Asbestos Claims & Litigation
Louisiana has had more than its share of problems related to asbestos. This is not surprising given the heavy concentrations in industries that frequently used asbestos in their operations such as shipyards, oil and gas and construction. Over the past 20 years, research has shown a gradual rise in numbers of diagnoses of related diseases such as mesothelioma, most likely due to the correlation of symptoms taking several decades to appear.
Unfortunately, studies show that mesothelioma has a very poor treatment rate and results in significant physical, emotional and financial damages not only to the victims, but also their loved ones. As a result, these cases almost always result in the victim filing a claim as part of their litigation to recover damages. And to date, over 600,000 claims have been made in America for such actions.
What Is Mesothelioma?
Mesothelioma is a deadly form of cancer which is triggered by exposure to asbestos either directly in a work related environment or via secondary exposure from a family member at home. Symptoms may take decades to present themselves, so it is especially important to seek more information if you believe that you or a family member may have had even minimal exposure at some point during your life.
Asbestos comes in the form of tiny shards of material that can be inhaled. Even with a mask, chances are the substance may saturate your work clothing, therefore making it possible to inhale it later or even share the particles with others. Once inside the body, these fibers are attracted to the inner linings of the body. They may sit in these linings for years, aggravating and irritating the cells or organs present. In certain cases, this irritation may create an abnormal cell growth, or tumor.
Basics of Filing an Asbestos Claim
A mesothelioma claim may be made in cases where mesothelioma, a form of asbestos-related cancer has been diagnosed, and compensation from the responsible party may be sought to offset medical expenses, loss of wages as well as pain and suffering.
In order to file a claim, you may need to gather the following information:
Establishing the actual dates of asbestos exposure: Sometimes this can be difficult as exposure may have occurred 20+ years in the past. However each victim must still do their best to recall the time and place where exposure to asbestos may have occurred. This information is critical in determining which companies or manufacturers may be at fault for the exposure at hand, especially since that company may no longer make that product or may even no longer be in business.
A summary of the damages incurred as a result: Oftentimes in personal injury cases, determining the appropriate amount of damages to seek can be quite difficult. In the case of an asbestos claim, families are often dealing with large medical bills and the inability to work. In addition, victims often suffer greatly and are entitled to compensation for pain and suffering.
When Should I File an Asbestos Claim?
You MUST file a claim within one year of diagnosis of an asbestos related illness. However, the sooner you begin the process the better, as we can begin to help you get the guidance and help you need during this difficult time.
If you or a loved one is facing these circumstances, we can help. The law firm of Landry, Swarr and Canella can help you understand your rights and file an asbestos claim in Louisiana as part of your litigation process.