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Mesothelioma is a rare type of cancer that has become well known due to its link to asbestos. Exposure to asbestos is the cause of the vast majority of mesothelioma cases. Mesothelioma is a cancer of the lining of the lungs, heart or abdomen, and it can be very difficult to treat.
Asbestos Exposure
Exposure to asbestos can come in many forms. The reason for the high number of asbestos-related lawsuits, including those involving mesothelioma, is that many companies were aware of the health risks of asbestos exposure but continued to use products that contained asbestos.
Although exposure to asbestos-containing products does not automatically mean that a person will develop mesothelioma, it has been found that exposure and illness often occurred through a person's occupation. Workers who were exposed in great numbers worked in locations including shipyards, power plants, chemical plants, factories, steel mills, building construction sites and telephone industry sites. Military personnel, service members and especially shipyard workers who worked during the 1970s or earlier have a higher risk of developing mesothelioma from exposure to asbestos.
Mesothelioma Lawsuits
A person who has been diagnosed with mesothelioma, or a family member of a person who has died of mesothelioma, may consider filing a lawsuit. The West Virginia statute of limitations is generally two years for personal injuries and for wrongful death. If the person has died, the estate may file suit under West Virginia's wrongful death act. A plaintiff or personal representative can file for an extension for the statute of limitations, but as with any dealing with a court, it is best to speak with an attorney.
Sometimes, people who have made asbestos-related settlements go on to develop mesothelioma. They may wonder whether they can still file a lawsuit based on the mesothelioma. If the rights related to mesothelioma were not released in the original settlement, the plaintiff is likely to be allowed to pursue the mesothelioma case. An attorney can look at the original asbestos settlement agreement to determine if additional legal remedies are available.
The making of a successful West Virginia mesothelioma personal injury or wrongful death case is lengthy and detail oriented. It is highly recommended that a victim or a victim's family seek the assistance of an attorney who has an established record in handling mesothelioma cases.
When a diagnosis of mesothelioma is medically established, the "if, when and where" of the exposure to asbestos must also be established. Mesothelioma cases require that a link be established between the victim's condition and the victim's exposure to the asbestos.
Several parties could be defendants in the case. For example, a person may have worked at a steel mill where the asbestos that was present was manufactured by another company. The defendants named in the suit might be the steel-mill company and the asbestos-manufacturing company.
If a person or a person's family suspects that mesothelioma was the product of exposure to asbestos from an occupation or the result of exposure to someone in an at-risk occupation, it is wise to contact an experienced attorney to find out what can be done. It is best to do this as soon as possible after diagnosis is established so that the case can be filed prior to the statute of limitations' expiration.