New Orleans has seen an extensive presence of asbestos both in the construction of its buildings and in local industries, shipbuilding. Exposure to asbestos is the leading cause of mesothelioma – a cancer that begins in the lining of the lungs and spreads to adjacent organs. While lawsuits involving mesothelioma follow most of the same rules as other personal injury lawsuits, there are complexities to mesothelioma cases that require an attorney experienced in mesothelioma litigation. These complexities arise from the long latency period of mesothelioma. The symptoms of mesothelioma may not appear until decades after exposure to asbestos, making it difficult to establish the source. Obviously, the manufacturer of the product that caused the mesothelioma or an employer where you worked decades ago is unlikely to agree that they are responsible for a disease that developed years after exposure. A personal injury attorney experienced in mesothelioma litigation can help you…Read More
No, unless you were adopted by the step-dad or step-mom. Only heirs to the estate can file a lawsuit for the mesothelioma diagnosis. However, in some instances you can pursue asbestos related litigation. And in other cases, if the mesothelioma was related to service in the military, there may be VA benefits available. If you have questions about Mesothelioma, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
Unfortunately, no. If the settlement proceeds are in fact paid to the estate, the estate would still have to pay any liens. That’s why it is so important to have a Succession plan set up for the Estate for anyone that is diagnosed with Mesothelioma as soon as possible. If you have questions about Mesothelioma, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
Unfortunately, just being exposed to asbestos is not a viable cause of action for a mesothelioma lawsuit. You would have to be diagnosed with mesothelioma. Once the diagnosis is confirmed, an individual has one year from the date of the diagnosis to file a lawsuit. In cases where the mesothelioma victim has died, the spouse or other heirs have one year from the date of death from mesothelioma to file a wrongful death lawsuit and pursue other litigation. Anyone who suspects they have mesothelioma from being exposed to asbestos should consult a physician for proper testing. If you have questions about Mesothelioma, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
A mesothelioma diagnosis is a devastating and extremely emotional experience for the patient and their family member. However, it is important to work with an attorney and file a mesothelioma lawsuit soon after the diagnosis so that the mesothelioma victim’s lawyers can get an expedited trial date before he or she becomes too sick to testify at trial (here’s a good video on how much money a family might get from a lawsuit). Don’t wait – contact an experienced mesothelioma lawyer today. If you have questions about Mesothelioma, call The Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
In the State of Louisiana, the statute of limitation provides that after having been diagnosed with mesothelioma, an individual has one year from the initial diagnosis of mesothelioma to file a lawsuit. In addition, if a mesothelioma victim has already died, his or her spouse and other heirs typically have one year from the date of death to file a wrongful death action, which can also result in the recovery of substantial money damages obtained by filing a lawsuit. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief. If you have questions about Mesothelioma, call the Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
The likelihood of someone contracting mesothelioma while working on a construction site in Louisiana is proportional to the amount and intensity of the exposure. That includes the size, shape, and chemical makeup of the asbestos fibers; and the source of the exposure. However, this disease has been known to develop in people whose exposure has been minimal, but have a genetic predisposition to cancer. For those ultimately diagnosed with mesothelioma, it may be 20 to 50 or more years to the onset of symptoms, and risk does not appear to diminish with time. If you have questions about Mesothelioma, call The Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
Exposure to asbestos is an unfortunate reality for many of New Orleans’ citizens. Asbestos was once used extensively in Louisiana chemical plants, shipyards and oil refineries. It also was used in the construction of many older homes. Mesothelioma may not develop until twenty years or more after exposure to asbestos. As a result, it often appears in individuals who no longer work in a workplace where asbestos was used. These individuals are allowed to file a claim, but they must be prepared to offer proof of where the exposure occurred. Because exposure to asbestos is virtually the only cause of mesothelioma, however, it is often possible to narrow down the source. If you have mesothelioma and wish to pursue a claim, you should consult with an attorney experienced in this field. Be prepared to provide him or her with a full work history, and a list of products used during…Read More
In Louisiana, the most common types of jobs that lead to asbestos exposure are military veterans, shipyard workers, construction workers, factory laborers and rescue personnel. Up to 30 percent of all mesothelioma patients are military veterans. Asbestos has been widely used in every military branch, particularly the Navy. It has been used in everything from clothing to metal fixtures. Asbestos was widely used on commercial ships and in shipyards to stave off the risk of fire. On the ships, it was used in the boiler and engine rooms and sleeping quarters, among other places. More than 1.3 million construction workers are exposed to asbestos each year. This mineral has been used in all types of building construction materials including floor tiles, siding panels, pipes, insulation, theater curtains and duct tape. In addition to the industries that mill and refine asbestos, a large number of factories create asbestos-containing products. Those involved in…Read More
The surviving spouse and children of the decedent have the right to file a lawsuit for wrongful death of a mesothelioma victim. And depending on the work history, other lawsuits and claims may be filed. If there is no surviving spouse, children, parents and/or siblings can file a lawsuit on behalf of the estate. The lawsuit must be filed within one year of the decedent’s death. If you have questions about Mesothelioma, call The Gertler Law Firm at (504) 527-8767 for a free consultation.Read More
