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Archive for the ‘legal advice’ Category

Mesothelioma Hits Families Hard

Thursday, October 15th, 2009

Mesothelioma is devastating. On top of the symptoms they are already experiencing, mesothelioma victims learn that there is no cure for the disease, treatments at best slow the advance of the disease, that the average survival rate after diagnosis is one year, and that they can expect the disease to spread rapidly and painfully through their body.

No one wants to suffer through this terrible disease, and no one wants to watch a loved one suffer through it either. Yet, the horrific greed of asbestos companies has left a tragic legacy – as many as 3000 victims and families have to deal with a mesothelioma diagnosis every year in the United States.

The emotional and financial toll on the family is often put on the back burner as treatment options are explored and initiated. Wives and husbands have to put their lives on hold as they care for those they love, take them to treatments, feed, bathe, and medicate them. Their own needs are often forgotten until exhaustion hits.

Add to this the emotional pain of watching one of the people you love most in this world go through such agony and despair. Many spouses we’ve spoken to say they’d rather have the disease themselves than watch the love of their life suffer so much.

On top of all of this, most families feel tremendous financial strain as they try to pay for medical bills following treatment. A person must put their last wishes and finances in order, and this typically involves legal expenses. Income from work ceases. Then, after their loved one passes, a family must find a way to pay for a funeral and burial or cremation expenses.

Right away and for the rest of their lives, the loss of the victim is felt sharply. In legal terms, this is called loss of companionship. In reality, people must learn to live without someone they’ve shared their life with for decades.

All of these factors create what is often an overwhelming strain on spouses and family members of the victim. Deep anxiety and depression can occur.

That’s why we believe that families need support during this time as well. There is a comprehensive list of caregiver resources available here that we hope will make this situation just a bit easier. Contact us for a free mesothelioma information guide that includes tips for keeping yourself healthy, dealing with the emotional strain, how to care for your loved one, keeping documents organized, and much more.

Illinois Mesothelioma Lawyer

Monday, September 21st, 2009

From the “Windy City” of Chicago in the northeast down to Madison County in the southwest, Illinois is a state that owes much of its success to heavy industry. Steel mills, manufacturing plants, and automobile factories are all well represented within the state. Though these industries have brought employers and jobs to the great state of Illinois, they have also brought an increased risk for asbestos exposure and mesothelioma.

Illinois Plants and Industry

Illinois is considered to be the industrial epicenter of the Midwest. Chicago is especially notable for its strong ties to the steel and automotive industries. Within these manufacturing plants, asbestos was widely used for its insulation and fire-resistant properties. At Ford and General Motors manufacturing plants, asbestos was used in vehicle products such as brake pads.

Steel mills such as Inland Steel, Republic Steel, and Interlake Steel have also been linked to a heightened risk of asbestos exposure. Illinois oil refineries have been linked to mesothelioma as well, with notable employers that include Shell Oil, Sinclair, and Mobil.

Illinois Vermiculite Processing

W.R. Grace and Company is one of the most notorious companies when it comes to asbestos exposure. The company, which operated an asbestos mine in Libby, Montana, has undergone several federal trials concerning long-term negligence and cover-ups related to unsafe exposure to asbestos.

From 1974 to the 1990s, W.R. Grace shipped asbestos-contaminated vermiculite to a plant in West Chicago for processing. Due to the high amounts of asbestos fiber that were released into the air during processing, this region of West Chicago has been deemed an EPA Superfund site by the U.S. government. Both employees of the plant and those living in the surrounding area may have been exposed to high levels of asbestos.

Mesothelioma in Illinois

Mesothelioma lawyers at Simon, Eddins & Greenstone, LLP have significant experience when it comes to asbestos-related lawsuits in Illinois. Our mesothelioma attorneys have filed petitions in a number of high-risk Illinois regions, including Cook County, Grundy County and Madison County.

Illinois is bound by a number of unique mesothelioma state laws that require considerable knowledge and expertise. Contact us today to find out how our mesothelioma lawyers can help with your Illinois asbestos lawsuit.

Georgia Mesothelioma Lawyer

Thursday, September 17th, 2009

Georgia is a state that faces a number of unsafe sources for asbestos exposure. From industrial worksites to asbestos products historically used to insulate Georgia homes and buildings, many Georgia residents are at risk for developing mesothelioma. A mesothelioma lawyer skilled in Georgia litigation can help asbestos sufferers seek fair compensation for their illness.

Georgia Plants and Industry

A number of heavy industry employers in Georgia have been identified as known sites of elevated asbestos exposure. Industrialized cities and towns such as Macon, Rome, Cartersville and Waynesboro and others are at an especially high risk. Notable Georgia employers that have been linked to mesothelioma include, but are not limited to:

  • United States Army Base, Fort Benning
  • Georgia-Pacific (several locations)
  • Atlanta Journal Building, Atlanta
  • Bowen Power Plant, Cartersville
  • Kraft Power Plant, Port Wentworth
  • Scherer Power Plant, Macon
  • Young Refining, Douglasville
  • Valdosta Tannery, Valdosta
  • Vogtle Plant, Waynesboro

Naturally Occurring Asbestos in Georgia

Georgia is home to an unusually high number of areas that contain naturally occurring asbestos. The U.S. Geological Survey has documented 52 unique areas in the state that have large deposits of the fiber. The majority of these deposits are found in the northern region of Georgia, along the state’s border with North Carolina. Citizens living around these regions, particularly those near dormant asbestos mines, may be at an increased risk for unsafe asbestos exposure.

Mesothelioma in Georgia

Negligence of Georgia employers and mining companies is often the root cause of mesothelioma in the state. The team of mesothelioma lawyers at Simon, Eddins & Greenstone, LLP has extensive experience in Georgia law and litigation.

Our mesothelioma attorneys have filed petitions on behalf of Georgia residents in areas such as Fulton County. For examples of our successful track record with mesothelioma litigation, please view our featured cases and verdicts.

Mesothelioma not Limited to Veterans and Laborers

Friday, September 11th, 2009

It is true that many of the cases our mesothelioma attorneys see are the result of asbestos exposure that occurred while the victim was employed as a laborer in the construction or automotive industries, or while serving in the U.S. Armed Forces. This is because asbestos products were widely used in these industries for fireproofing, insulation, and friction protection.

What many people may not realize is that asbestos was also widely used in homes, schools, and consumer products such as toasters, curling irons, and hairdryers. Teachers and hairdressers are among those diagnosed with mesothelioma. A percentage of victims were exposed to asbestos when their childhood homes were renovated. Children were also exposed at school. Housewives received secondary exposure when their husbands unknowingly tracked asbestos home on their clothes.

Most people living in the United States during the years of widespread asbestos use have likely had some level of asbestos exposure. Various federal and state regulatory boards have stated that there is no safe level of asbestos exposure. That does not mean every one exposed will develop mesothelioma or everyone living during that time should be overly worried about mesothelioma.

What it does mean is if you know you were exposed to asbestos, you should contact your physician as soon as possible to discuss your exposure and possible mesothelioma screenings. If you have developed mesothelioma but are unsure when or where you were exposed, our mesothelioma lawyers may be able to help.

Should I Settle or Try My Mesothelioma Case?

Thursday, September 10th, 2009

Why You May Be Offered a Settlement

Frequently, the plaintiff in a mesothelioma lawsuit will be offered a settlement. Many asbestos companies have already lost numerous lawsuits and are aware that they have a shaky or inadequate defense. To try to limit their losses, they may attempt to settle the case for less than they think they will have to pay if a jury finds against them.

Some companies have gone bankrupt and lawsuits with merit filed against them can only be settled and paid out at set levels from a fund. It is also sometimes the case that asbestos manufacturers or employers will try to settle a case in order to limit publicity that may scar their company’s reputation.

Some mesothelioma attorneys are much more experienced at reaching settlements than they are at bringing a case to trial. If your attorney falls into that group, they may encourage you to settle rather than try your case; this can have both benefits and drawbacks depending on the specific details of your case.

There are also numerous other factors that might make a defendant try to settle.

Benefits of Settling Your Case

All cases are different, and you should always discuss your options with your mesothelioma lawyer. However, there are some benefits that may generally apply to settling a lawsuit:

  1. Lawsuits can take months or even years to complete. A settlement can frequently resolve the issue in less time, although that isn’t always the case.
  2. Mesothelioma victims can be too sick to participate or would rather spend the precious time they have left with family. A settlement offers them an alternative to court proceedings and typically takes less of their time.
  3. Accepting a settlement means you usually can be confident you will receive a certain agreed on amount of money. If you take your case to court, the outcome of your case is uncertain until the jury finds. If you lose, you will not receive anything.

Benefits of Trying Your Case

As experienced mesothelioma trial attorneys, we know firsthand the benefits many of our clients have seen from trying their case. Again, these are generalizations and may or may not apply to your specific lawsuit:

  1. You have the satisfaction of having your day in court. You can face those you believe to be responsible for your or your family member’s asbestos exposure and show them the pain they have caused.
  2. Settlements can be confidential, and the defendant may specify that the plaintiff is not allowed to disclose the settlement occurred or the amount. This is a way for defendants to avoid public responsibility and guilt that could lead to future losses. If you want the defendant to be publicly found responsible, the courtroom is typically the best way to do that, if the jury finds in the plaintiff’s favor.
  3. Jury awards can be more than is offered in a settlement. It is also possible that they are less, or that the jury finds in favor of the defendant and the plaintiff ends up with nothing. The outcome depends on the details of your case.
  4. Evidence presented in court could help other mesothelioma cases. This information goes on public record and can be used in other lawsuits.

Discuss Your Case with a Mesothelioma Lawyer

While this blog is meant to help you understand the typical or general benefits of settling and trying your case, it is not a substitute for an attorney’s informed and experienced counsel. Be sure to discuss the benefits and drawbacks of a trial and a settlement, as they specifically apply to your case, with your lawyer.

 
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