The tale of mesothelioma and asbestos diseases in general reveals one of the darker and more disturbing chapters in modern history. Mesothelioma is a form of cancer that is virtually exclusively associated with asbestos exposure-something which just about anybody alive for the better half of the twentieth century is likely to have had. People of all backgrounds have fallen ill with mesothelioma: from famous movie actors to powerful politicians to ordinary blue-collar workers...nobody is immune to the condition and just about everybody over the age of 30 (and many people below that age) has stood at risk of contracting this debilitating, fatal disease.
The collective experience with mesothelioma has brought out the best and the worst in people. In the latter case, as a society we have come to witness another evidentiary case in which the promise of profits has led individuals/companies to disregard the health of others (usually their own employees or community members) in pursuit of that reward. In the former case, however, we have seen how people with no previous association with each other can come together to fight for a common cause, catalyzed by injustices that did not discriminate between rich and poor victims, old and young, white or black, and so on and so forth.
What is clear at this point-a regrettable fact that, unbelievably, was evident many decades ago to people that didn't find it to be very important-is that entire generations of Americans and people of other nationalities throughout the developed and developing world were exposed to asbestos despite the fact that scientific evidence was on the table indicating that the material was linked to serious human health concerns. Though it is not clear at what exact moment the question of asbestos's harmfulness was proven beyond doubt, it is generally accepted that by the mid-1960s or early-1970s governments were aware of the matter. In reality, the issue had been discussed in some depth well before then, and many asbestos manufacturers had no substantive grounds on which to refute the claims that there was a cause-effect relationship between asbestos and various diseases. Yet, as has happened so many times throughout human history, the opportunity to make a buck was deemed (by a small cadre of people) more important than the prevention of human suffering.
Fortunately, we happen to live in a country where such attitudes-at on point or another-are punishable by law; a country where wrongs can eventually be put right. Thanks to the growing public awareness of the dangers of asbestos exposure and the valiant efforts of plaintiffs seeking compensation for the hardships they have had to endure (none worse than mesothelioma), we have reached a point where mesothelioma patients have a high chance of being able to find some sort of positive outcome from seeking legal advice and taking legal action. Of course, just how "positive" the outcomes may be is a relative matter: despite whatever monetary compensation can be extracted from the asbestos industry or from an unscrupulous employer, the most positive thing of all would have been the victim never contracting mesothelioma or any other asbestos related disease in the first place. But seeing as the past is done and can't be changed, mesothelioma patients are encouraged to seek out legal recourse to repair the damages done to them as best as possible.
Considering the fact that countless people across the planet have fallen ill with mesothelioma and that various governments have taken the issue very seriously, the total liability for such health complications resulting from asbestos exposure has climbed up above several billion dollars. (It begs the question, just what was the profit margin of the asbestos industry after having to pay out so much money to victims?) In the United States asbestos/mesothelioma cases have gone as high as the US Supreme Court, which handed down a ruling favorable to the victims' cause. It is estimated that in the US average asbestos/mesothelioma out of court settlements are reached to the tune of about $1 million; in turn, trials in which the ruling is delivered in the victim's favor usually account for $6 million.
Though this may be good news for mesothelioma victims, it should also alert them to the need to choose legal counsel wisely. In light of the financial rewards which such settlements or rewards constitute (of which 40% typically goes to the lawyer), many lawyers will be eager to hop onto such cases-despite the fact that they may not have the experience or expertise necessary to reach an outcome that will benefit the victim. The allure of such a big chunk of cash can bring some less than trustworthy lawyers out of the woodwork, which is why victims should have a strong checklist drawn up that will help them weed out the opportunists and rookies. Think of it as nothing more than a way to help defend mesothelioma victims' interests.
Among the things that a victim or victim's family members should ask a prospective lawyer, the following items are of particular importance:
1) How many asbestos/mesothelioma cases has the lawyer in question handled in the past?
2) Were the outcomes of those cases preferential to the victim?
3) Will the lawyer be handling the case in person, or do they plan to pass it off to another firm in search of a portion of the final fee (assuming the outcome is in fact preferential to the victim)? And finally,
4) How much does the lawyer pretend to charge for their services, and how much is required up front (if anything)?
With regards to the final question above, mesothelioma patients and their families should be aware that there are legal firms and individual lawyers out there that will take on the case without demanding any up front payment, only requesting a portion of the settlement/reward should the claims turn out to be successful.
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