Posts Tagged ‘lungs’

California Mesothelioma Lawyer

Wednesday, June 23rd, 2010

For the millions of people in America now suffering with mesothelioma cancer, the question of whether or not they have a valid lawsuit and what it may be worth surfaces. Hearing a diagnosis of cancer is traumatic under any circumstances. Hearing that you may have planted the seeds for that cancer decades ago simply by doing your job is devastating news. That, however, is exactly what has happened too many of the mesothelioma cancer victims in the United States.

Estimates vary, but even conservative estimates put the number of mesothelioma cases that are caused by previous exposure to asbestos at 80%. Some experts put that percentage as high as 90%. Mesothelioma was once considered a vary rare form of cancer. .In people afflicted with mesothelioma, malignant cancer cells are found in the mesothelium, a protective sac that protects and covers many of the body’s internal organs. Scientists and doctors believe that when someone is exposed to asbestos dust particles, these particles are breathed in and subsequently enter the lungs. Years, even decades, later, those particles can cause the cells of the mesothelium to become abnormal and eventually lead to mesothelioma cancer.

If you have recently been diagnosed with mesothelioma cancer, you may be entitled to receive compensation for the injuries you have suffered as a result of the cancer. Under the California laws of negligence, if someone that had a duty of care to you breaches that duty and causes injuries, then you may be entitled to compensation. In the case of asbestos related mesothelioma, if you once worked in any of the numerous industries that used asbestos, then your employer or the manufacturer of the products that contained the asbestos could be responsible for your injuries. According to California mesothelioma lawyer Emery Ledger of Ledger & Associates, under a California personal injury lawsuit such as an asbestos related mesothelioma case, the victim may be entitled to economic and non-economic damages. “Damages” is a legal term that is used to refer to injuries. Economic damages generally include things that have a quantifiable numerical value such as medical bills or time lost from work due to the illness. Non-economic damages are what many people think of as pain and suffering. In addition, under some circumstances, punitive damages can be awarded when the judge believes that the defendant’s actions (or inactions) were particularly egregious and that the defendant acted with malice. California courts have led the way with some of the highest mesothelioma awards in the country and judges have not shied away from awarding punitive damages as part of those awards.

If you have recently been diagnosed with mesothelioma, seek the advice of an experienced California mesothelioma lawyer as soon as possible. While the statute of limitations for asbestos cases does not require that a lawsuit be filed shortly after exposure as many other personal injury cases require, it does require that you file a lawsuit within a short time after you have been diagnosed. For a free and confidential detailed evaluation of your mesothelioma case, contact the mesothelioma firm of Ledger & Associates at 1-800-300-0001 or visit them on the Internet at www.ledgerlaw.com.

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California Personal Injury Attorney Discusses the Cost of Treating Mesothelioma and Why You May Not Be responsible for Paying for It

Saturday, June 5th, 2010

If you are suffering from mesothelioma, then you may already have some idea of how expensive the treatment will ultimately be. As with most cancers, there is no known cure for mesothelioma. Doctors can aggressively attack the cancer with drugs, radiation and chemotherapy as well as alternative medicines and cutting edge therapy, but the survival rate is not high and the cost of that treatment can be exorbitant.

Mesothelioma was once considered a very rare form of cancer that attacks the mesothelium – a sac that surrounds and protects many of our internal organs including our lungs. In recent years, the number of mesothelioma diagnoses has risen dramatically with even more cases expected to surface over the next couple of decades. The reason for the rise in cases over the past couple of decades is that unlike most cancers, mesothelioma has an extremely long latency period – in some cases as long as 50 years. The cancer’s long latency period means that the patients being diagnosed today were most likely exposed to asbestos in their work environment decades ago. While it is possible to develop mesothelioma without exposure to asbestos, doctors and scientists all agree that the biggest risk factor for developing the cancer is asbestos exposure. As many as 90% of all mesothelioma cases can be traced back to asbestos exposure.

The cost for treatment of mesothelioma can run over one million dollars. The cancer fighting drugs that are used to try and combat the cancer can cost over $5,000 per round of treatment. Gene therapy, another possible treatment for mesothelioma patients can run from $150,000 to $950,000 with no guarantee of success. Clearly, the cost to the patient for treating mesothelioma can quickly exceed what many people earn in a lifetime. Why should you be responsible for paying the cost to treat a disease that was likely caused by the negligence of someone else?

The laws of California allow victims to sue a negligent party for injuries and damages caused by that negligence. According to California personal injury lawyer Emery Ledger of Ledger & Associates, California law has a special statute dedicated to victims of asbestos related injuries. Under the asbestos statute, victims of asbestos related injuries may file a lawsuit up to one year after suffering from a disability related to the asbestos or within a year after they reasonably should have known they were suffering from a disability related to the exposure to asbestos. What this means for mesothelioma sufferers is that even if your exposure to the asbestos was 30 years ago, if you have just now been diagnosed with mesothelioma, you may still be able to file a lawsuit against the manufacturers of the products that contained the asbestos or your employer – both. If you are successful in your lawsuit, you may receive compensation for your injuries and your pain and suffering. Under California law, a negligent party can be held responsible for all the medical bills associated with the injuries that they caused which would go a long way in easing the burden on you – the victim.

If you believe that you are a victim of asbestos related mesothelioma and would like to explore your legal options, contact California personal injury lawyer Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit his website at www.ledgerlaw.com.

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California Mesothelioma Lawyer Talks about the Causes of Mesothelioma

Wednesday, June 2nd, 2010

Mesothelioma is a very rare, but very aggressive form of cancer. Scientists are still studying the exact mechanism that takes place inside our bodies to cause the cancer, but almost everyone agrees that the largest risk factor for being diagnosed with malignant mesothelioma is past exposure to asbestos. Although doctors and scientists have known of the potential link between asbestos and mesothelioma since the early 1900’s, thousands of products continued to be manufactured with asbestos until fairly recently. Asbestos was routinely used in the manufacture of cars, textiles and in many of the construction trades until the United States government finally stepped in the 1980’s and began to regulate the use of and exposure to asbestos.

What makes pinpointing the cause of mesothelioma even harder is that it can takes years, even decades to produce symptoms in your body. You would have been exposed to asbestos 30 years ago and just now receive a diagnosis of mesothelioma. The damage from asbestos is caused when someone breaths in the asbestos particles that are found in a plant or construction site where asbestos products are used. When someone breathes in the asbestos fibers, the fibers eventually reach the end of the small airways where they penetrate into the pleura (the lining of the lungs). The asbestos fibers may then injure the medothelial cells that surround the lungs and eventually cause cancerous cells to grow and become mesothelioma.

For years, workers in the construction, textile or automotive trades worked in asbestos filled environments without ever knowing the dangers. The symptoms of mesothelioma are extremely slow to show up in the human body and someone can live with mesothelioma precursor cells in their body for decades without knowing they have contracted the cancer. If you are concerned that you may have been exposed to asbestos over your lifetime, or you have been diagnosed with mesothelioma, you should contact an experienced California mesothelioma lawyer as soon as possible. While most personal injury cases have a relatively short statute of limitations (time within which you must file a lawsuit), asbestos cases are treated differently for statute of limitations purposes due to the extremely long incubation period of the disease. Only an experienced mesothelioma lawyer can tell you whether you may be able to file a lawsuit for the damages you have suffered as a result of exposure to asbestos. If you were exposed to asbestos at your job, and that exposure ultimately caused you to be diagnosed with mesothelioma, you may be entitled to compensation for your injuries. Compensation may include payment of your medical bills as well as additional compensation for the suffering you have endured as a result of the exposure.

If you are suffering from mesothelioma, chances are good that your present or past employment caused the cancer. Workers should not have to worry that doing their job can cause them to suffer from cancer 20 or 30 years down the road. If you would like to know more about your legal options as a mesothelioma sufferer, please contact California mesothelioma lawyer Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com.

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California Attorney Discusses Mesothelioma

Sunday, May 30th, 2010

Many people have heard the term Mesothelioma, but generally only those that have affected by it have any real idea what it is. Mesothelioma is a relatively rare type of cancer. In people afflicted with mesothelioma, malignant cancer cells are found in the mesothelium. So what is the mesothelium and how does one get mesothelioma?

The mesothelium is a membrane, or protective sac, that covers and protects the majority of the body’s internal organs. The mesothelium has two layers so that one layer is directly around the organ it is protecting and the other forms a sac around the first layer. The mesothelium produces a lubricating fluid that is released between the two layers which allows moving organs such as the beating heart or expanding lungs to glide easily against adjacent structures. The mesothelium can be referred to by different names depending on where in the body it is located. The peritoneum is the mesothelial tissue that covers most organs found in the abdominal cavity while the pleura surrounds the lungs and lines the walls of the chest cavity for example.

Mesothelioma – or cancer of the mesothelium – happens when the cells of the mesothelium become abnormal and start to divide put of control. When that happens, they begin to invade and damage nearby tissues and organs. Not only can they damage nearby tissues and organs, but when cancer cells metastasize (spread) to other parts of the body they can cause damage their as well.

Mesothelioma was once thought of as an extremely rare type of cancer. Over the last 20 years, the reported incidences of mesothelioma have increased at an alarming rate. Working with, or exposure to, asbestos is the largest risk factor for developing mesothelioma. Estimates are that 70-80% of the reported cases of mesothelioma can be traced back to extended exposure to asbestos. Asbestos is a has been used in many industries including flooring products, brake linings, roof shingles, cement, insulation, textiles and many others. When these products are being manufactured, small particles of asbestos may escape into the air and then be swallowed by unsuspecting employees. Once these particles enter your lungs, they can increase your risk of developing mesothelioma.

Asbestos has been widely used in the United States for over 100 years in the manufacture of different products. The potential link between asbestos and cancer has been known for over 50 years, but regulations were not put in place to protect workers until recently. Now, the U.S. Occupational Health and Safety Administration (OSHA) sets very strict guidelines for how much asbestos a worker can be exposed to. While that may help those that work in asbestos industries at the moment, there were thousands, maybe millions, that were exposed to asbestos before those rules and regulations were put into place. Worst of all, family members of workers in an asbestos industry could have also been exposed to the cancer causing asbestos and are also at risk for developing mesothelioma.

If you, or a loved one, worked in an industry that used asbestos, or believe that you were exposed to asbestos for any other reason, consult a physician for a thorough examination. The actual symptoms of mesothelioma may not appear for as long as 50 years after exposure takes place. Only a physician can diagnose mesothelioma but the sooner you are diagnosed the better your chances of beating the disease.

If you are diagnosed with mesothelioma, you may be entitled to compensation for the injuries you and your family have suffered as a result of exposure to asbestos. To find out more about your legal options, contact the mesothelioma law firm of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com.

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Asbestos Lawyer

Monday, February 8th, 2010

There is a lot of talk these days about asbestos, and all the health problems is causes. When you think about how many homes were wrapped in this material back in the 1940’s, just after WWII, it is no wonder.

Asbestos fibers are naturally occurring microscopic minerals that consist of tiny fibers that tend to resist heat and provide a good insulation. This is why they were originally harvested for building materials way back when. And they were used for everything from insulation in the basement; to shingles on the roof. It is still very present in many older homes today. Asbestos is basically classified into 2 groups;

1. The Serpentine fibers, that have long, curly fibers, and

2. Amphibole fibers that have the more common short, needle-like fibers.

It was the long Serpentine fibers that were mostly used in construction, but it was the short Amphibole fibers that were more likely to have been inhaled and lodged in a person’s lungs. Once inhaled, they can irritate the linings of the lungs, and remain there for several years. Over time, this irritation can mutate cells in the region and provide cancerous cells a place to grow.

These fibers can also be ingested, and produce the same results within the digestive tract, causing its victim another series of cancerous cell mutations. Asbestos anywhere in the body can cause scarring, unnatural growths, and it will definitely impede the natural functions of whatever organs it has lodged in. The most common result of asbestos in the human body is the cancer known as mesothelioma. Because of the widespread appearance of this cancer, many people are seeking legal advice about how to deal with such a life changing problem. People suffering from this disease need help, and the legal profession has developed measures to do just that.

An attorney experienced in these cases will first look at how you contracted this disease. More than likely it was through an employer. So he will begin to ask;

1. Did your employer provide you with, and train you on reasonable protective equipment while you were working in a hazardous environment? If he did, then the employer may not have much liability at all. If you had knowledge of the equipment and its uses, but chose not to wear it, then your employer will not be held accountable for what is known as your ‘contributory negligence’.

2. If your employer failed to provide, or provided less than adequate protective equipment, a good attorney will be able to decide if he was responsible for your declining health, and to what degree.

3. If the employer provided what was then the industry standard in protective gear, then your lawyer might then begin to take a look at the manufacturer of this equipment, and try to determine if he also played a part in your demise. If the manufacturer claimed that his product would protect its users from contamination, and it did not, then your attorney will know what to look for in order to determine if he was at fault in some way, and if he also contributed to your health problems. Even if the manufacturer did not realize that his product was ineffective, he is still liable for his statements in most States. Your financial recovery may be increased if the manufacturer conducted studies on the effectiveness of his products, and they still failed to provide adequate protection.

4. Your recovery will increase still more if your attorney can prove that the manufacturer knew his product was ineffective, and still marketed it as being effective. This can result in more punitive damages for you in the long run.

Once these factors have been looked over, a good attorney might look at the supplier of asbestos, and consider if they were negligent in any way by failing to inform the prospective buyer that he was about to purchase a potentially damaging product.

So the next time you are asked to sign a waiver, or read a CAUTION label on something, try to remember that it is for your own good, and not just to release the merchant from liability. If you or someone you know has suffered from an asbestos exposure; please realize that many of these types of damaging exposures can now be prevented. If you have already been exposed, and are trying to find out if you have any legal recourse, call 800-300-0001 and speak with a professional at Ledger Law firm to find out where you stand. Chances are you have a few options.

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