Mesothelioma is a deadly cancer that develops in the linings of organs, most commonly the lungs. The only cause is asbestos exposure, and it often does not appear until decades after the exposure occurred. It can be caused by a small amount of exposure or more likely by a great deal of exposure. There appears to be a genetic link where some people are more susceptible than others to developing Mesothelioma after asbestos exposure.
When asbestos fibers are inhaled, they can lodge in the lungs, which have no effective means of absorbing or getting rid of them. Asbestos is essentially indestructible. The body as a defence often encapsulates the asbestos and it remains in the body. The constant irritation from the asbestos causes cellular changes that can eventually turn malignant.
The first symptoms of mesothelioma may include:
Growing tumors can cause abdominal pain, bowel problems, severe breathing problems and fluid retention. Eventually, they can metastasize and spread throughout the body.
Doctors typically prescribe chemotherapy or radiation following a diagnosis, but the sufferer’s chances of survival are usual grim by the time mesothelioma is identified.
The disease of mesothelioma has only one known origin: asbestos exposure. This allows for higher compensation in claims where mesothelioma is diagnosed compared to other cancers. Lung cancer, esophageal cancer and other cancers may be caused or contributed to by asbestos exposure but it cannot be proven that asbestos was the sole cause. If a smoker develops lung cancer, asbestos may have contributed to the lung cancer, but often the doctors simply blame smoking. If you were a smoker an developed mesothelioma, it will not affect the amount of compensation we can recover.
Many Canadians still face regular exposure to asbestos at schools, workplaces and even residences. When claims are made, compensation comes mainly from bankruptcy trusts of asbestos companies set up for exposure. Manufacturers of asbestos products were forced to pay compensation in U.S. courts and many went into bankruptcy where funds were set up to deal with future claims. New trust funds are still being opened where companies who resisted bankruptcy gave up fighting the claims in court. Even with clear evidence that you or a loved one are the victim of asbestos exposure because of a mesothelioma diagnosis, building a case for specific trust fund compensation is very complex. An asbestos claim lawyer still has to prove exposure to specific asbestos products. This requires investigation as to which asbestos products were on the market and in a workplace where the victim was at the time of exposure. We have built an asbestos products database that can help us figure out which asbestos products you were exposed to. Some asbestos trusts list specific worksites as asbestos “hotspots” and accept entitlement to compensation where a victim worked there during certain years. Unfortunately, few of the listed asbestos work sites are in Canada. Some Canadian workplaces have been added as a result of claims made by our clients. Every step of the way, entitlement to mesothelioma compensation can be limited by less-than-qualified legal representatives. You want a lawyer that is well versed in Canadian asbestos exposure, that knows Canadians laws and that will exhaust every possible avenue to recover compensation on your behalf. It is a tricky path, and you should travel it with the guidance of a proven expert. As US based lawyers are not familiar with Canadian workplaces or how the Canadian system works it is best to be represented by lawyers in Canada who know about asbestos products in each province and who will do the necessary work and research to document a claim.
In Canada, each province has laws that apply to a worker with asbestos related illness. To qualify for workers compensation, you must have been exposed to asbestos during your career. If Workers Compensation accepts your claim they often will pay a lump sum, a monthly pension, survivor benefits to the dependents, medical expenses and funeral expenses. You cannot apply to both workers compensation, and the asbestos trusts. When you apply to Workers Compensation, they take away your right to make a claim. Before you make a claim to workers compensation, call us and we can figure out if you will receive more compensation from the asbestos trusts.
Our Ontario based mesothelioma law help victims of asbestos across Canada collect maximum compensation from many different sources. We are the original Canadian licensed law firm which works directly with the US based asbestos trust funds to get compensation. Our fees are equal to US lawyer fees for the same service and we include any applicable GST or HST in our fee so you will not pay more from your settlement by having Canadian representation. Some American law firms charge 40% or greater, do not be taken advantage of by an American Law firm that does not have a license to practice law in Canada.
Miskin Law has offices in Peterborough and Whitby, Ontario. We help clients all over Canada and we happily correspond by phone, letter, fax, email and home visits. No other lawyers in Canada have our unique experience in mesothelioma cases and its nuances. Contact us for a free consultation so that we can start working to help you.