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June 23, 2008

Choosing an Expert Mesothelioma Attorney/Lawyer

According to mesothelioma laws, if you are diagnosed with mesothelioma cancer, you are entitled to get compensation from the responsible asbestos industry. For this, you need an expert mesothelioma attorney/lawyer to file a lawsuit against the responsible party and win the highest compensation money possible.

However, it is not as easy as it seems. Hiring a mesothelioma attorney/lawyer can be a pretty tough job if you have never set foot in a lawyer’s office. While choosing an expert mesothelioma attorney/lawyer, you need to consider a number of things before you hire him/her to present you in a mesothelioma or asbestos lawsuit.

You may not know all the important things to keep in mind for choosing an attorney. Here we have compiled some important points that you should consider while choosing an expert mesothelioma attorney/lawyer.

Check out an Attorney’s/Lawyer’s Credentials
Do not go for television advertisements and billboards. They are not important enough for choosing an expert attorney to fight your mesothelioma case. Check out the credentials of the mesothelioma attorney you want to fight your case.

The main things to focus are the accomplishments of the lawyer, the mesothelioma cases s/he has won, way of handling cases and other related things. Remember, most of the best law firms or attorneys do not go for advertising as they don’t need to publicize themselves.

Don’t get impressed by Big Names
Big law firms with lots of attorneys and money always seem the best choice for fighting your case. However, due to their work load and pressure, your case might be assigned to a junior attorney, lawyer or a paralegal who might not be competent enough to handle your case as seriously as it demands.

You don’t want your case to be dragged for extended period of time with numerous court visits and endless arguments. You should know that in many cases an expert mesothelioma attorney/lawyer, can get the case settled outside the court. You might not be up for so much exertion and stress while suffering from mesothelioma. This might happen if a junior lawyer from a big firm is handling your case instead of an experienced attorney whom you wanted instead.

Your lawyer does not necessarily have to be in the same state as you. According to the laws, an attorney can practice in any state for a specific area regardless of the office or staff.

Decide the Fee before Hiring an Attorney/Lawyer
It is advised that you decide the terms and conditions for payment before hiring a mesothelioma attorney/lawyer. When you choose a mesothelioma or asbestos attorney, talk about the fees and how it would be paid when you receive compensation. In most of the mesothelioma cases, contingency payments are made. It means that the attorney/lawyer only gets paid if they win compensation for you. Most of the mesothelioma and asbestos cases are handled on contingency basis by law firms.

The rate for contingency fee varies from state to state. Usually it ranges form 33-40% of the total compensation amount after deducting the expenses. Be sure to discuss the matter of fees and payment, the services covered in that fee and any other concerns openly. This will save you any problems that might occur afterwards.

Understand the Legalities involved in the Case
While choosing a mesothelioma attorney/lawyer, it is vital that you ask your attorney to keep you informed on the legalities of the case and the case proceedings. Your lawyer must agree to this before you sign an agreement with her/him. If the attorney you want to engage does not agree to your active participation in decision making and other important matters, it is advised that you look somewhere else for an expert mesothelioma attorney.

Your attorney should be a trusted partner whom you can trust completely to win your case. If you feel that you cannot trust your attorney on his/her expertise, skill and dedication to your case… perhaps s/he is not the right person for the job.

Some warning signs that can help you determine if you are choosing an expert mesothelioma attorney/lawyer or not:

  • Your mesothelioma lawyer is hard to reach, does not return the calls promptly or does not attend his/her own calls when you need them most
  • Your mesothelioma attorney is not interested in what you have to say and only does what he deems right
  • During the initial meetings, you doubt his/her competence, experience and integrity to fight your mesothelioma case

Filing your mesothelioma case is a very important issue as it’s your only chance of winning money that could help you and your family in this time of dire need and pain. Choosing an expert mesothelioma attorney/lawyer is imperative as an incompetent attorney can lose your case and all chance of remuneration.

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Truck Hit Causes Asbestos Exposure, Destruction of Classroom and Teacher’s Work of 20 Years

Massive amount of asbestos was released when a truck hit through the wall of Northampton Primary School earlier this year destroying a classroom. The truck caused asbestos discharge, wasting 20 years’ work of a teacher. Each and every item in the classroom has to be replaced as it was contaminated with asbestos and was dangerous for the pupils. The teacher burst into tears when she came to know about her hard work being wasted.

The crash caused a lot of damage to the school building that is estimated to be more than £7,844. Although the monetary loss would be covered yet the loss to the teacher and the pupils cannot be covered up. David Bush aged 21, of Stanley Street, Semilong, is cited as causing the accident when he crashed the hot wired the truck into the school building. He was convicted in a trial at Northampton Magistrates’ Court for illegally smashing the truck into the school building causing damages.

It was mentioned in the court that the classroom became contaminated with asbestos because of the damage done by the truck hitting the wall. The toxic fibers of asbestos were released all over the room, after the truck shattered the asbestos insulation board.

“The head teacher was working inside the premises when he heard a loud bang. He thought it was workmen at the school, as building work was taking place at the school at the time,” Abigail Turner, the prosecuting attorney told the magistrates. She also remarked, according to her investigation, that the truck was being used for building work at the school. While the trial was proceeding, Bush admitted that he was driving the truck but denied the damage for which he was accused. He claimed that after he started the engine, another person drove the car and Bush jumped in the truck to save it from the hitting the classroom.

Nonetheless, the magistrate declared that his version of the story could not be believed and sentenced him, after he argued in the entire trial that he did not cause the damage. Asbestos is a natural mineral that can lead to mesothelioma and other cancerous diseases if it is inhaled. It has also been declared as a legitimate cause of death by the US government; thus anyone causing damage to general health of public through asbestos is liable to a punishment by the state.

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Alimta®-Platinum Compound for Pleural Mesothelioma treatment

Clinical trials, conducted in Italy, have proved the chemotherapy combination of Alimta® (pemetrexed) with a platinum compound (Platinol® [cisplatin] or Paraplatin® [carboplatin]) respond well for pleural mesothelioma treatment.

The results, presented at the 2007 annual meeting of the American Society of Clinical Oncology, confirmed previous findings of the same, which were as follows:

• Chances of survival increased to about 64%.
• Cancer progression decreased by about seven months.
• Anticancer responses were higher by 26.3% for patients who took Alimta/Platinol when compared with 21.6% for those who took Alimta/Paraplatin.
• Blood cells’ level of Alimta/Platinol patients dropped extensively and frequently than Alimta/Paraplatin patients.

An active combination of Alimta/Platinum, i.e. Alimta with Platinol or Alimta with Paraplatin was given to 745 untreated patients who responded well to the pleural mesothelioma treatment.

Pleural mesothelioma, a rare cancer on the tissues of the lungs leading to the chest, is caused most often by exposure to asbestos. Diagnosed only in its last stage, pleural mesothelioma does not respond to the typical cancer treatments.

Mesothelioma patients may consult with their physician prior to the Alimta and platinum compound pleural mesothelioma treatment for risks and benefits, or visit the National Foundation for Cancer Research at their web site

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HEALTH ALERT: ABSESTOS SAFETY- call for action worldwide

The recent fire breakout in the premises of a building in Texas has caused the emittance of the well-known cancer causing compound-asbestos. Residents are instructed to stay away for the next six months.

This is alarming not just for them, but for the entire nation as the rate of diagnosis of mesothelioma rises.

Asbestos, known for causing a deadly form of cancer-mesothelioma which, if not diagnosed early, proves fatal. It is waterborne as well as airborne and asbestos safety warnings are spreading through media as well as health organizations.

The discovery of the hazardous effects of asbestos in the 1960s caused uproar countrywide and litigations rose against companies who used asbestos-containing products. The heavy fines, however, could not compensate for the resultant numerous deaths, which continue to rise.

Presently, the awareness that the presence of asbestos resulting in mesothelioma cancer, is not only limited to miners and factory workers, but also exposed through household products, toys, building material and chemical products.

Countries such as the United States and the United Kingdom have imposed ban on the use of asbestos and citizens’ campaigning has risen to promote asbestos safety.

A major concern that has yet to be voiced is against one country that exports on a massive scale production range from toys to heavy duty machinery throughout the world and legal action could cost them heavily as well the large multinational corporations whose orders are placed with them.

The government, at its discretion, has taken precautionary measures by ordering companies whose products that have tested positive for asbestos after laboratory tests, to take their product off the market.

However, due to this discretion, companies continue to use asbestos and import them to places where the ban is yet to be imposed. The absence of a public message warning people against the use of asbestos containing products is of grave concern.

Advice on asbestos safety measures must be dealt with immediately before its too late!

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Mesothelioma Statistics 2007

The year 2007 has revealed an increase in the number of people with mesothelioma occurring between the ages of thirty and forty years.

Every year, as much as 2,000 to 3,000 new patients are diagnosed with mesothelioma. An estimated seventy-five percent cases are caused by direct exposure to asbestos is the main cause.

As a result, mesothelioma statistics may not accurately reflect the number of people who develop the disease. Statistics for the year 2007 indicate that men are more prone to mesothelioma than women due to exposure at work.

Statistics reveal, due to mesothelioma’s latency period, people between the age bracket of 50 and 70 years were commonly the sufferers

Based on industry and occupation, statistics indicate that mesothelioma is likely to be found in people working in industries like construction, railroad, shipyard, manufacturing, automobile industries with construction industry only having about 1.3 million people being exposed to asbestos.

Mesothelioma and Life expectancy post- diagnosis:

Mesothelioma statistics indicate life expectancy of people after detection of to be about an average of one year and with early detection and aggressive treatment as much as two to five years at the most. According to mesothelioma statistics, between 43,000 and 230,000 people have died from the cancer throughout the country. An average cost incurred by the patient is about USD 400,000 and USD 800,000 for treatment.

Mesothelioma is incurable. Owing to the fact that Mesothelioma treatments cost substantial amount of money, patients need to file lawsuits to recover medical and other costs related to this disease.

Mesothelioma statistics do not indicate the figures related to people who are susceptible to this disease or who are presently victims of mesothelioma.

Mesothelioma statistical research:

Companies using asbestos are initiating research in the field, as people diagnosed by this disease claim compensation for asbestos exposure. The National Institute of Cancer performs continuous Mesothelioma research on the cause, symptoms, diagnosis as well as cure and treatment of the disease. Mesothelioma statistics help to gain an insight into research conduction by focusing on areas that require attention.

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Asbestos in toy products

Planet Toys’ premium toy, Planet Toys’ CSI: Crime Scene Investigation™ Fingerprint Examination Kit, tested by three laboratories indicated white “fingerprint dust” in the kits, which contained high levels of tremolite asbestos.

Senator Patty Murray (D-WA) appreciated Planet Toys’ decision to remove the toy from the US market that has tested positive for asbestos and wrote a letter to retailers requesting to stop the sale, which was immediately complied with.

Experts suggest a single exposure to tremolite asbestos is enough to increase risk of developing mesothelioma and other lung diseases associated with asbestos.

Planet Toys in New York City, the manufacturer and distributor of these toys claimed they have been checking the plants in China that make these toys. Chinese collections of plastic tools and different kinds of fine powder are found to contain asbestos. Doctors fear children playing with these toys will inhale the lethal substance leading to Mesothelioma.

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Mesothelioma deaths in UK

Last year itself the number of deaths due to mesothelioma in Britain amounted to an estimate of two thousand people.

According to an American study conducted by a non-profit research organization, Rand Corporation, it is indicated as much as 73,000 people have gone in for financial support and compensation for asbestos related disease, mesothelioma.

According to Amicus’ Health and Safety Officer, Rob Miguel, “Mesothelioma can develop up to 60 years after and because of this long delay it has been calculated that the number of UK cases will continue to rise until 2015. At present, some 2000 people a year die from this terrifying disease in the UK and by 2050 it is anticipated that 95,000 people will have died from mesothelioma.”

This indicates:

• 1,900 people die from mesothelioma each year in the UK
• 95,000 people will die from mesothelioma by 2050 in the UK
• 250,000 people will die from mesothelioma in Western Europe by 2035

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Mesothelioma Law Information

The history of asbestos and mesothelioma law goes back to more than 1980 since, the time since asbestos dangers were discovered. Mesothelioma laws were made to protect people from this deadly cancer and to punish the companies who deliberately exposed their workers to asbestos even after knowing its dangers.

The mesothelioma law states that if you have been knowingly exposed to asbestos or if you have lost someone to an asbestos related disease, you have a right to seek compensation and bring to justice the people responsible for your loss. While the monetary compensation will not relieve the anguish and pain of the disease, it will at least ease the financial burden of your medical bills and expensive treatment and improve the quality of life for you and your loved ones.

Mesothelioma is a 100% preventable disease. However, it was due to the careless and greedy nature of some people who did not care for general health and endangered innocent lives for personal gain. This includes people who manufacture, sell, supply and exfoliate asbestos at processing plants.

Working or dealing with asbestos without any safety measures leads to inhalation of asbestos by large number of people living or working in the vicinity. When inhaled, the particles and dust released from asbestos can settle in the lining of stomach, heart and lungs and cause malignant Mesothelioma, a rare cancer only caused by asbestos exposure.

Being a preventable cancer, the sole responsibility of the occurrence and spreading of Mesothelioma lies on people who handle the asbestos industry. Thus, mesothelioma laws hold such people accountable for several lives that have fallen victim to this deadly disease and demands justice from them.

Filing a Mesothelioma Case

Filing a Mesothelioma case can be a difficult decision. Before filing a case, you need to be fully aware of your legal rights so that when you file the case, you emerge victorious.

If you know for sure that mesothelioma laws were violated and you and your loved one were knowingly exposed to asbestos which caused cancer, you have the right to file a mesothelioma case. For this you need to know exactly how or when you were exposed to asbestos.

Before filing the case, you need to see an attorney and work towards strengthening your case to make sure that you are protected by mesothelioma legal rights. Your mesothelioma legal rights enable you to seek compensation from the people responsible for your situation. Filing a lawsuit on behalf of a family member who has lost his/her life due to the disease may pose some limitations on your rights.

To get information regarding mesothelioma and asbestos and get justice, you should seek a mesothelioma attorney as soon as you are diagnosed with the disease. Family members of a deceased Mesothelioma patient can also file for compensation for their personal loss. Laws and procedures for each kind of case differ and it is only after consulting a professional lawyer that you should file a lawsuit to get justice for your suffering and loss.

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Mesothelioma Legal Advice

Mesothelioma was recognized as a legitimate cause of death by the US government in 1989 and consequently commercial use of asbestos was banned. It was done after numerous researches unquestionably proved that mesothelioma is a deadly cancer caused by asbestos exposure. For people who are suffering from mesothelioma, the good news is that now they can get compensated for all their medical expenses and treatment. But, it is not as easy as it sounds. You cannot fight the legal battle on your own for you will require a professional, experienced and a reputable mesothelioma lawyer to help you fight your case and get you fair compensation from the responsible source of asbestos exposure.

In case you decide to not go for a full fledged legal battle your lawyer can also assist you in getting an out of court settlement from the liable asbestos source. To file a case against the offender, you need to have a number of evidences with you which will make your lawsuit strong. This evidence may be your employment record with a company, your medical reports proving mesothelioma as well as witnesses who can testify for you.

Mesothelioma patients or their family members can file a claim against the negligent employers who did not ensure protective workplace safety measures against an asbestos filled environment. The compensation thus obtained can help the patient with the treatment and medical bills and it can help make up for some of the anguish and distress which the patients and their families suffe