Tuesday, November 9, 2010

Good Mesothelioma claims Lawyer

When someone believes that they may have cancer, the first thing they should do is go see their doctor. If this problem does become a reality, the next thing they should do is become educated.

Information is your best weapon in the battle against cancer. When you educate yourself on every aspect of a situation you are then in a much better position to deal with it effectively. You are going to want to know everything about your ailment, including the cause of it, descriptions of each symptom and the latest treatment that is available. In some cases you are going to want to know how to hire a lawyer to seek justice and reparations.

Research is a very valuable thing if you learn that you have cancer. There is plenty of information available on the internet today about any medical condition that exists. Google and keyword searches should become a regular part of your life. There is also a lot of information available online about attorneys, support groups, hospitals, and physicians that deal with mesothelioma cancer or any other condition.

Mesothelioma is a form of cancer that affects the lining around the exterior of the lungs as well as the inside region of the ribs, or pleura and the abdominal organs, or peritoneum. This disease is caused basically by having previous exposure to asbestos fibers. Currently in the United States there is no other known cause of it other than asbestos exposure.

This disease begins in the lining of the chest cavity next to the lungs and heart. As it progresses it spreads through the wall of the chest to the heart and other vital organs. Eventually, it can spread to all the organs throughout the body and the most severe cases at this stage are usually terminal.

If you suspect that you may have mesothelioma cancer it is very important that you schedule an appointment to see your doctor immediately. Do not hesitate for early detection can save your life. Having tests done does not mean that you have cancer, it just means you would rather be safe than sorry. If you do receive a mesothelioma diagnosis, the sooner you address the problem the better your chances are to treat it effectively.

If you do not have health insurance or a primary care doctor then you can go to a state or county run hospital and apply for a government sponsored insurance programs. If you qualify you can receive low-cost or no-cost insurance to cover the cost of your doctor's appointments, lab tests, prescription drugs, therapy, etc… Almost every major city in the United States has a county or state run hospital that provides care for those who cannot afford medical insurance.

While your primary concern will be with taking care of your health if you are diagnosed with mesothelioma, you may also want to think about whether or not you may have a lawsuit. Many companies have ignored the laws that have been established by the federal government over the past few decades and this has been the cause of many mesothelioma lawsuit cases.

The motive behind law breaking companies regarding asbestos use is usually greed. It can be very expensive to comply with the FDA regulations, and this can cut into their bottom line profits. Instead of spending the money to replace old asbestos materials at their work facilities they would rather pocket the money for themselves. As stated earlier, mesothelioma sometimes does not show up for decades after the asbestos exposure occurs, so a lot of business owners and corporate executives may feel that they will never be linked to the cause if one of their retired or former employees gets mesothelioma many years after working for them.

There is no shortage of mesothelioma lawyers on the internet that will fight on your behalf to get you justice and money.

Thanks to scientific, medical and legal research there are now ways to link negligent or illegal business practices to people who have mesothelioma. Many law-breaking companies in the United States have been ordered to pay huge fines and reparations to their employees that have contracted mesothelioma because of an illegal use of asbestos material in their workplaces. Attorneys that handle these types of cases are in abundance these days and most of them will give you a free consultation to determine if you have a lawsuit or not.
source:Michael P. Connelly
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Important Information You Need To Know About Personal Injury mesothelioma Claims

By definition a personal injury happens when an individual has suffered an injury, have it be psychological or physical, as the result of an accident (major or minor) or a medical malpractice (professional carelessness by act or omission by a healthcare provider in which care provided deviates from recognized standards of practice in the medical community and causes harm to the patient). Usually the most general classification of an injury claim is that of traffic accidents, accidents at work, tripping, assaults, accidents in the home, defective products and of course holiday accidents. The phrase "personal injury" also integrates medical and dental negligence which are oftentimes referred to as "industrial disease" cases. Some of these cases include;

Black Lung Disease
Industrial Deafness
Tenosynovitis and Tendonitis
Lung Cancer

Industrial diseases are diseases, illnesses or disabilities resulting from conditions of employment and is most likely due to exposure to physical, biological and chemical agents. Another large "disease" regarding industrial is that of Agent Orange which has caused several people disease's and disabilities years after they were in contact with the substance. In instances where the injury was the fault of someone else, the wounded individual may be entitled for pecuniary compensation from the person who was careless. Oftentimes, the purpose of a structured settlement is desired by the injury victim to help protect them financially after an injury settlement. Structured settlements provide injury victims with tax benefits and enable special financial preparation for approaching demands of the injury victim as a result of the injury.

One of the main things you should do when injured is to write down everything you can about the incident at hand including details of your injuries and the effect they have on your daily life. These notes can be extremely important months later when you prepare all the information needed for compensation. Listed below are some more specific points you should write about regarding the injury and or accident.

As soon as possible write down everything about the accident and how it happened including what you were doing, where you were going, who you were with, the time it was, the weather and any and all things you may have felt or heard when the accident happened including; twists, cracks, or blows before, during and after the accident.

In the days following your injury it's important to take notes on any pain and or discomfort you may be having. You may suffer pain, discomfort, anxiety, sleep deprivation, or other problems which are not as visible or serious as another injury but for which you should demand additional compensation for.

Make notes of any losses you may encounter. When a lot of people get injured they can't work, and this in turn takes money away from you, you may lose other things as well such as job opportunities, meetings, classes, events, family or social gatherings, vacation, or anything else which would have benefited you or which you would have enjoyed but were incapable of doing because of the accident. The point of this is to write down any nuisances this injury has caused you to have and yes, this also includes pain and suffering!

Make written notes of the date, time, people involved and subject matter of any convos you have about your fortuity or your claim. Face-to-face or phone conversations worth mentioning might include those with any witness, adjuster, or other insurance policy representative, or with the medical personnel.
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Friday, October 15, 2010


 3. Additional changes to provide fair and just benefits and compensation
In addition to the above proposals to eradicate delays to mesothelioma claims, we have
proposed changes (Appendix A) that would improve benefits and compensation for
mesothelioma sufferers. These do not amount to a ‘wish list’ of changes, but relate to many
small and large injustices faced by mesothelioma sufferers all of which deserve action.

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Thursday, October 14, 2010


 2. Overcoming delays to mesothelioma claims pre and post-action.
A government long term solution was unveiled at the Mesothelioma Summit on the 13 March
2007 to provide a lump sum payment to all mesothelioma sufferers.4 This dramatic
government announcement, taken together with the interim measures already implemented,
amount to a major step forward for mesothelioma sufferers.
Notwithstanding these important government initiatives, including the practice direction
already referred to, much more needs to be done to improve claims, especially pre-action.
We are convinced that unless government addresses serious remaining obstacles to
mounting mesothelioma claims all government initiatives now and in the future will
remain partial and fail to achieve the government’s declared objectives.
In our submission to the DWP in November 2006 we identified the following obstacles to
mesothelioma claims. We believe that it is essential that they are removed.
Employers Liability Compulsory Insurance
A mesothelioma claim cannot be effectively pursued if an insurer cannot be traced where the
employer is no longer trading. Many legitimate claims fail simply because of this.
Furthermore, time is lost in tracing an insurer, so that in many cases a mesothelioma sufferer
will have died by the time an insurer has been traced.
The proposals below are essential, in many cases, to the issue of an early letter of claim and
to improve the pre-action process.
Establish a central repository for employers liability insurance
There is currently a requirement to keep employers liability insurance records (ELI) for 40
years. However, there is no system for central storage of insurance records, without which it
is very likely that the current difficulties in tracing ELI records will continue into the future.
As companies cease trading it is not possible to ensure that their records are accessible and
traceable. There should be a compulsory requirement for all responsible organisations to
record their ELI policies in an agreed central storage system.
Impose a specific duty to make available and deposit all ELI records
The code of practice for tracing employers’ liability insurance is not proving effective. There
is a substantial amount of information held by insurers, brokers and others. We believe that
the parties who hold this information will not voluntarily make available all the information
they have. We believe there should be a specific duty placed on specified organisations (e.g.
insurance companies, employers, solicitors, and others) to lodge all ELI information available
to them in a designated, central storage system. This is an urgent issue as information is
gradually being lost or destroyed.
Dependency Claims
Many mesothelioma claims are delayed because a claim made after death can be more
advantageous for a mesothelioma sufferer’s dependants. We know that mesothelioma
sufferers wish to die secure in the knowledge that the best financial arrangements have been
made. We do not think an acceptable solution to this dilemma is for an interim payment to be
made pending completion of the claim after death.
The MoJ have proposed options which might satisfactorily resolve this dilemma in their
consultation paper CP9/07, and also remove the discrepancy in this aspect of law between
Scotland and England and Wales.5 We think that the options in the consultation paper should
be considered as a matter of urgency and a satisfactory solution agreed to provide just
compensation and to avoid unnecessary delay in settlement of claims and anguish to
mesothelioma sufferers and their families.
The FSCS validation rule
The Financial Services Compensation Scheme (FSCS) validation process causes long delays
in payment of damages to mesothelioma sufferers, so that in many instances they die before
payment is made. These delays could be eradicated if the mesothelioma sufferer were paid
prior to the conclusion of the validation process. The FSCS can afford to wait for payment
and would lose nothing in doing so. It is unacceptable to delay payment for no other reason
than bureaucratic convenience.
Arrangements for provision of medical records
The delay, in some instances, in the provision of medical records, can slow down the claims
handling process. While clinical treatment is a priority, the importance of making records
available to expedite mesothelioma claims is not always sufficiently understood.
The majority of hospital trusts in Merseyside have agreed to a Terminal Illness Protocol
which prioritises solicitors’ requests for medical records by accepting a a new form, titled,
“URGENT – Terminal Illness Case (TIC)”. It was noted in discussions that the current fee for
providing medical records is insufficient. A higher fee, particularly for solicitors’ priority
requests, would enhance the capacity of trusts to provide information in a timely manner.
The insurers’ latest challenge: the ‘trigger’ issue
Insurers are threatening to withhold compensation in mesothelioma cases pending the
outcome of the legal challenge, the ‘trigger’ issue. We have been contacted by claimants who
have been advised by their solicitors that payment might be delayed. One of the biggest
impediments to mesothelioma claims has been the continuous attempts by defendant and their
insurers to challenge the right of mesothelioma sufferers to compensation; first the Fairchild
case, then the Barker case and now the ‘trigger’ issue. We do not accept the assurances given
to government by insurers that they are eager to provide timely to compensation to
mesothelioma sufferers, when, at the same time, they are working day and night to defeat
legitimate claims. If this latest attack on mesothelioma claims is successful it will cause chaos
and lead swiftly to the end of compensation for mesothelioma sufferers.

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Wednesday, October 13, 2010


1. Mesothelioma Pre-Action Protocol
The fast track court system for mesothelioma claims, developed by Senior Master Whitaker,
has made the greatest single improvement to date in progressing living mesothelioma claims.
The MoJ has incorporated this fast track system into a Practice Direction, which will soon
take effect throughout the regions and expedite many more mesothelioma claims. It would be
a disaster if a mesothelioma pre-action protocol were to be adopted which would deny early
access to the fast track court system, and thereby undermine an initiative which has been
universally acclaimed.
However, we share concerns that more could, and should, be done to improve claims, both
pre-action and post-action. Government has already proposed improvements through interim
and long term measures. We think the government’s initial, interim approach with regard to
the pre-action process was correct in looking for an early, standard letter of claim in the
context of the Pre-Action Protocol for Disease and Illness Claims (Disease and Illness
Standard Letter of Claim
The announcement on 16 May 06 by John Hutton1 that the DWP, ABI, APIL and the DCA
had agreed to work together to speed up the settlement of claims for those suffering from
mesothelioma was universally welcomed. On the 20 July 06 eight interim measures were
announced, including the development of a Standard Claim Letter, which could be
implemented relatively quickly. Action on most of the interim measures has now been taken,
resulting in significant improvements.2
The development of a Standard Letter of Claim was overtaken by the ABI’s unexpected, and
unwelcome, draft mesothelioma pre-action protocol. We think that the initial proposal for a
Standard Claim Letter should now be developed, and implemented, as a matter of urgency.
Appropriate reference to the letter of claim should be made in the existing Disease and Illness
Protocol to the effect that:
• the letter of claim should be sent within 14 days of a defendant being identified3 and before
issuing proceedings;
• any delay in sending a letter of claim is unacceptable and we believe that sanctions should
be imposed on a claimant’s solicitor for failing to do so;
• 14 days should be allowed before proceedings are issued for a defendant to reply and admit
liability and make an acceptable offer and an acceptable interim payment.
It is clear that in many cases the claimant’s occupation and the defendant’s industry sector,
e.g. BR locomotive works, means that it is inevitable that liability will be accepted: it is
only a matter of time until this is done. In these circumstances especially it is possible for a
defendant to concede liability in response to a letter of claim within the specified period.
• proceedings may be issued at any time after the 14 days have elapsed from the claim being
Accepting liability must be quickly followed by a meaningful offer of compensation. Too
often this does not happen and a long delay ensues, leading to eventual ‘haggling’ on the
steps of the court. Anyone who has stood with a widow and witnessed this sordid spectacle
will understand the frustration and anguish caused by the claims process. This is why it is
essential that proceedings may be issued even if liability is admitted.
Fatal Claims
We believe that in contrast to living claims, fatal mesothelioma claims are not expedited as
they should. It is not acceptable that some fatal claims should take years to conclude. We
think that the Disease and Illness Protocol is not currently followed and we think it should be
effectively enforced, and sanctions should be imposed for delay. Fatal mesothelioma claims
should be monitored to assess the effectiveness of the Disease and Illness Protocol.
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Tuesday, October 12, 2010


The Forum is grateful for the recent opportunity to meet with Janet Howe, Ministry of Justice
(MoJ), about the draft mesothelioma pre-action protocol, and for the opportunity to re-engage
in the discussion on the best way forward for speeding up mesothelioma claims.
The Asbestos Victims Support Groups Forum – UK (Forum) submitted proposals to the
DWP for the improvement of mesothelioma claims in November 2006. Our proposals
included suggestions for change to the Industrial Injuries Scheme, the Pneumoconiosis etc.
(Workers Compensation) Act 1979 and to statute and common law rules (Appendix A).
We share the concerns of ministers and their officials about the many failings of the common
law system which denies compensation to so many mesothelioma victims, and fails to deliver
compensation in a timely way to those who are indeed ‘fortunate’ enough to succeed in their
The cards are truly stacked against mesothelioma sufferers:
• their disease has the dubious distinction of having the longest latency of all, consequently
tracing insurers is a nightmare;
• they often give up a claim in-life to secure financial security for dependants on death;
• they often do not live long enough to know the outcome of their claims;
• the delay in getting medical records can add sufficient additional delay to deny
compensation in life;
• even when damages are won, the FSCS validation process can delay payment until after
• the latest insurers legal challenge (the ‘trigger issue) is now delaying payments in some
mesothelioma cases.
The government could make a huge difference, and deal a ‘better hand’ to mesothelioma
sufferers by acting to remove the above obstacles and delays. Our proposals below address
the concerns we have about the claims process, both pre-action and post-action.
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Monday, October 11, 2010

The Different Types Of Mesothelioma

Mesothelioma in the present times is one of the most dangerous cancers in the world. Its cure is impossible and even its detection is quite difficult. The symptoms of mesothelioma are very much similar to some of the commonly occurring diseases. As a result even if the patient is showing the signs of having mesothelioma, it would be difficult for the doctor to diagnose it as such. There are mainly three types of mesothelioma that have the highest rate of incidence. These three types are the pleural mesothelioma, the pericardial mesothelioma and the peritoneal mesothelioma.

The Pleural mesothelioma: The primary cause of pleural mesothelioma is the exposure of the individual to the mineral asbestos. When the asbestos fiber gets lodged in between the mesothelium membrane surrounding the lungs then the cancer is known as the pleural mesothelioma. The cancer of pleural mesothelioma has the highest rate of occurrence. The asbestos fiber once inside the pleural membrane remains dormant for a long period of time. After this latency period, these fibers start interfering with the working of the mesothelial cells. This interference leads to the development of the cancerous tissues.

The Pericardial Mesothelioma: When the asbestos fibers start interfering with the mesothelial cells in the pericardial region then the resultant cancer is known as the pericardial mesothelioma. The mesothelium membrane surrounding the heart region is known as the pericardial membrane. The asbestos fibers after a long latency period start interfering with the working of the pericardial cells. This interference leads to the development of the cancerous cells in the pericardial region.

The Peritoneal Mesothelioma: The mesothelium membrane surrounding the abdominal region is known as the peritoneal membrane. When the asbestos fibers get lodged in between the peritoneal region then the resultant cancer is known as the peritoneal cancer. Just like in the other two cases, the peritoneal cancer occurs when the asbestos fibers after a long period of latency start interfering with the working of the peritoneal cells.

All the above three forms of mesothelioma are devastating for the patient as there is no permanent cure for this cancer. Once a person has been diagnosed with this cancer, the only option left to him is make his remaining life pain free and comfortable.
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