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Mesothelioma law refers to the bodies of regulations and statutes that revolve around the issue of asbestos and its relationship to causing mesothelioma in individuals. Mesothelioma is a type of cancer that develops from the thin layer of tissue that covers many of the internal organs (known as the mesothelium).The most common area affected is the lining of the lungs and chest wall. Signs and symptoms of mesothelioma may include shortness of breath due to fluid around the lung, a swollen abdomen, chest wall pain, cough, feeling tired, and weight loss. Greater than 80% of mesothelioma cases are caused by exposure to asbestos.
Mesothelioma law exists on two different fronts: regulation statutes and personal injury law. Regulation statutes are used to describe the regulations and laws that govern industries in which asbestos products are used or may be exposed. These laws exist as a form of protection to both the employer and the employee, dictating for the proper guidelines as to how to appropriately and safely handle asbestos products or materials. Mesothelioma personal injury law refers to the statutes giving rights to victims of mesothelioma and the proper steps to take legal action against those responsible for asbestos exposure.
It must be made known that even though there are certain laws and statutes in place in regards to asbestos and mesothelioma, there are still certain criteria that must be met or considered in order to have a legal case against an institution for asbestos exposure. The main issues will revolve around the statute of limitations, in other words, the amount of time that is allowed in order to file a claim for mesothelioma. The statutes of limitations are governed individually by each state, meaning that each state will have its own requirements in regards to the allotted amount of time granted to file a mesothelioma lawsuit. Though the period of time will vary, it usually will range between one and two years. Each individual must also provide substantial evidence that the formation of the cancer was a result of asbestos exposure, which was in turn caused by the employer or company due to negligence. This will usually require proving the defendant was aware of the asbestos hazard and neglected to take proper action to protect the plaintiff from that very hazard. If you or a loved one believes that you have mesothelioma due to asbestos exposure, please consult a doctor and qualified attorney as soon as possible.
If you or a loved one believes that you have mesothelioma due to asbestos exposure, please consult John K. Zaid & Associates, PLLC today, or simply stop by our office to set up your free initial case consultation.