Mesothelioma Attorney in Pittsburgh

Because of the publicity given to the dramatic increase in mesothelioma cases in the United States, Morgan and Morgan receives phone calls from concerned potential clients that worked in the construction and home remodeling industries. Many of our clients want to know how to detect the signs of this type of cancer.

The signs and symptoms of mesothelioma often are difficult to notice because the tumors do not develop until a year or more after prolonged exposure to asbestos. Many victims do not notice the signs of cancer until they reach retirement age. By then, the disease has reached an advanced stage when treatment does nothing more than slow down the development of cancer. Completing comprehensive imaging tests on an annual basis can lead to the detection of mesothelioma. Another problem with diagnosing this type of cancer is that respiratory distress symptoms resemble other types of respiratory diseases.

Nonetheless, if you experience constant chest pain, along with a persistent cough that gradually becomes more pronounced, you should undergo a series of imaging tests. Shortness of breath and painful breathing might indicate a more advanced stage of the cancer. If a victim fails to detect mesothelioma symptoms in one of the early stages, chronic fatigue and dramatic weight loss might indicate the development of an advanced case of mesothelioma. The most obvious symptom of the disease is when fluids start to build in the lungs, which eventually makes it extremely difficult to breathe.

Although each state such as Pennsylvania has established a process for filing a mesothelioma lawsuit, most cases involve completing a similar series of steps to build the strongest case possible.

Organize Medical Evidence

The heart of a civil lawsuit that seeks monetary damages for exposure to asbestos is the medical records that confirm a diagnosis of mesothelioma, as well as documents that describe treatment programs and physical therapy sessions. Your primary care physician should submit the results of imaging tests, with an emphasis on highlighting the sections of both lungs where cancerous tumors have developed. The oncologist treating the disease submits a detailed timeline that describes the detection of symptoms, as well as the time when you entered the advanced stages of development.

Obtain Work-Related Documents

You can submit plenty of compelling medical evidence and still not have a strong enough case to file a mesothelioma lawsuit. The key for mesothelioma and asbestos exposure lawyers in Pittsburgh is to connect an extended period of exposure to asbestos to the development of cancerous tumors. This requires acquiring work-related documents that prove you were exposed to asbestos, as well as how long you worked around the hazardous material. Your personal injury attorney from Morgan and Morgan reviews the documents that describe the construction of the building where you worked or spent a considerable amount of time. If your attorney discovers asbestos in the workplace, you submit the asbestos as an exhibit of evidence during a civil trial.

File a Civil Lawsuit

Once you have organized medical evidence and work-related documents, the time has come to file a civil lawsuit that seeks monetary damages. Your personal injury attorney serves the other party with a copy of the document filed to initiate legal action. According to Pennsylvania law, the other party has 20 days to respond to the filing of a civil lawsuit. Twenty days gives the defendant plenty of time to decide whether to proceed with the trial phase of the litigation process or instead, request to negotiate a settlement.

Negotiations

Most personal injury lawsuits get resolved through negotiations. Both parties agree to meet to find common ground concerning the value of compensation, as well as how much money to pay upfront. Your personal injury attorney submits an offer, which the defendant can accept, reject, or send back with a counteroffer. If you do not agree to the value of the counteroffer, a series of counteroffers might ensue until both parties agree to a settlement or decide to move on to the trial phase of the litigation process.

Negotiating a settlement helps you avoid going through a costly and time-consuming trial.

One of the most important legal services provided by mesothelioma and asbestos lawyers in Pittsburgh is to ensure clients file a civil lawsuit before the expiration of the statute of limitations. Every state has established a deadline for plaintiffs to file the proper documents. Most states have set the statute of limitations for filing a personal injury lawsuit between two and four years, while a few states go as long as six years and as short as one year. Pennsylvania personal injury law provides plaintiffs with two years to take legal action for a mesothelioma lawsuit. For most personal injury cases, the clock starts ticking on taking legal action on the date of a personal injury incident. 

Mesothelioma lawsuits typically start the clock ticking on the day when a plaintiff received a diagnosis confirming the development of this type of cancer. If you were exposed to asbestos for 30 years, but you did not receive a diagnosis for mesothelioma after 30 years passed, then the statute of limitations starts on the date of the diagnosis 30 years after your first exposure to the hazardous material.

After you receive a diagnosis of mesothelioma, two years appears to be more than enough time to file a civil lawsuit that includes the submission of overwhelmingly persuasive evidence. However, you should not wait until the last minute to file a civil lawsuit that seeks monetary damages for two important reasons. First, once you receive a mesothelioma diagnosis, the disease can rapidly deteriorate your health. Filing a civil lawsuit quickly after receiving a diagnosis for the disease grants you more time to get your financial house in order. Second, you must take care of all debts that are associated with your case, including staying current with costly medical bills. Filing a civil lawsuit quickly after a diagnosis helps you recover from financial losses much faster than if you wait almost two years.

If you fail to file a mesothelioma lawsuit before the expiration of the statute of limitations, the court clerk processing your case will dismiss it.

Most personal injury lawsuits involve awarding of three types of monetary damages: Economic, non-economic, and punitive. Because of the seriousness of mesothelioma, your loved ones might be eligible to receive wrongful death damages. Your personal injury attorney from Morgan and Morgan will discuss wrongful death damages with you in more detail.

Economic

Economic damages represent the tangible costs that are associated with a personal injury case such as mesothelioma caused by exposure to asbestos. You have the right to request compensation to cover the costs associated with diagnostic tests, treatment programs, and physical therapy sessions, as well as prescription medications and the use of an assistive device. If you detect the development of mesothelioma before you retire, you might qualify to receive compensation to cover lost wages.

Non-Economic

Going through the ordeal of living with any type of cancer takes a tremendous mental and emotional toll on victims. This can lead to mental health issues such as acute fear and anxiety. You might develop symptoms of depression, especially if you have difficulty coping with living with a terminal disease. Your personal injury attorney from Morgan and Morgan calculates non-economic damages by using a formula that factors in the value of economic damages.

Punitive

The judge hearing your case has the legal power to award punitive damages, which do not cover the costs associated with a mesothelioma and asbestos exposure lawsuit. Punitive damages penalize the defendant for committing one or more acts of negligence. For a mesothelioma lawsuit, punitive damages penalize the defendant for placing the plaintiff in harm’s way by exposing the defendant to asbestos. If the defendant knew about the asbestos, the judge might award you a substantial value for punitive damages because of intentional negligence.

Discovering that you have mesothelioma can devastate you and your family. Allow the mesothelioma and asbestos exposure lawyers in Pittsburgh from Morgan and Morgan to reduce some of your stress by representing you during the entire legal process. 

Schedule a free case evaluation to learn more about how to get the compensation that you deserve.