Archive for the tag 'negotiation'

Medical view of mesothelioma

by Archana Sarat

Medical View of Mesothelioma

More than 8 million people have been exposed to asbestos and are at risk of succumbing to mesothelioma. Mesothelioma is caused when the mesothelium cells start to divide rapidly leading to cancer. The only known cause of mesothelioma is exposure to asbestos fibers. The disease has a very long latency period, sometimes even around 60 years. The disease has no known cure and death becomes inevitable.

It is also very hard to correctly diagnose the disease in the early stages, as the symptoms of the disease are similar to other non-malignant diseases like pneumonia. The asbestos fiber, which is light and invisible, is released during mining and manufacture of asbestos. It is inhaled easily through nose and mouth and affects the mesothelium lining of the body part that it comes into contact with. This sets off the mesothelium cells rapid division operation, resulting in tumors. The mesothelium lining can be found in the organs like lungs, abdomen and heart.

Depending on this, mesothelioma can be classified into three categories: § Pleural mesothelioma, which affects the lungs, § Peritoneal mesothelioma, which affects the abdomen, and § Pericardial mesothelioma, which affects the heart.

Due to the long latency period of the disease, people who have worked in asbestos-related factories in their youth may contract the disease in their old age during or after retirement. Many of them may have shifted many jobs by this time and they do not relate their condition to asbestos exposure. Thus, they do not consider mesothelioma as an occupational disease. They face huge sorrow at having to part with their loved ones in such a tragic way.

Life of Jack Daws

Jack Daws was working as a tutor in the rural regions of Pennsylvania. He had a beautiful wife and a handsome son. He had what is called as a perfect family! They were always supportive and co-operative. They had enduring love and constant hope on each other.

Jack Daws loved his job as he loved kids of all ages and all sizes. He was the coach of the local soccer team during weekends. When Jack was around 55 years, he was planning on getting a retirement from the school where he tutored in another year or two.

At this crucial point of time, Jack slowly started realizing something was wrong with his health. He felt a constant pain in his chest and severe shortness of breath. He, his family and his doctor dismissed all these symptoms as a cause of aging, initially. But, slowly, his condition started to worsen. He felt as if a heavy weight has been placed on his chest. Also, he started losing weight rapidly. By now, the doctor also started sensing that something was wrong with Jack. The doctor conducted a whole lot of tests on Jack. One of the tests that were conducted was to study the fluids & cells in his lungs. After this test, the doctor felt that it appeared cancerous. Further tests followed to make the right diagnosis. It was, finally, confirmed. Jack suffered from ‘Pleural Mesothelioma’, I.e. mesothelioma affecting the lungs. Doctors felt that Jack had only another year or two of life on earth. Jack started analyzing how he contracted mesothelioma. He had never worked in any asbestos-related industries. Slowly, it dawned on Jack. Lots of construction and painting work used to be done on in his school.

Due to his long career at the school, he was constantly exposed to asbestos dust, which was used during the painting work. The company, which did the job for the school, did not take any safeguards to protect, anyone. Jack was advised to initiate proceedings against the company. The company did not disclose the dangers of asbestos and behaved in a selfish profit-oriented manner.

When Jack initiated proceeding against the company, it was found that lots of people have already sued the company for the same reason and have won their cases. Thus, the Company did not want to go into lengthy and expensive legal proceedings. They agreed to go in for an out-of-court settlement. After negotiations, the company paid Jack around a million dollars for the health damages he suffered and around two million dollars for his family-dependents. Jack underwent treatment at a cancer center. The cancer was spread all around his body and surgery was ruled out for him. Jack underwent chemotherapy and lived a life of suffering for the next two years. After that he succumbed to the disease. However, his soul will rest in peace as he has provided a safe and comfortable settlement for his loving family members.

About the Author
Archana Sarat is a freelance writer and medical researcher. Know more about mesothelioma at http://www.rarehope.com

10 Keys to Choosing a Mesothelioma Attorney

10 Keys to Choosing a Mesothelioma Attorney

Hiring a lawyer can be an intimidating process, especially if you’ve never hired one before. Mesothelioma and other asbestos-related cases are complex and require experienced, top notch attorneys. How do you know which lawyer will bring the attention and skill to your case that it deserves? We’ve compiled the following list to help you with your decision:

Mesothelioma Cancer | Asbestos

1. Trust your instincts. Do you feel comfortable talking with the prospective attorney? Does he or she listen and ask questions? If you feel that you are not being taken seriously, go elsewhere.

2. Check the attorney’s professional credentials. Carefully review the firm’s website and brochures, and check the attorney’s profile and rating at www.martindale-hubbell.com. If you’re still unsure, ask for references.

3. Make sure the firm is customer-oriented. Do you have direct access to the attorney who is actually responsible for your case? Does he or she return your phone calls promptly? Remember you are the customer and have the right to expect good service.

4. Ask if your case will be handled individually. Some firms will accept your case, only to bundle it with a large group of similar cases. This practice tends to diminish the value of stronger cases in order to help weaker ones.

5. Find an attorney with experience in mesothelioma litigation. Does your attorney have direct experience in mesothelioma litigation? Look nationally for a firm with a solid track record in this area.

6. Make sure your attorney has trial experience. Many attorneys have limited trial experience. Although most cases settle out of court, a lawyer with a strong trial record puts you in a better bargaining position during the negotiating process.

7. Find a skilled negotiator. Does your attorney have training in negotiation? What is his or her settlement value track record? Even though most lawyers spend a much greater percentage of their time negotiating than trying cases, very few attorneys have training or expertise in this area.

8. Ask the firm who their strategic partners are. Under certain circumstances law firms join forces to share their research, expertise and other resources in order to build the best possible case for you.

9. Make sure the firm works on a contingency fee basis. With this type of arrangement the law firm incurs all the financial risk. You don’t pay any out-of-pocket costs until the firm recovers compensation for you; fees are a percentage of the recovery.

10. Check to see if the lawyer is AARP-approved. If not, go to the AARP Legal Services Network to find an attorney. Besides being extensively screened by AARP to become approved, AARP attorneys offer AARP members a 20% discount on their standard legal fees.

Although selecting a qualified mesothelioma attorney is not easy, don’t get discouraged. There are great lawyers out there who are genuinely interested in helping others. Your case deserves no less. For more information visit www.mesotheliomaadvice.org/legal/mesothelioma-attorney.asp.

About The Author

Scott Hendler is Founder of HendlerLaw, an international plaintiff’s firm focused on mesothelioma (www.mesotheliomaadvice.com), pharmaceutical drug and complex commercial litigation. He attended the University of Pittsburgh School of Law where he graduated with honors. His firm has won record verdicts and settlements in numerous cases and recently won an argument in front of the U.S. Supreme Court. In 2003 Scott was honored with an AV rating by Martindale-Hubbell, an award granted to attorneys who demonstrate high levels of professionalism, skill and ethics in the practice of law. You can reach him at 800.443.6353 or help@hendlerlaw.com.