Rabu, 04 Agustus 2010

The Explosion Of Mesothelioma

The explosion of mesothelioma and other asbestos cancers in the U.S. and abroad has created law firms that fight for victims' rights to recover damages caused by alleged corporate disregard for human life and well-being in the name of profits.


A Brief History
This corporate malfeasance becomes horribly clear when it is understood that the toxic properties of asbestos have been known and documented since the days of the Roman Empire. The Romans were fascinated by the "magic mineral" that would not burn, yet could be woven into fabric like cotton or wool. Patricians knew the price of working with the substance, however; what the modern world knows as asbestos-related illness was called "The Slaves' Disease" by those in ancient Rome.

The modern history of asbestos litigation starts in the late 19th Century. After half a century of asbestos manufacture and use as a building material, physicians were starting to see increasing numbers of respiratory illnesses among those who worked with asbestos. By 1897, a medical study by doctors in Italy identified asbestos dust as the cause of an outbreak of respiratory disease in a community of asbestos weavers. The same cause and effect was identified in British asbestos factories during the first ten years of the 20th Century.

By the 1920's, studies in the U.S. showed that asbestos workers were dying prematurely at a significantly higher rate than the general population, and by 1940, it was clear that asbestos exposure was the cause behind such deaths. Nonetheless, this information was suppressed by corporations for another quarter-century. After a 1977 discovery of what came to be known as "The Asbestos Pentagon Papers" at the corporate headquarters of the Raybestos-Manhattan Company however, the truth could no longer be hidden.

Since that time, well over six hundred thousand court actions have been taken against asbestos manufacturers as well as companies who used asbestos products, allowing the rights of victims to hold them accountable has so far been upheld.
While there are many mesothelioma law firms able to competently represent a plaintiff in a case, it is worthwhile to do some due diligence. Because of the long latency period of malignant mesothelioma, asbestosis and other forms of asbestos related disease, it requires a great deal of specialized knowledge and research in order to build a strong case. Often, gathering supporting evidence is a challenge; for this reason, it is best to choose your representation a mesothelioma law firm that has had a great deal of experience in asbestos litigation.

The fact is, successfully winning a plaintiff judgment in a mesothelioma case requires meticulous, time consuming research and the testimony of very specific witnesses. As mentioned earlier, mesothelioma has a long latency period - symptoms may not appear for twenty to forty years after initial exposure. In that time period, businesses go under or are acquired by other businesses; memories become uncertain; witnesses disappear.

An increasing number of mesothelioma lawyers are building and maintaining databases of information related to the asbestos industry, including digital archives of old documents, photographs, depositions and court records, and examples of case law and precedent. If the law firm you are considering has access to such a database, it is a good indication that they will be able to represent you successfully.
Before deciding upon legal representation, learn about the attorney's experience. How many mesothelioma cases has s/he handled? In how many of these cases did the judge find for the plaintiff? Will s/he be handling the case personally, or does s/he have a network of attorneys that will be able to help you? Is s/he or the firm willing to represent you on a contingency basis? Will your case stand alone, or will it be part of a group action?

Remember that monetary awards if any, in mesothelioma claims can very greatly. For this reason you will want to find a lawyer who alone, or with the assistance of a national network, is in the best position to help you.

Spending the extra time and effort to find a principled legal professional with your best interests in mind who understands asbestos litigation takes some detective work, but it is well worth the effort.

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