Cameron Mesothelioma Lawyer

Cameron Mesothelioma Attorney

Mesothelioma is a form of cancer that grows in the lining of certain organs, including the lungs. It is an aggressive cancer and is often not diagnosed until it is late stage. A diagnosis of mesothelioma can be devastating to a family. If you were diagnosed, it is important to talk with a Cameron mesothelioma lawyer. The right lawyer can determine if you can file a claim against a negligent property owner, product manufacturer, or employer for your damages.

Cox Law Firm: Supporting Those Diagnosed With Mesothelioma

Many individuals were exposed to mesothelioma-causing asbestos because of the negligence of companies. These companies knew the danger of their products, properties, or worksites, but focused on profit instead of safety. At the Cox Law Firm, we have decades of experience in personal injury law and significant experience in mesothelioma claims. We want to hold these companies accountable for their failures and secure you the financial compensation that you need.

Cameron and Cameron Parish are served by the 38th Judicial District Court, and this is where you will file a civil claim in most cases. The Cameron Parish Courthouse is located in Courthouse Square, Smith Circle.

How Do You File a Claim for Mesothelioma?

Mesothelioma is linked to asbestos exposure. When that exposure occurred because of the carelessness or misconduct of another party, such as an employer or a property manager, that party could be held liable for the financial and personal damages of a mesothelioma diagnosis. This is the basis of a personal injury mesothelioma claim.

In Cameron Parish, there have been fewer than 10 asbestos-related deaths from 1999 to 2017. Statewide, there were 5,092 during the same period. Of these deaths, 927 were caused by mesothelioma. Asbestos-related deaths can result from other illnesses besides mesothelioma, including other types of lung cancer and asbestosis. Asbestos exposure can lead to other health issues and illnesses, including chronic obstructive pulmonary disease (COPD) and pleural plaques.

If you have been diagnosed, the first step to filing a claim for mesothelioma is to talk with an attorney. Mesothelioma often takes years or decades to be diagnosed, which can complicate claims. Getting in contact with an attorney can help you review the specifics of your diagnosis to determine how you were exposed to asbestos and whether you have the grounds for a claim.

An attorney will review things like your medical history and your work history. Employment-related asbestos exposure frequently causes health complications due to the length of exposure employees suffer. Louisiana has an especially high rate of malignant mesothelioma, with an average rate of 14.2 per 1,000,000 residents from the years 2016 to 2020. Nationwide, the average rate of malignant mesothelioma was 9.9 per 1,000,000 residents.

What Is the Process of a Mesothelioma Claim?

Your attorney will gather evidence for your claim, including medical documentation, work history, witness testimony, and other information. If a valid claim exists, your attorney will file a complaint with the court that lists proof of your illness and why the at-fault party should be held accountable. While each claim is unique, the case may then follow these steps:

1. The complaint is filed, and the papers are served to the alleged at-fault party, known as the defendant.
2. The defendant will respond to the complaint, such as by admitting the fault or denying it.
3. The discovery process occurs, leading to the exchange of information between parties.
4. You and the defendant may enter into settlement talks at this time.
5. If a trust fund exists for your specific mesothelioma claim, your attorney will try to get compensation through this method.
6. If a fair settlement can’t be reached, then the case will go to trial.
7. The judge on the case will listen to the evidence presented by both sides to determine the verdict of the case and the amount of compensation you will be awarded.

Working with an attorney is incredibly beneficial in this process. An attorney can help you meet deadlines, file correctly, and advocate for your interests in negotiations or in court. You are more likely to get the most compensation possible when you work with an attorney.

FAQs

Does Mesothelioma Qualify for Disability?

Mesothelioma may qualify for disability, such as Social Security Disability Insurance (SSDI). These benefits give you financial support if you cannot work because of your condition and you are not yet eligible for retirement benefits. You must have paid enough in Social Security taxes to qualify for SSDI.

Filing a civil claim could also recover some benefits for the long-term effects that mesothelioma has on your life, including the income lost and the emotional toll on your life.

Has Anyone Ever Recovered From Mesothelioma?

Yes, some people who were diagnosed with mesothelioma became cancer-free or otherwise outlived their prognosis. Some patients live many years or even decades past their diagnosis. Survival rates have increased over the past several decades, increasing nearly 10% for the one-year survival rate from 1975 to 2016 and increasing 8% for the four-year survival rate from 1975 to 2013. The five-year survival rate as of 2016 was 12.2%, which may also indicate an increase.

Are Mesothelioma Settlements Taxable?

Mesothelioma settlements are not entirely taxable, and taxability depends on the types of damages awarded. Most damages are not taxable because they are considered a replacement for a loss, not income.

However, the damages in a claim that cover income may be taxable as if they were earned income. If your settlement includes punitive damages, this is also likely taxable because it does not recover a loss. An attorney can help you determine what would be taxable in your claim.

What Is the Timeline to File a Mesothelioma Claim?

The deadline for filing mesothelioma claims is a set period of time, typically from the date you were injured or exposed. However, a mesothelioma claim may have a deadline that begins from the date of your diagnosis. It is important to act quickly. If you miss the deadline, you will be barred from compensation. To determine what applies to your case and what laws apply to your time limit, it is important to talk with an experienced attorney.

Contact Cox Law Firm

Mesothelioma claims are exceptionally complex, and it is important that the attorney you work with has experience in these cases and the laws that impact your ability to file a claim in Cameron. Contact the Cox Law Firm today to determine if you have the grounds for a mesothelioma claim.