Thursday, December 29, 2016

Can I File a Mesothelioma Cancer Lawsuit on Behalf of My Deceased Family Member?


Mesothelioma Attorneys working hard for asbestos victims.

Mesothelioma is an aggressive form of cancer, usually affecting the lungs and abdomen, caused by exposure to asbestos, a flaky white insulation material once common in industrial applications as well as consumer products. One of the worst aspects of the condition is the long passage of time between exposure and the onset of symptoms that victims may recognize as a serious medical condition.

Often times, asbestos exposure victims are not diagnosed until they are older and the disease is at an advanced stage, giving patients fewer treatment options to improve their health and wellbeing. Due to the passage of time and the complex nature of litigating an asbestos mesothelioma cancer lawsuit, many plaintiffs ultimately succumb to their condition before their claim is resolved.

Situations like these leave surviving family members worried about whether they will receive the compensation necessary to make up for the loss of service provided by their deceased loved one. Fortunately, the law does allow surviving family members to continue lawsuits on behalf of their family members and hold wrongdoers accountable for their careless actions.

Depending on the state where plaintiffs file their claims and when the suits are filed, decedents may have different options to either bring their own claims or continue those brought by the original plaintiffs. These are known as wrongful death claims and survival actions and each has its own set of laws.

Elements of Wrongful Death Claims

Wrongful death claims are lawsuits brought by the representative of a deceased individual’s estate, usually the next closest living family member, like a spouse or child. Each state has its own set of laws for determining who gets appointed as the estate’s representative and how.

While each state has its own laws governing the types of damages that can be sought in a wrongful death lawsuit filed by family members, they generally include the loss of services the deceased once provided. These services can include domestic chores, income support (depending if the plaintiff is a spouse and/or minor children), and emotional guidance.

Damages in Survival Actions

Even after death, mesothelioma cancer victims have legal rights that extend to their estates and relatives can file claims on their behalf for harm suffered. This can include lost income and/or conscious pain and suffering, depending on the circumstances of the case.

In mesothelioma cancer lawsuits, the weeks and months of pain and suffering preceding the victim’s passing can add up to substantial damages. Additionally, plaintiffs may ask courts to award punitive damages to deter similar negligence if the defendant’s conduct was especially egregious.

Nationwide Mesothelioma Lawyers

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.


Can I File a Mesothelioma Cancer Lawsuit on Behalf of My Deceased Family Member?

Monday, December 26, 2016

Nivolumab Shows Promise at Treating Pleural Mesothelioma

What is MesotheliomaMesothelioma is an aggressive, deadly cancer caused by inhaling asbestos fibers that leaves victims with few treatment options the further the disease progresses from the lungs and abdomen. While doctors can use aggressive treatments like surgery if the disease is caught in its early stages, mesothelioma will eventually metastasize into delicate areas of the body unsuitable for surgical removal.

However, doctors and researchers around the world have committed themselves to finding better treatment options for late-stage cancer patients to help extend patient life expectancy and improve quality of life. Recently, cancer researchers meeting in Amsterdam for the annual World Lung Cancer Conference submitted a report of a promising new immunotherapy drug, nivolumab (also known as Opdivo).

According to a statement released by the International Association for the Study of Lung Cancer, the drug showed tremendous promise in treating patients battling malignant pleural mesothelioma. Pleural mesothelioma is a form of the disease affecting a thin lining of tissue around the lungs, one of the most common types of the deadly cancer victims can experience.

Nivolumab works by blocking PD-1, a cell surface protein which can get in the way of cancer-fighting white blood cells trying to attack tumors. Patients in the study had previously been treated with platinum-based chemotherapy, a cancer treatment used in almost 50% of chemotherapy patients.

Cancer Growth Stopped in Half of Patients in Nivolumab Study

The Netherlands Cancer Institute in Amsterdam conducted the study on 33 patients over the course of 12 weeks, during which time no patients succumbed to their disease. Nivolumab was able to control cancer growth in approximately 50% of the participants while another 12 patients saw their condition stabilized and 17 other patients experienced progression of the disease.

While eight patients were forced to end their treatment due to some of the toxic side effects of taking the drug, the important outcome of the study is that doctors observed a correlation between reduction in PD-1 cells and patient health. As promising as this study is, this type of treatment is considered to be one of the last resorts to treating the disease and more than likely will only aid in keeping patients more comfortable in the disease’s last stages.

Mesothelioma patients should never give up hope in the fight against the cancer, as advancements are always being made and studies for new treatments frequently arise to test new drugs. A combination of continuous treatment, a strong support network, and a positive attitude can make a huge difference to health and wellbeing of mesothelioma patients as they battle this deadly form of lung cancer.

Nationwide Mesothelioma Lawyers

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.

Nivolumab Shows Promise at Treating Pleural Mesothelioma

Saturday, December 17, 2016

How Much is My Mesothelioma Cancer Lawsuit Worth?

iaboutmesothelioma_26A mesothelioma cancer diagnosis can be devastating news and seemingly come out of nowhere to turn our world upside down. Because mesothelioma takes decades to manifest itself, victims often receive their diagnosis during retirement, but many become affected during their prime income earning years, as well.

Whatever the case, mesothelioma rears its head at the worst time and seriously affects the economic and health outlook for victims and their families. Lost wages, medical treatment, and the grind of fighting the disease all eventually take their toll on victims, leaving them wondering how they will cope with it all.

Fortunately, the law gives these affected parties legal recourse to hold wrongdoers accountable for their negligent actions and file mesothelioma cancer lawsuits to recover for economic damages and pain and suffering. Depending on the circumstances of the case, surviving family members may also pursue claims for loss of emotional, economic, and domestic support should their loved one pass on before the case is resolved.

Recovering Lost Wages in an Asbestos Lawsuit

If you are working when you get a mesothelioma diagnosis, the disease can seriously affect your ability to earn a living and provide for your family. Under our nation’s tort laws, victims who lose income or cannot work due to someone else’s careless actions can file claims to recover for their losses.

When calculating lost wages, victims will need to produce pay stubs, tax returns, and other income-related documents to prove their lost wages while undergoing treatment or ceasing work altogether. In the later scenario, economists may be needed to calculate the life expectancy had the victim not succumbed to mesothelioma and multiply those years by the victim’s income to get a lump sum.

Paying for Medical Treatment

Even decent quality health insurance cannot fully cover the extensive costs of fighting and aggressive form of cancer like mesothelioma. Medical bills are another form of economic damages victims can recover for under the law.

Plaintiffs can recover not only their past and current medical bills but also receive compensation for the future medical care needed to treat the disease and live a more comfortable life. An experienced attorney will consult with medical experts to help establish the plaintiffs necessary future medical care.

Determining Pain and Suffering in a Mesothelioma Lawsuit

Calculating damages for the physical pain and suffering as well as the mental anguish of enduring the disease is extremely subjective and can be a major point of contention during litigation. While some settlements and jury awards are multimillion dollar resolutions, others may be worth less as each case is as unique as the jury hearing it.

Having an experienced attorney on your side can make a world of difference when it comes to maximizing the compensation you and your family may be owed. Contact our office to speak to one of our qualified nationwide mesothelioma cancer attorneys about your case and find out what your claim may be worth.

How Much is My Mesothelioma Cancer Lawsuit Worth?