelioma is exposure to asbestos. Mesothelioma is a rare and aggressive form of cancer that primarily affects the thin layer of tissue (mesothelium) that covers the lungs (pleural mesothelioma), but it can also occur in the lining of the abdomen (peritoneal mesothelioma), heart (pericardial mesothelioma), or testicles (testicular mesothelioma).
Asbestos is a group of naturally occurring minerals that were widely used in various industries for their heat-resistant and insulating properties. Exposure to asbestos fibers can occur when asbestos-containing materials are disturbed, leading to the release of tiny asbestos particles into the air. Once these microscopic asbestos fibers are inhaled or ingested, they can become embedded in the mesothelium, leading to inflammation and, over time, the development of mesothelioma.
Occupational exposure to asbestos has historically been a significant risk factor for mesothelioma. People who worked in industries such as construction, shipbuilding, automotive manufacturing, asbestos mining, and insulation installation were particularly at risk. However, asbestos exposure can also occur in non-occupational settings, such as through secondary exposure when family members or close contacts of asbestos-exposed individuals carry asbestos fibers home on their clothing.
Efforts to regulate and reduce asbestos use have been implemented in many Maryland to mitigate the risk of mesothelioma and other asbestos-related diseases. Despite these efforts, mesothelioma can still develop in individuals with a history of asbestos exposure, and it typically takes several decades after exposure for the disease to manifest. Therefore, early detection and medical intervention are crucial for improving the prognosis of mesothelioma patients.
Workplace Asbestos Exposure
Mesothelioma is most commonly associated with occupational exposure to asbestos. Industries that have historically had a higher risk of asbestos exposure and, consequently, a higher incidence of mesothelioma diagnoses include:
- Construction: Workers in the construction industry, including carpenters, electricians, plumbers, and insulation installers, often faced asbestos exposure when working with asbestos-containing building materials and insulation.
- Shipbuilding and Maritime: Shipyard workers, sailors, and others involved in the maritime industry were at risk due to the extensive use of asbestos in ship construction and maintenance.
- Automotive Repair: Mechanics and auto body shop workers could be exposed to asbestos when working on vehicles that contained asbestos-containing brake pads, clutches, and gaskets.
- Mining: Workers in asbestos mines and asbestos processing facilities were at high risk due to direct contact with asbestos fibers during extraction and processing.
- Manufacturing: Various manufacturing industries, such as the production of asbestos-containing products like textiles, cement, and friction materials, exposed workers to asbestos.
- Power Plants: Employees in power generation plants, including power plant operators and maintenance personnel, were at risk due to the use of asbestos in equipment and insulation.
- Railroads: Railroad workers, particularly those involved in locomotive maintenance and repair, could encounter asbestos-containing materials in older train components.
- Chemical Plants: Workers in chemical manufacturing facilities may have been exposed to asbestos during the production of asbestos-related chemicals and products.
- Aerospace: Aerospace industry workers, including those involved in aircraft manufacturing and maintenance, could encounter asbestos in aircraft components.
- Demolition and Renovation: Demolition and renovation workers may be exposed to asbestos when working on older buildings and structures containing asbestos-containing materials.
It’s important to note that while these industries have historically had higher rates of asbestos exposure, asbestos-related diseases like mesothelioma can also affect individuals who had non-occupational exposure through activities such as home renovations, using asbestos-containing products, or living near asbestos-related industries.
Products Containing Asbestos
Asbestos was commonly used in a wide range of products and materials due to its heat-resistant and insulating properties. While the use of asbestos has significantly declined in many parts of the world due to its associated health risks, it can still be found in some older products and materials. Here are some examples of products and materials that may contain asbestos:
- Building Materials:
- Roofing shingles
- Roofing felt
- Insulation (e.g., attic and wall insulation)
- Floor tiles and adhesives
- Ceiling tiles
- Drywall joint compound
- Cement pipes and sheets
- Fireproofing materials
- Automotive Products:
- Brake pads and linings
- Clutch facings
- Heat seals
- Hood liners
- Automotive insulation
- Industrial Products:
- Boilers and steam pipes insulation
- Turbine insulation
- Expansion joints
- Refractory materials
- Electrical insulation
- High-temperature gaskets and packing materials
- Consumer Products:
- Hairdryers (older models)
- Ironing board covers
- Fire-resistant gloves and aprons
- Pot holders
- Fireplace gloves
- Fire-resistant clothing and fabrics
- Welding blankets
- Shipbuilding Products:
- Ship insulation
- Piping insulation
- Shipyard insulation
- Aerospace Products:
- Aircraft insulation
- Aircraft brake linings
- Military Products:
- Military vehicles (brakes, gaskets, insulation)
- Navy ships (insulation, fireproofing)
- Asbestos-Cement Products:
- Corrugated asbestos-cement sheets
- Asbestos-cement pipes
- Asbestos-cement siding
- Miscellaneous Products:
- Laboratory equipment (fume hoods, gloves)
- Art supplies (asbestos-containing crayons, modeling clay)
- Gardening products (potting soil, vermiculite)
Benefits of Hiring Brown Kiely, LLP Mesothelioma Lawyers
If you were recently diagnosed with mesothelioma from asbestos exposure, you may want to get in touch with a Maryland mesothelioma lawyer. Mesothelioma is a rare form of cancer that can affect the lungs, abdomen, and heart. You may be entitled to compensation. Here are some benefits of hiring Brown Kiely, LLP mesothelioma lawyers:
Advise on options for pursuing compensation. If you developed mesothelioma after being wrongfully exposed to asbestos, you may be able to sue the company that exposed you to the substance. However, you may not be sure how to go after that compensation. That’s why it’s important to have Brown Kiely, LLP, an experienced lawyers on your side. Brown Kiely, LLP can inform you of your options. For example, if the company that exposed you to asbestos filed for bankruptcy, you may still be able to obtain compensation from a trust fund.
File the paperwork on time. As with other personal injury lawsuits, you have a limited amount of time to pursue compensation. This is known as the statute of limitations. In Maryland, you have three years from your diagnosis to file a claim. After that deadline has passed, you will no longer be entitled to compensation. You definitely do not want to lose out on your right to compensation. Brown Kiely, LLP can make sure that you file all of the paperwork accurately and by the deadline.
Reduce stress. Getting diagnosed with mesothelioma can be very devastating. Since you may be under so much stress already, you do not need the added stress of handling your own claim. You may get too overwhelmed. That is another good reason to work with a skilled Maryland mesothelioma lawyer. Brown Kiely, LLP will handle all of the legwork, allowing you to focus on your health and well-being. This can alleviate a lot of your stress.
Resolve your case faster. Treating mesothelioma can be very expensive. As such, you want to resolve your case as quickly as possible and get your settlement. If you hire Brown Kiely, LLP, you may be able to resolve your case faster. Brown Kiely, LLP has experience with court procedures and helps you get on with your life quickly.
Provide legal services on a contingency basis. As mentioned above, mesothelioma treatments are costly. When you are dealing with high medical bills, you may be worried about affording your legal fees. The good news is that most mesothelioma lawyers work on a contingency basis. This means that they do not get paid unless their clients win their cases. As such, you do not have to worry about owing your lawyer money upfront.
Mesothelioma Law Infographic
Risks Of Not Hiring A Maryland Mesothelioma Lawyer
Getting legal help can be made easy if you take action right away, but you could face consequences if you decide not to seek legal counsel from a Maryland mesothelioma lawyer. If you do not seek legal assistance at the right time, you may end up dealing with a much worse scenario. They may not have enough time to gather information for your case, collect evidence and do all of the necessary legal tasks. It is important that you talk to a lawyer such as one from Brown Kiely, LLP about your situation because they will be able to help you. You may not be able to get the help that you need if you decide not to reach out to a lawyer soon. If you have any questions about your case or need assistance in other areas, talk to Brown Kiely, LLP right away.
A mesothelioma case results in settlements of hundreds of thousands of dollars, or even millions of dollars. Finding out what you are entitled to receive as far as damages go is crucial, you can trust Brown Kiely, LLP to do the calculations for you. Brown Kiely, LLP will review all of your financial records, medical treatment records, and other important documents to obtain a clear picture of what amount you should be pursuing.
Mistakes in Your Paperwork
Filling out legal forms can not just take a long time, but it can be easy to make simple mistakes. Whenever you are filling out paperwork for a legal claim, have a Brown Kiely, LLP review your forms so that they can evaluate them for any errors. Failing to provide important information or making mistakes on your claim can result in your case being delayed or getting thrown out.
Difficulty Negotiating with the Insurance Company
As a Maryland mesothelioma lawyer like one from Brown Kiely, LLP can explain, one of the more difficult tasks that come with working on a claim is communication with the insurance company. The insurance company is not on your side, and they are not seeking to give you a fair compensation amount. They may argue your illness was not related to asbestos exposure, or that you got ill because of pre-existing conditions. You should rely on a qualified lawyer to negotiate with the insurance company so that you are more likely to end up with a fair settlement.
Lack of Knowledge About Your Rights
Hiring Brown Kiely, LLP gives you many advantages compared to people who choose not to hire a lawyer for their case, especially when it comes to learning about your legal rights. You should speak with Brown Kiely, LLP about your rights as a client who has suffered from mesothelioma. Brown Kiely, LLP will inform you of everything that you need to know about your case and your legal options.
Maryland Mesothelioma Statistics
According to the National Institutes of Health (NIH), more than 20 million people in the United States are at risk of developing mesothelioma at some point in their lives. If you have been exposed to asbestos, it is important to talk to your doctor about your risk of mesothelioma. There are no early detection tests for mesothelioma, but early diagnosis and treatment can improve your chances of survival.
Maryland Mesothelioma Law FAQs
What is the average settlement for mesothelioma victims?
The average settlement for mesothelioma victims can vary widely based on several factors, including the severity of the illness, the extent of asbestos exposure, the defendant’s liability, and the jurisdiction where the case is filed. Mesothelioma lawsuits can result in substantial settlements or verdicts, often in the millions of dollars, to compensate victims and their families for medical expenses, lost income, pain and suffering, and other damages.
To get a more accurate estimate of potential settlement amounts in a mesothelioma case, it is essential to consult with an experienced mesothelioma attorney, like those at Brown Kiely, LLP. They can assess the specific details of the case, gather evidence, identify liable parties, and work to negotiate a fair settlement on behalf of their clients.
Keep in mind that each mesothelioma case is unique, and settlements can vary widely from case to case. It is crucial to seek legal counsel from a qualified attorney who specializes in asbestos-related litigation to ensure that your rights are protected and that you receive the compensation to which you may be entitled.
How much is a mesothelioma case worth?
Determining the worth of a mesothelioma case is a complex process that depends on various factors unique to each individual case. The value of a mesothelioma case can be influenced by the following key factors:
- Diagnosis and Medical Expenses: The stage of mesothelioma at diagnosis, the cost of medical treatments, ongoing care, and prognosis play a significant role in calculating the case’s worth.
- Lost Wages and Future Earnings: Compensation may include lost wages due to illness and the potential loss of future earnings if the victim cannot work as a result of the disease.
- Pain and Suffering: The physical and emotional pain and suffering experienced by the victim can be factored into the case’s worth.
- Exposure History: The extent and duration of asbestos exposure, as well as the identification of responsible parties and their level of liability, are critical considerations.
- Location and Jurisdiction: The jurisdiction where the case is filed can affect the potential settlement or verdict amount, as laws and regulations regarding asbestos litigation may vary.
- Legal Strategy: The expertise and effectiveness of the legal team representing the victim, such as Brown Kiely, LLP, can impact the outcome of the case.
- Settlement Negotiations vs. Trial: Whether the case is settled out of court or goes to trial can also affect the final compensation amount.
- Punitive Damages: In some cases, if the conduct of the asbestos companies is particularly egregious, punitive damages may be awarded, potentially increasing the overall value of the case.
Because of the complexity and uniqueness of each mesothelioma case, it’s essential for individuals and their families to consult with our experienced mesothelioma attorney who can assess the specific circumstances and provide guidance on the potential worth of their case.
Brown Kiely, LLP, as a Maryland Mesothelioma Law Firm, can help mesothelioma victims and their families navigate the legal process, build a strong case, and pursue fair compensation based on the merits of their individual situation. They can provide personalized guidance to ensure that their clients receive the compensation to which they may be entitled.
What is the mesothelioma lawsuit for asbestos?
A mesothelioma lawsuit related to asbestos exposure is a legal action taken by individuals who have developed mesothelioma, a rare and aggressive form of cancer, due to exposure to asbestos. Asbestos is a naturally occurring mineral that was once widely used in various industries for its heat resistance and insulating properties. Unfortunately, asbestos fibers, when inhaled or ingested, can cause serious health problems, including mesothelioma.
Here are some key points about mesothelioma lawsuits for asbestos exposure:
- Cause of Action: Mesothelioma lawsuits are typically filed against companies and manufacturers that produce, use, or distribute asbestos-containing products. The basis for the lawsuit is often that these companies were aware of the health risks associated with asbestos but failed to adequately warn or protect workers and consumers.
- Plaintiffs: The plaintiffs in these lawsuits are usually individuals who have been diagnosed with mesothelioma, as well as their families in some cases. Plaintiffs may include former industrial workers, construction workers, veterans, or anyone else who was exposed to asbestos in their workplace or through other means.
- Legal Claims: Mesothelioma lawsuits typically involve various legal claims, including negligence, strict liability, and failure to warn. Plaintiffs must demonstrate that their exposure to asbestos resulted from the defendant’s negligence or wrongful conduct.
- Compensation: The goal of these lawsuits is to seek compensation for medical expenses, lost income, pain and suffering, and other damages caused by mesothelioma. In some cases, punitive damages may also be sought to punish companies for their reckless behavior.
- Class Action vs. Individual Lawsuits: Some mesothelioma cases are part of class-action lawsuits, where multiple plaintiffs with similar claims join together to sue a common defendant. Other cases are individual lawsuits filed by mesothelioma victims or their families.
- Statute of Limitations: Mesothelioma lawsuits have a statute of limitations, which varies by jurisdiction. It’s essential for potential plaintiffs to consult with an attorney promptly after a mesothelioma diagnosis to determine if they have a viable legal claim.
- Settlements and Trials: Many mesothelioma lawsuits are settled out of court, where defendants agree to compensate plaintiffs for their injuries. Some cases, however, go to trial if a settlement cannot be reached.
- Bankruptcy Trusts: Some companies that faced numerous asbestos-related lawsuits filed for bankruptcy protection. As a result, they established asbestos trust funds to compensate current and future mesothelioma victims. Plaintiffs can file claims with these trusts to receive compensation.
It’s crucial for anyone considering a mesothelioma lawsuit to consult with Brown Kiely, LLP who specializes in asbestos-related cases. These cases can be complex and may involve multiple defendants and significant medical and legal challenges. Brown Kiely, LLP can provide guidance and help plaintiffs navigate the legal process to seek the compensation they deserve.
Brown Kiely LLP, Maryland Mesothelioma Lawyer
4915 Saint Elmo Avenue, Suite 510 Bethesda, MD 20814
Call Our Maryland Mesothelioma Lawyer Today!
At Brown Kiely LLP, our team is dedicated to providing mesothelioma victims with the legal representation they deserve. With a deep understanding of Maryland’s specific asbestos laws and a compassionate approach, they stand ready to fight for the rights of those affected by this devastating disease. If you would like more information about legal services that you can receive from a quality Maryland mesothelioma lawyer from Brown Kiely, LLP, request a consultation today.