If you or a loved one has been diagnosed with mesothelioma, you will naturally have many medical questions. Once you develop a better understanding of the disease and treatment options, you may also have questions related to whether you have legal recourse.

Mesothelioma is caused by asbestos exposure, and businesses that produce asbestos-containing materials but fail to warn consumers and employees about exposure dangers can be held accountable. According to the Occupational Safety and Health Administration (OSHA), “asbestos exposures as short in duration as a few days have caused mesothelioma in humans.” This is why you or a loved one may be eligible for compensation.

The employer’s role in protecting workers from asbestos exposure

Asbestos has been recognized as a health hazard, and its use is highly regulated by OSHA and the U.S. Environmental Protection Agency (EPA). Workers can be exposed to asbestos fibers when performing activities that disturb asbestos-containing materials – for example, in industrial, maritime, and manufacturing occupations and in the renovation, construction, or demolition of buildings. They can also bring asbestos particles into their homes on clothing, exposing family members. Corporations and businesses are required to keep workers safe from exposure, and they can be held responsible when they fail to do so.

Employers are required, for example, to provide workers with the right protective equipment. They also have to assess work environments and be aware of the exposure dangers. While the government sometimes advises employers about health risks, it’s the business’s ultimate responsibility to ensure that workplaces are safe.

What is asbestos and why is it dangerous?

Asbestos refers to a group of naturally occurring minerals that are resistant to heat and corrosion. Because of these properties, asbestos has been used in a wide range of manufactured goods, industrial and maritime applications, and building construction materials, even after it became linked with health complications in humans.

When asbestos-containing products are disturbed, tiny fibers are released into the air. When inhaled, these fibers become trapped in the lungs, and over time, the fibers can cause inflammation. Exposure to asbestos causes mesothelioma, a type of cancer that begins in the lining of certain organs such as the abdomen or lungs. Asbestos exposure is also associated with other types of cancers, such as cancer of the larynx and ovaries.

Asbestos is classified as a known human carcinogen by the U.S. Department of Health and Human Services, the Environmental Protection Agency, and the International Agency for Research on Cancer.

How many types of mesothelioma are there?

There are four types of mesothelioma, which have the following symptoms:

• Pleural mesothelioma impacts the lining of the lungs. Symptoms include chest pain, coughing, fatigue, weight loss, and breathlessness.
• Peritoneal mesothelioma affects the lining of the abdomen. Symptoms include a swollen abdomen, stomach pain, weight loss, nausea, and fatigue.
• Pericardial mesothelioma impacts the lining of the heart. Symptoms include coughing, chest pain, shortness of breath, and irregular heartbeat.
• Testicular mesothelioma affects the lining of the testicles. Symptoms may include an enlarged scrotum, sometimes accompanied by buildup of fluid.

What questions should you ask when hiring a mesothelioma lawyer?

With so many different law firms to choose from, you may be wondering how to make this important decision. A good starting point is to prepare a list of questions, such as:

1. Does your firm have experience representing mesothelioma patients?Mesothelioma lawsuits are complex and time-consuming, so you’ll want to hire a lawyer who is knowledgeable and has experience handling these types of cases. To gauge the depth of the firm’s experience, it’s important to ask how long the firm has represented people with mesothelioma and how many cases the firm has taken to verdict or settlement.
2. What is the cost?You may be reluctant to pursue legal action due to the cost of legal services. However, mesothelioma law firms typically work under a contingent fee agreement. Law firms operating under a contingent fee agreement assume all costs associated with the litigation, and plaintiffs only pay if the case results in a settlement or jury verdict. This is important because this type of litigation can be time-consuming and costly.
3. How do you determine who was responsible for exposure to asbestos that resulted in a mesothelioma diagnosis?An experienced mesothelioma law firm will perform exhaustive detective work to compile a detailed history from childhood to present to determine when and where exposure occurred. Considerations include:
   • Occupations and activities in which a victim could have been exposed to asbestos.
   • The occupations of a victim’s parents or other household members to determine whether a family member could have been exposed by asbestos contaminated in clothing brought home from the workplace.
   • Products used at work or in the home. This includes talcum-powder cosmetics and other products that are known to be contaminated with asbestos.
4. What happens if a business that exposed someone to asbestos years ago is now closed or in bankruptcy?In some cases, a company that is no longer in business may have been spun off to affiliates, changed names or sold. In cases involving a business that has closed or gone through bankruptcy, the business’s insurers can be held accountable.Many businesses that faced significant liabilities due to asbestos exposure have declared bankruptcy and established trust funds to compensate victims. These asbestos trust funds were created to ensure that those who developed mesothelioma or other asbestos-related illnesses could receive compensation despite the companies’ financial troubles.

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