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How to Recover Compensation for Mesothelioma Claims in New Jersey?

How to Recover Compensation for Mesothelioma Claims in New Jersey?

How to Recover Compensation for Mesothelioma Claims in New Jersey?

Although the cancer forming mineral, Asbestos, has been banned for decades, thousands of people still suffer from its effects. If you were exposed to asbestos and have been diagnosed with Mesothelioma, you may be entitled to compensation to cover medical expenses, pain and suffering, lost wages, and other damages. The experienced personal injury attorneys at NJ Injury Guys can help victims get the maximum compensation they deserve by filing Mesothelioma lawsuits.

What is Mesothelioma?

Mesothelioma is a rare form of lung cancer caused by exposure to asbestos. Asbestos causes mesothelioma because it irritates the lining of the chest cavity. This irritation leads to inflammation, scarring, and eventually tumors. According to the CDC, 2,875 cases were reported in the U.S. in 2018.

Local treatment centers include:

What is Asbestos?

Asbestos is a mineral that was used widely in construction materials until it was banned in 1989. However, scientists discovered that inhaling small amounts of asbestos fibers can cause serious health problems much earlier in the 1930's. 

Today, asbestos exposure remains one of the leading causes of death among men and women. According tot he 

When and How Was Asbestos Used?

Asbestos is a group of minerals that occur naturally in rocks. They were first mined in the 19th century. They were commonly used in building materials, insulation products, and fireproof clothing. Because of these uses, asbestos became an integral part of our everyday lives.

Types of Mesothelioma

Although most cases of mesothelioma occur after decades of working with asbestos, it may develop within weeks of first exposure. 

Symptoms include shortness of breath, coughing, fatigue, fever, night sweats, and weight loss. Diagnosis is usually made using CT scans and biopsies.

Treatment depends on the stage of the disease and the patient's overall health. Surgery, radiation therapy, chemotherapy, and immunotherapy are common treatments. There is no cure for mesothelioma. However, early diagnosis and treatment can improve survival rates.

There are two types of mesothelioma:

Pleural Mesothelioma 

This type of mesotheliomas occurs in the pleura, the thin membrane covering the lungs. This type of mesothelium is called epithelial mesothelium, meaning that it covers the surface of an organ.

Epithelial mesotheliomas are generally slow-growing tumors that tend to affect older men. They account for approximately 10% of all malignant pleural neoplasms.

They are often associated with occupational exposures to asbestos such as shipyard workers, construction laborers, miners, plumbers, electricians, carpenters, painters, and insulation installers. Other causes include smoking cigarettes and inhaling secondhand smoke, exposure to radon gas, and certain genetic disorders.

Peritoneal Mesothelioma

These are cancers that grow in the peritoneum, the thick membrane surrounding the abdominal organs. In contrast to pleural mesotheliomas, these cancers are much more common than pleural ones.

Most patients are middle-aged men, although they can occur in younger adults and children.

Exposure to asbestos is the primary cause of peritoneal mesothelial carcinomas. Other known causes include chronic irritation due to pelvic inflammatory diseases, trauma, and infection.

Common Types of Injuries Caused by Mesothelioma

Over the years, asbestos has been found to cause several types of cancers, including malignant pleural mesothelioma, nonmalignant respiratory conditions, and various types of lymphomas.

A study published in the Journal of Occupational Medicine reported that workers exposed to asbestos had a higher rate of developing mesothelioma than those who weren't exposed.

Mesothelioma usually occurs in older adults, and most cases are related to occupational exposures. When asbestos fibers enter the lungs, they attach themselves to the surface of the mesothelial cells. This triggers inflammation and cell damage. Eventually, the damaged cells die off, leaving behind scar tissue. Over time, this scar tissue thickens and blocks airways.

What Can I Do if I Have Been Diagnosed with Mesothelioma?

There are several types of mesothelioma treatment available. However, these treatments are expensive and don't cure the disease. They simply slow down its progress.

Some doctors believe that chemotherapy and radiation therapy may prolong life, but they cannot cure mesothelioma. Radiation therapy is an option for treating localized mesotheliomas. Chemotherapy is sometimes used in conjunction with surgery and radiation therapy.

Surgery is the mainstay of treatment for localized mesothelioma and is recommended for those whose condition does not involve distant metastasis.

It is possible to receive compensation for medical bills related to mesothelioma and other asbestos diseases. Contact a mesothelioma attorney to learn more about filing a claim.

How to File for Mesothelioma Compensation in NJ?

In order to file for mesothelioma compensation, you must first determine whether you have a valid claim. This involves filing a lawsuit against the manufacturer of the asbestos products that led to your exposure.

After you file a complaint, you must wait for the statute of limitations to expire before you can receive compensation. This means that you cannot file until five years after the last day you worked with asbestos.

It is possible to file a case within two years of diagnosis, but most people wait until three years after diagnosis. However, if you live in New Jersey, you have six years to file a case.

To receive compensation for mesothelioma, you must first file a claim with the state Workers' Compensation Board. This board determines whether you qualify for benefits under the law.

After filing a claim, you will need to hire a lawyer to represent you in court. The lawyers at our firm have extensive experience representing clients in these types of cases. We will fight aggressively to ensure that you receive fair compensation for your suffering.

How Much Compensation Can You Get for Mesothelioma?

According to the National Institute for Occupational Safety and Health (NIOSH), the average compensation for a mesothelium case is $1 million. This amount covers medical expenses, lost wages, pain and suffering, funeral costs, and future care.

However, the NIOSH report does not include legal fees, court costs, or any other additional expenses associated with filing a claim.

If you think you have a valid claim against a manufacturer or distributor of asbestos products, you should consult with an experienced lawyer. An attorney can advise you on whether you have a valid claim, and they can negotiate with the insurance company on your behalf. A mesothelioma lawyer can also assist you with preparing your claim, helping you gather evidence, and presenting your case to a judge.

Who Is Eligible for Mesothelioma Compensation?

In order to receive compensation for mesothelioma, you must first prove that you were exposed to asbestos. This means that you must provide evidence that you worked directly with asbestos products or had direct contact with asbestos dust.

There are two types of mesothelioma claims: those filed under the federal law known as the Federal Tort Claims Act (FTCA) and those filed under state laws. Under FTCA, you may file a claim against the U.S. Government for damages resulting from any injury caused by the negligence of a federal employee acting within the scope of his employment. However, filing a claim under FTCA does not guarantee that you will receive compensation. To collect compensation, you must also prove that the negligent act was committed by a private party.

State law differs slightly from FTCA. Under state law, you must prove that the defendant acted negligently and that the plaintiff suffered harm as a result. However, unlike FTCA, you cannot recover damages for emotional distress unless you can show physical manifestations of your emotional trauma.

For example, if you were diagnosed with mesothelioma after working with asbestos, you would qualify for compensation under FTCA. But if you developed mesothelioma due to the actions of another person, such as a co-worker or neighbor, you would not be eligible for compensation under either FTCA or state law.

How Long Does it Take to Get Mesothelioma Compensation?

It takes approximately two years to file a mesothelioma claim. However, it may take longer depending on how quickly the insurance company responds to your claim.

Insurance companies often respond slowly due to the complexity of the law and the number of cases filed each year. After you file mesothelioma within one year, the insurance company will pay you a lump sum settlement. The payment will cover your past and future medical bills, lost wages, pain and suffering, and funeral costs. You may also receive periodic payments to cover ongoing medical expenses.

How Our New Jersey Mesothelioma Attorneys Can Help

At the law office of NJ Injury Guys, our attorneys understand the unique challenges faced by victims of mesothelioma and asbestos exposure. We represent clients across New Jersey, helping them recover fair compensation for their injuries.

Our New Jersey mesothelioma lawyers have extensive experience handling cases involving mesothelioma claims and asbestos exposure. We offer free initial consultations to discuss your case. 

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Gabriel A. DiLeonardo, Sr., Esq.
Date Published: July 18, 2022
Gabriel DiLeonardo, Esq. is a New Jersey licensed attorney-at-law. He helps people who suffer injuries get justice through personal injury lawsuits.
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