Maryland Mesothelioma Lawyer
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.
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.
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.
Additionally you must be able to in some way obtain a record stating the existence of asbestos and that you may have been wrongfully exposed to it, or misled in regards to protective measures.
Statute of Limitations
Potential plaintiffs in personal injury and wrongful death lawsuits must file their claim within a predetermined period of time after the occurrence of their injury, condition, illness, or death. Referred to as a statute of limitations, this time limit varies by state. Plaintiffs should consult with their lawyers to ensure that they are within their local statute of limitations. Usually for personal injury and wrongful death lawsuits the statute of limitations is around 2 years.
Table Of Contents:
- Maryland Mesothelioma Lawyer
- What is Mesothelioma?
- Filing a Mesothelioma Lawsuit
- Benefits of Hiring a Mesothelioma Lawyer
- Mesothelioma Law Infographic
- Risks Of Not Hiring A Lawyer
- Landmark Mesothelioma Cases
- Maryland Mesothelioma Law FAQs
- Maryland Mesothelioma Statistics
- Call Our Maryland Mesothelioma Lawyer Today!
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 is known for its long latency period, which means that symptoms may not appear for several decades after asbestos exposure has occurred. Common symptoms of mesothelioma can include:
- Chest pain
- Unexplained weight loss
- Abdominal pain and swelling (for peritoneal mesothelioma)
It’s important to note that 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.
Filing a Mesothelioma Lawsuit
Generally, the process of filing a lawsuit for mesothelioma involves the following steps:
- Finding, selecting, and hiring a lawyer
- Working with your lawyer to build and prepare a strong case
- Reviewing your case and researching potential compensation source options
- Filing the mesothelioma lawsuit
- Discovery and responses in court
- If a settlement is proposed, either choosing to settle or not and going to trial in an attempt to obtain more compensation than what was proposed in the settlement offer
- Case resolution
If you have any reason to believe that your illness was directly related to wrongful exposure to asbestos, we urge you to consider contacting an experienced Maryland mesothelioma lawyer from our firm, Brown Kiely, LLP. Schedule a consultation with our team today to speak with a qualified professional about your situation and your options for legal recourse.
Benefits of Hiring a Mesothelioma Lawyer
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 a mesothelioma lawyer.
- 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 an experienced lawyer on your side. A lawyer 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. An experienced lawyer 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. A lawyer 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 a reputable lawyer, you may be able to resolve your case faster. He or she will have experience with court procedures and help 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.
- Motivated to help you win. Since mesothelioma lawyers work on a contingency fee, they may be more motivated to fight hard for their clients. They know they will not get paid unless they win the case. Therefore, you can expect your Maryland mesothelioma lawyer to go the extra mile for you.
Mesothelioma Law Infographic
Risks Of Not Hiring A 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 a lawyer 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, so have a lawyer you can trust to do the calculations for you. They 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 lawyer 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 a lawyer 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 a lawyer about your rights as a client who has suffered from mesothelioma. They will inform you of everything that you need to know about your case and your legal options.
Landmark Mesothelioma Cases
Mesothelioma is a devastating form of cancer often caused by exposure to asbestos, a naturally occurring mineral used in various industries for its fire-resistant properties. Those affected by this aggressive disease require specialized legal assistance, such as a skilled Maryland mesothelioma lawyer, to navigate the complex legal landscape surrounding asbestos-related cases. Over the years, several landmark cases have shaped the legal precedence in this area, providing guidance for individuals seeking justice and compensation for their suffering.
In the case of Robert Murphy v. Hopeman Brothers, Inc. et al., the court’s ruling underscored the responsibility of employers to provide a safe working environment. Robert Murphy, a former employee, developed mesothelioma after prolonged exposure to asbestos-containing materials at his workplace. The court found in favor of Murphy, emphasizing the duty of employers to protect their workers from known hazards. This case set a precedent for holding employers accountable for their employees’ well-being and highlighted the importance of thorough safety measures and precautions when working with asbestos.
Cynthia Cartwright et al. v. Cyprus Amax Minerals Company et al. brought to light the issue of secondary asbestos exposure. Cynthia Cartwright, a spouse of a former asbestos industry worker, developed mesothelioma due to exposure to asbestos fibers brought home on her husband’s work clothes. The court’s ruling established that companies could be liable for damages in cases of secondary exposure, acknowledging the far-reaching impact of asbestos-related illnesses beyond direct employees. This ruling reinforced the obligation of companies to prevent any form of asbestos exposure, even indirect.
Another significant case, John Dugger v. Honeywell International Inc., delved into the concept of product liability. John Dugger, a mechanic, developed mesothelioma after working with asbestos-containing automotive products. The court ruled that manufacturers and distributors can be held accountable for injuries caused by their asbestos-containing products, emphasizing the importance of clear warning labels and proper safety instructions. This verdict set the stage for individuals to seek compensation from product manufacturers, thereby incentivizing companies to produce safer alternatives and disclose potential hazards.
These landmark cases collectively underscore the significance of a Maryland mesothelioma lawyer in guiding victims through the intricate legal process. The variations of the keyword “Maryland mesothelioma lawyer” resonate throughout these cases, as each lawsuit emphasizes the necessity of experienced legal representation in securing justice and rightful compensation. These legal battles not only provide compensation to victims and their families but also contribute to raising awareness about the dangers of asbestos exposure and fostering safer work environments.
The complex and intricate legal landscape surrounding mesothelioma cases has been shaped by precedent-setting lawsuits like Robert Murphy v. Hopeman Brothers, Inc. et al., Cynthia Cartwright et al. v. Cyprus Amax Minerals Company et al., and John Dugger v. Honeywell International Inc. These cases highlight the obligations of employers, the consequences of secondary exposure, and the importance of product liability in asbestos-related cases. Seeking the expertise of a Maryland mesothelioma lawyer is essential for individuals and families grappling with the devastating effects of mesothelioma, ensuring their rights are protected and justice is served.
Maryland Mesothelioma Law FAQs
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 an experienced attorney who specializes in asbestos-related cases. These cases can be complex and may involve multiple defendants and significant medical and legal challenges. An attorney can provide guidance and help plaintiffs navigate the legal process to seek the compensation they deserve.
What is the mesothelioma lawsuit about?
A mesothelioma lawsuit is a legal action taken by individuals who have developed mesothelioma, a rare and aggressive form of cancer, as a result of asbestos exposure. These lawsuits aim to hold responsible parties accountable for their negligence or wrongful actions that led to asbestos exposure and subsequent development of mesothelioma. Here are the key aspects of what mesothelioma lawsuits are typically about:
- Asbestos Exposure: Mesothelioma is primarily caused by exposure to asbestos, a mineral that was widely used in various industries for its insulation and fire-resistant properties. Asbestos exposure can occur in the workplace, at home, or in other settings where asbestos-containing materials are present.
- Defendants: Mesothelioma lawsuits typically target companies, manufacturers, and other entities that produce, use, distribute, or sell asbestos-containing products. These defendants may include asbestos mining companies, manufacturers of asbestos products, construction companies, and employers who exposed workers to asbestos.
- Legal Claims: Mesothelioma lawsuits are based on various legal claims, including:
- Negligence: Plaintiffs must demonstrate that the defendants had a duty to protect individuals from asbestos exposure, that they breached that duty through negligence, and that this breach directly resulted in the plaintiff’s mesothelioma.
- Strict Liability: Some jurisdictions allow strict liability claims, which hold defendants liable for harm caused by their asbestos-containing products, regardless of whether negligence is proven.
- Failure to Warn: Manufacturers and suppliers of asbestos-containing products have a duty to warn users about the dangers of asbestos exposure. Failure to provide adequate warnings can be a basis for legal action.
- Compensation: The primary goal of mesothelioma lawsuits is to seek compensation for the damages suffered by the plaintiff. This compensation may include medical expenses, lost wages, pain and suffering, and other related costs. In some cases, punitive damages may also be sought to punish defendants for their reckless behavior.
- Class Action or Individual Lawsuits: Mesothelioma cases can be part of class-action lawsuits, where multiple plaintiffs with similar claims join together to sue common defendants. Alternatively, they can be individual lawsuits filed by mesothelioma victims or their families.
- Statute of Limitations: Mesothelioma lawsuits are subject to a statute of limitations, which varies by jurisdiction. It’s important for potential plaintiffs to consult with an attorney as soon as possible after a mesothelioma diagnosis to determine if they have a viable legal claim.
- Settlements and Trials: Many mesothelioma lawsuits are settled out of court, with defendants agreeing to compensate plaintiffs. However, some cases go to trial if a settlement cannot be reached.
- Bankruptcy Trusts: Some companies facing 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.
Mesothelioma lawsuits are about seeking justice and compensation for individuals who have developed mesothelioma due to asbestos exposure. These lawsuits hold responsible parties accountable for their actions and aim to provide financial support to victims and their families facing the physical, emotional, and financial challenges associated with this devastating disease. Consulting with an experienced attorney is crucial for those considering a mesothelioma lawsuit to navigate the legal process effectively.
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.
Call Our Maryland Mesothelioma Lawyer Today!
Hiring a lawyer can make an incredible difference in how you are able to resolve your case. Many people who wait until the last minute to hire a lawyer are not able to receive legal help because they act too late. There are legal services available that are cost-effective and personalized so that you can get the best outcome possible. 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.