A mesothelioma diagnosis can be overwhelming, but you do not have to face it alone. Working with an experienced Grand Junction Mesothelioma lawyer can help you understand your rights and explore the legal options available to you. While focusing on your health is your top priority, filing a personal injury lawsuit can also help you secure the financial resources needed to support your treatment and your family.
As a mesothelioma patient, you have the right to pursue compensation from companies that knowingly exposed you to asbestos. These claims can provide relief for medical costs, lost income, and the pain and suffering caused by negligent exposure.
At Veritas Injury Lawyers, our seasoned personal injury attorneys have extensive experience handling asbestos exposure and mesothelioma cases. We combine deep knowledge of personal injury law, workers’ compensation, and asbestos litigation to build strong claims on behalf of our clients. As our case results demonstrate, we have a long history of helping victims and their families achieve meaningful outcomes.
For more information about Veritas Injury Lawyers, read our clients’ reviews.
How Does Asbestos Exposure Cause Mesothelioma?
Asbestos exposure is the primary cause of mesothelioma, a cancer that develops in the thin lining surrounding your organs. Here’s how it happens:
- Inhalation or Ingestion: Asbestos fibers, which are microscopic and brittle, are inhaled or swallowed. This can occur in workplaces where asbestos is used, in buildings where asbestos products are disturbed, or near naturally occurring deposits of the mineral.
- Trapped in the Mesothelium: These fibers become trapped in the mesothelium, the membrane lining your lungs, abdomen, and heart.
- Inflammation and Scarring: The asbestos fibers irritate and inflame the mesothelial cells. Over time, this chronic irritation can lead to scarring.
- DNA Damage: The persistent inflammation and the physical properties of the fibers themselves are thought to damage the DNA of mesothelial cells.
- Mesothelioma Formation: Damaged DNA can cause uncontrolled cell growth, eventually leading to the formation of malignant mesothelioma tumors.
It’s important to note that not everyone exposed to asbestos will develop mesothelioma. The risk factors include the amount and duration of exposure. If you are concerned about past asbestos exposure, it’s wise to consult a doctor for monitoring and risk assessment.
Who Is Most at Risk for Mesothelioma?
While not everyone who spends time around asbestos develops mesothelioma, people with certain risk factors are more likely than others to develop the condition. Unlike many other medical conditions, mesothelioma has a long latency period. Most patients develop mesothelioma and learn about their serious diagnosis anywhere from 10 to as much as 50 full years after their initial exposure to asbestos. Consequently, because of the cumulative nature of how asbestos exposure builds up in a person’s body, older adults who lived or worked around asbestos several decades ago are most at risk for developing mesothelioma.
Most commonly, asbestos develops in people who had repeated exposure to asbestos through their occupations, such as the following:
- Construction workers, pipefitters, and insulation installers who regularly handled material containing asbestos
- Military veterans, particularly those who received exposure in military aircrafts, barracks, or vehicles
- Millers and miners
- Manufacturing and industrial workers
- Automotive workers
In addition, some workers unknowingly brought home asbestos fibers on their clothing, which led to second-hand exposures in their family members.
Our dedicated Grand Junction mesothelioma attorneys have experience helping workers and families pursue mesothelioma claims after asbestos exposure.
How Can I Hold Those Responsible for My Asbestos Exposure and Mesothelioma Accountable in Colorado?
Holding the parties responsible for your asbestos exposure accountable can be a complex process. However, with the help of an experienced mesothelioma attorney, victims in Grand Junction are much more likely to receive the compensation they deserve. From understanding your legal rights to navigating the complex legal process, here are the steps you need to take to assert your legal rights in the face of this challenging diagnosis.
Gather Evidence of Asbestos Exposure
The success of your legal case may hinge on the evidence that you and your attorney can collect that connects your exposure to asbestos with your mesothelioma diagnosis. Begin by creating a detailed timeline of your work and living environments, collecting any relevant employment records, and documenting your medical history with a focus on your diagnosis and prognosis.
Seek Legal Counsel Specializing in Mesothelioma Cases
Choosing the right attorney is one of the most critical decisions you will make. Look for a lawyer or a law firm with a proven track record in mesothelioma litigation and a deep understanding of asbestos regulations and related industries. Many firms offer free consultations, during which they can assess the strength of your case.
File a Lawsuit or Claim
Your attorney will guide you in deciding whether to file a lawsuit or submit a claim with an asbestos trust fund. Asbestos trust funds are established by bankrupt companies to handle their asbestos liabilities. The choice will depend on the circumstances of your exposure and the most advantageous route to secure compensation.
Navigate the Legal Process
Once you file a lawsuit or claim, the legal process often becomes lengthy and complex. You may need to give a deposition, where you provide sworn testimony outside of court, and you might also appear before a judge. Your attorney manages the day-to-day proceedings and keeps you informed at every step.
Pursuing legal action represents a significant step toward holding those responsible accountable and securing the compensation you deserve. Although the process can feel arduous, with the right resources and support, you can actively fight back against the injustices of asbestos exposure. Mesothelioma patients should feel empowered to seek legal representation and take meaningful action against those at fault.
Statute of Limitations for Mesothelioma Claims
Receiving a mesothelioma diagnosis can be devastating. Your first desire is likely to spend as much time with your family as you can, while you focus on your health. The last thing that you probably want to even think about is spending time in court fighting a legal battle. Unfortunately, you do not have unlimited time to bring a mesothelioma claim. Under Colorado Revised Statutes § 13-80-102, the state generally grants people only two years from the date that they discovered that they have developed mesothelioma to bring a claim. However, because of mesothelioma’s long latency period, the two-year statute of limitations does not begin on the date of your initial exposure. It generally starts on the date that you receive a diagnosis from your doctor. If you lost your loved one due to mesothelioma, your family would have two years from the date of your loved one’s death to bring a legal claim. However, if you pursue a wrongful death lawsuit, your family would not be entitled to collect for the pre-death pain and suffering of your lost loved one.
Pursuing a legal claim as soon as possible after receiving a diagnosis is essential because it could give you and your family the compensation you need to obtain all your necessary medical care and give your family peace of mind.
What Compensation is Available in a Mesothelioma Case?
If you developed mesothelioma, you could potentially be eligible to recover different types of compensation to cover your injuries and other losses. Depending on the circumstances and the strength of your evidence, you could seek money to cover your medical expenses and treatment, lost wages, income, and future anticipated lifetime earning capacity, pain and suffering, mental anguish, loss of consortium, and diminished quality of life.
Our Grand Junction attorneys at Veritas Injury Lawyers will work tirelessly on your behalf to advocate and fight for you in your mesothelioma claim. We will help you present a claim that shows the severity of your illness and magnitude of your losses in order to help you recover the maximum possible amount of compensation.
