Thursday, June 6, 2013

Determining Factors in Mesothelioma Compensation


Mesothelioma cancer is a kind of cancer that is characterized by the thickening of the mesothelium (the membrane that forms the lining of several body cavities). It develops on different anatomical sites of the body, and among the most common are pleural, peritoneal, pericardial, and testicular mesothelioma. The cause of this disease has always been attributed to asbestos exposure, which has also different reasons. There are also different ways how a person can be exposed to asbestos, but the most common reasons are occupational and residential exposures. People who work or live in places where asbestos is abundant are at higher risks in developing mesothelioma.

However, regardless of the reasons, some people are able to file compensation lawsuits against companies that are responsible for their asbestos exposure when they have already been diagnosed with mesothelioma. Asbestos is highly regarded as a health hazard, and companies distributing such materials (health hazards) are liable for the damages they cause. However still, not all who filed such lawsuits were compensated. Why? Because there are serious factors that are being considered before a decision for compensation is made. Here are some of them.

Type of mesothelioma and the damage it inflicted to the victim.

As mentioned, there are different types of mesothelioma, and each type of the disease cause different degrees of damage to the victim, manifesting various mesothelioma symptoms. The more serious your condition is and the bigger the damage mesothelioma has done to you, the higher your chance of getting compensated. Specifically, the stage of the cancer that developed, your ability and disability, and how much additional home care you need due to these disabilities.

Your past employment history.

This is to determine your previous income history. Much of this is weighed to tell whether or not how much compensation you need to cover the medication. Past high-paying jobs or those that provide pension will probably give you a less chance of receiving compensation.

Age and sex of the victim.

Although not all cases for mesothelioma compensation requires consideration of the victims’ age and sex, it is often assessed. These are part of the regional differences when assessing a person’s legibility to the compensation. Oftentimes, the older the person is, the higher their chance of getting the compensation. With regard to the sex, it is often ambiguous why it is assessed.

As mentioned, there are regional differences in approaching such as case, so we can safely say that different factors are weighed as well, depending on the court jury and the laws that surround such cases. It is best to talk to an experienced mesothelioma lawyer to better understand you choices.

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