CALL (800) 863-5312 to speak with mesothelioma lawyers in Colorado
Each year, around 3,000 Americans are diagnosed with mesothelioma. This cancer can take several decades to be detected, long after an individual was exposed to asbestos. Unfortunately, this means that workers are often enjoying a well-earned retirement when diagnosed. While no amount of money can make up for your illness, that doesn’t mean you don’t deserve to be compensated for hospital visits, medical expenses, and pain and suffering.
At Zinda Law Group, we have experience representing mesothelioma victims and helping them seek the compensation they may deserve. Call us today at (800)-863-5312 for a free attorney consultation with Colorado injury attorneys.
what is mesothelioma?
Mesothelioma is a type of cancer that occurs in the thin layer of tissue than covers the majority of your internal organs. According to the Mayo Clinic, most mesothelioma are related to asbestos exposure, which occurs when the asbestos in products such as insulation, brakes, shingles, and flooring, are broken up, which creates a toxic dust. If this dust is inhaled or swallowed, the asbestos fibers can settle in the lungs or stomach, which may eventually lead to mesothelioma cancer.
In many cases, mesothelioma does not develop for several years after asbestos exposure. In fact, it can take 20 to 60 years after exposure for an individual who was exposed to asbestos to develop mesothelioma. Unfortunately, mesothelioma is an aggressive and deadly form of cancer, and for many people, a cure is not possible. While treatments are available to manage the pain and symptoms, these can leave victims with serious emotional and financial burdens.
jobs with increased risk of asbestos exposure
In the 1970s, the EPA began to ban the use of some types of asbestos after research revealed the harmful effects of long-term exposure, like mesothelioma, for workers and their families. Despite certain banned products and warnings, many industries continued to use asbestos, which exposed workers to harmful side-effects. Throughout the many workers’ careers, they were not given protective equipment or made aware of the dangers of long-term exposure to asbestos.
Some of the jobs with increased risk of exposure include:
- Asbestos miners
- Automotive workers
- Brake mechanics
- Concrete workers
- Demolition workers
- Home remodelers
- Iron workers
- Power plant workers
- Selected military personnel
- Shipyard workers
- Steel workers
types of mesothelioma cases
Not all mesothelioma cases are the same. In most cases, it will depend on who was exposed and whether that individual is still alive to bring the claim on their own. The four main types of mesothelioma cases include:
1. Primary Exposure
If you are directly affected and have been diagnosed with mesothelioma, then you may be able to file a lawsuit for primary exposure. This type of lawsuit may help compensate you for medical expenses, lost income, and hospital bills, among other expenses.
2. Second-Hand Exposure
In some cases, mesothelioma is caused through second-hand exposure. Workers who were exposed to asbestos can carry the fibers home on their skin or clothing. Over time, this exposure can harm spouses and children. Even if you do not directly work with asbestos, someone in your family may have unknowingly exposed you to the harmful effects of asbestos and you may be able to file a case.
Wrongful Death Lawsuit
If you lost a loved one to mesothelioma, you may be able to file a wrongful death lawsuit. This type of lawsuit allows surviving family members to recover compensation for a death that was caused by an individual’s negligence or intentional act. A wrongful death claim can help alleviate the pressure for survivors who have suddenly lost the love, support, and income an individual provided prior to their mesothelioma-related death.
Trust Fund Claims
Some companies are aware that several of their workers were exposed to mesothelioma throughout their career. Because of the many mesothelioma lawsuits that companies faced, some were forced to reorganize to avoid bankruptcy. However, as a condition to this reorganization, companies are often required to set aside a large amount of money to deal with any mesothelioma case that is brought against the company.
How a mesothelioma case works
In order to recover in a mesothelioma case, a plaintiff will have to prove that they suffered from an injury, that the defendant’s negligence caused their injury, and that because of this, the victim was harmed. Once a plaintiff has a mesothelioma diagnosis, it will be clear that they suffered from an injury because asbestos is the only known substance that causes mesothelioma.
However, the most difficult part of a mesothelioma case is proving that the defendant is liable for this exposure. In most cases, the defendant will be a former employer or product manufacturer who supplied dangerous materials or products to the plaintiff. In order to succeed, the plaintiff will have to prove that the defendant knew or should have known about the danger of asbestos at a work site or in a product and despite this, their employee continued to face the risks of exposure.
Proving whether the defendant knew about the asbestos exposure can be especially difficult because it may have occurred years before. An experienced mesothelioma lawyer may be able to collect medical and employment records, track down former employees, and build a case that demonstrates how the defendant is liable for the plaintiff’s mesothelioma.
The plaintiff’s lawyer will then contact the defendants and try to negotiate a settlement amount that all parties can agree is fair. The majority of cases are settled without going to trial, but in some cases, a trial may be necessary if the defendant is unwilling to pay for the damage caused.
Compensation you may be able to recover
After a mesothelioma diagnosis, you may be able to recover hospital bills, medical expenses, time taken off work for treatment, travel expenses related to your medical treatment, lost income, and pain and suffering. The circumstances of each case are unique, and a personal injury lawyer in Colorado who is skilled in preparing mesothelioma cases may help you seek the compensation you deserve.
what an attorney can do for you
A mesothelioma lawyer may help ensure you receive proper medical treatment, investigate your exposure, interview previous work colleagues, negotiate with the insurance company, file a lawsuit, and go to trial if necessary. Once hired, a skilled attorney will also help you determine the damages you are entitled to, which will depend on factors such as the amount of your medical bills, the extent of your pain and suffering, and how many months you lost wages, among other things.
How Much Time Do I Have to File a Lawsuit?
If you were diagnosed with mesothelioma and want to file a lawsuit, you need to be aware of the time limits, or statutes of limitations, that are in place. In Colorado, you have two years to file a lawsuit after you are diagnosed with mesothelioma. If you lost a loved one to mesothelioma, you have two years to file a wrongful death lawsuit on the decedent’s behalf. It is best to contact a mesothelioma lawyer in Colorado as soon as possible to make sure you and your loved ones receive the money that is deserved.
Will My Case Go to Trial?
The majority of cases are settled without going to trial because both parties can come to an agreement on a fair compensation value for a mesothelioma case. If you go to trial, you may risk losing your case, receiving delayed compensation, or fighting an appeal. All of these possibilities mean that your case will take longer, and you will not receive compensation as quickly as if you had settled.
However, sometimes going to trial is necessary. Our experienced attorneys understand a fair mesothelioma compensation value. If a settlement offer isn’t fair and doesn’t accurately reflect the damage and pain that victims have lived through, our attorneys may take the case to trial and continue to fight for you. Our attorneys are skilled in evaluating whether you should accept a settlement offer or if you will be able to get more compensation by going to trial.
What If I Don’t Know When I was Exposed?
In some cases, workers may have held several jobs that could have exposed them to asbestos, but they may be unsure which company is responsible. In these cases, an attorney may be able to hire experts, further investigate the job site conditions, and interview previous workers to see if there is a pattern of asbestos exposure.
Contact a mesothelioma Lawyer
At Zinda Law Group, our Colorado personal injury attorneys have helped people who have mesothelioma in Colorado—and their families—seek the compensation that they deserve. After working hard on the job for years, let our attorneys work to help build the strongest case possible for you and seek the compensation you deserve.
We believe that a cancer victim should never have to worry about their ability to afford legal representation. That is why we offer 100% free consultations, and why you will pay nothing unless we win your case. That's our No Win No Fee Guarantee.
If you or a loved one was diagnosed with mesothelioma, call Zinda Law Group today at (800) 863-5312 for a free, confidential consultation with one of our experienced Colorado personal injury lawyers.
Meetings with attorneys are available by appointment only.