Indianapolis Mesothelioma Lawyer

Mesothelioma is aggressive cancer that has a high fatality rate. While treatments for mesothelioma are available, curing the disease is rarely possible. Regardless of age and the cancer stage upon diagnosis, the average life expectancy for this illness is only 15 months.

Asbestos exposure is the primary cause of mesothelioma. Although the government now regulates asbestos, it may be too late for people who have already been exposed. And while you typically won’t find asbestos in newer homes and buildings, there is still no national asbestos ban in the US.

Were you or a loved one diagnosed with mesothelioma or another asbestos-related illness? If so, you may be entitled to financial compensation from the entities responsible for your exposure.

The Indiana mesothelioma lawyers at Injury Lawyers Team, sponsored by Rosenfeld Law Offices, can help you obtain the justice you and your family deserve.

Contact our experienced mesothelioma lawyers today for a free consultation. All sensitive or confidential information our clients share with our Indianapolis lawyers will remain private under an attorney-client relationship.

What is Asbestos?

Asbestos is the term for six natural minerals consisting of fibers found in the earth. These minerals are used in many applications, including construction and manufacturing, for their strength, heat resistance, and fire retardant properties, among other uses.

Before the government started phasing out asbestos and asbestos-containing products, these minerals were widely used in construction materials, textiles, and automotive parts.

This substance is dangerous because its fibers easily separate when handled or damaged. These tiny asbestos fibers are too small to see with the naked eye and are easy to inhale. When they enter the lungs, these fibers can get stuck and damage the lung tissue over time, causing mesothelioma and other diseases.

Materials That May Contain Asbestos

Unlike in the 1980s and earlier, most products and materials in the US today are asbestos-free. However, homes and buildings built before the 1980s may still contain asbestos products and materials, such as:

Roofing
Ceiling tiles
Insulation material
Vinyl floor tiles
Soundproofing material
Textured paints and patching compounds
Heat-resistant fabrics, gaskets, and coatings
Siding shingles

Asbestos-containing materials usually don’t cause health risks unless you damage or disturb them. If you think something in your home contains asbestos, call an inspector to check your house’s materials. If you just had remodeling done, contact an air testing contractor to test your home for asbestos that may have been released from old materials during construction.

Who is at Risk of Asbestos Exposure?

People can be exposed to asbestos fibers at work, at home, or during disasters. The following groups have the highest risk of asbestos exposure:

Occupational Exposure

Indiana workers can suffer from asbestos exposure when working with asbestos-containing materials or sharing work sites with people directly exposed to the mineral. Work-related exposures include but are not limited to the following occupations:

Auto mechanics
Drywallers
Electricians
Building inspectors
Bricklayers
Demolition workers
Carpenters
Boilermakers
Ironworkers
Longshoremen
Sheet metal workers
Welders
Roofers
Plumbers
US Armed Forces

Disaster-Related Exposure

Asbestos-containing materials release fibers into the air when damaged. Hence, natural disasters that destroy asbestos materials or naturally occurring asbestos put the following occupations at risk:

Firefighters
Paramedics
Police
Construction workers
Disaster volunteers

Domestic Exposure

Families of workers directly exposed to the mineral may inhale it from their family members’ hair, clothes, or skin. Additionally, domestic exposures include:

Homes built in the 1980s or earlier
Those who engage in hobbies involving asbestos-containing materials, e.g., auto repair, home renovation

Environmental Exposures

Some industrial facilities in Indiana release asbestos into the air and soil, exposing people living nearby. These facilities include:

Building demolitions
Power plants
Refineries
Steel mills
Manufacturing plants handling asbestos
Military bases
Shipyards

What is Mesothelioma?

Mesothelioma is an aggressive and incurable cancer that affects the lining that covers the outer surface of your internal organs (mesothelium). It often occurs in the lungs and is almost always caused by asbestos exposure.

It occurs primarily in the lungs but can also affect the abdomen, heart, and testicles.

Symptoms

Pleural mesothelioma symptoms tend to develop gradually. Most people don’t experience signs or symptoms until 20 to 50 years after exposure to asbestos.

When symptoms do show up, they may include:

Chest pain
Shortness of breath
Painful coughing
Persistent coughing
Fatigue
Fever and sweating, especially at night
Loss of appetite
Unexplained weight loss
Unusual lumps of tissue under the skin of the chest
Swollen fingertips

Mesothelioma that occurs in the lining of the abdomen may cause:

Abdominal pain
Abdominal swelling
Nausea
Loss of appetite
Unexplained weight loss
Diarrhea or constipation

Many confuse mesothelioma’s symptoms for other less severe illnesses due to its rarity. If you experience one or more of these signs or symptoms, seek professional medical advice immediately. The earlier you detect the disease, the better your chances of prolonging your life.

Mesothelioma Diagnosis

Testing for this illness may include:

X-rays
CT scans
Lung or stomach fluid analysis
Thoracoscopy or laparoscopy

These tests can help confirm mesothelioma and determine its extent.

Treatment

There is no cure for mesothelioma cancer so far. Treatments typically revolve around controlling the patient’s symptoms and prolonging their life.

Possible treatments include:

Chemotherapy to shrink the cancer
Radiotherapy to kill cancer cells
Surgical removal of the cancerous area

In addition, a patient will likely receive treatments for individual symptoms to maximize comfort, including medication and fluid drainage (if fluid accumulates in the lungs or abdomen).

Prognosis

Unfortunately, the survival rate for mesothelioma tends to be low, mainly because symptoms don’t develop until decades after asbestos exposure. By the time symptoms manifest, the disease can progress rapidly.

In general:

Approximately 50% of patients will live at least one year after diagnosis
About 1 in 5 people will live at least five years after diagnosis

Determining the best way to handle this illness is often challenging. If you are unsure how to proceed, our Indianapolis legal team can help you contact a patient advocate in Indiana.

Prevalence of Mesothelioma in Indiana

Around 3,000 people are diagnosed with mesothelioma in the US yearly. The incidence rate peaked in the late 1980s and early 1990s when asbestos regulations were practically non-existent. However, people exposed to the carcinogen decades ago are still at risk of developing the disease today.

In Indiana, there were 5,790 asbestos-related deaths from 1999 to 2017, with 1,120 fatalities caused by mesothelioma. The estimated number of asbestos-related deaths is the highest in Lake County, Indiana, where Gary is found, a city known for its steel mills.

Indiana Asbestos Laws and Regulations

The US government has banned asbestos in new processes and placed heavy regulations on asbestos-containing products. Furthermore, the US has not mined asbestos since 2002. However, there is no total ban on this mineral, and its use continues in some industries.

On top of federal asbestos regulations, Indiana enforces its own rules for licensing and managing asbestos abatement:

Indiana Code Title 13. Environment § 13-17-6-1: Outlines Indiana’s accreditation and licensing of asbestos contractors.

Indiana Code 13-14-1-2 and Section 13-14-8-7: Defines the authority and duties of the Indiana environmental management department, including asbestos management.

Your Indiana mesothelioma lawyer will help you understand how these laws apply to your case during your initial consultation.

The following departments oversee and enforce asbestos regulations in Indiana:

Department of Environmental Management Office of Air Quality Indiana
Indiana Department of Environmental Management Office of Land Quality
Indiana Department of Labor (DOL)

Types of Indiana Mesothelioma Claims

Indiana asbestos victims and their families can pursue damages for injuries and other losses. Depending on the case’s circumstances, mesothelioma victims can file any of the following cases:

Personal Injury Claims

Victims can file personal injury claims against entities whose negligence led to their mesothelioma. For instance, an individual can file a personal injury claim against a company that failed to protect workers from asbestos exposure.

Personal injury cases often settle out of court, with defendants’ insurance companies offering settlements to plaintiffs. If you file a personal injury claim, you could recover financial compensation for lost wages, medical bills, and other losses with the help of a mesothelioma lawyer.

When a plaintiff decides to file a lawsuit instead, the case will go to Indiana civil court, where it’s up to the judge or jury to determine a verdict.

Wrongful Death Claims

Surviving family members of asbestos victims can file claims against negligent parties to recover compensation for funeral and burial costs, pre-death medical expenses, loss of income, and other damages.

Trust Fund Claims

Companies that file for Chapter 11 bankruptcy protection create asbestos trust funds that provide compensation for mesothelioma claimants in the future. Companies set up these funds to set aside money for future claims and avoid further lawsuits.

People who can file a trust fund claim include:

Workers exposed to asbestos by their employer or used asbestos-containing products
Household members that experienced secondhand exposure from workers
People exposed environmentally due to living near asbestos sites
Family members who lost a loved one due to an asbestos-related disease

Settlements from trust fund claims range from $7,000 to $1.2 million, with a median value of $180,000. According to a 2016 Mealey’s Asbestos Bankruptcy Report, mesothelioma trust fund claims usually result in six-figure settlements.

Veterans Benefit Claims

More than 30% of people diagnosed with mesothelioma are military veterans. Every US military branch used asbestos from the 1930s to the 1980s, not knowing it could cause mesothelioma and other asbestos-related diseases.

The US Department of Veterans Affairs (VA) provides benefits to veterans who developed mesothelioma and their families exposed to asbestos from living on military bases or secondhand exposure.

VA benefits may include:

Medical treatment costs
Monthly financial payments
Burial and funeral benefits

Our Indianapolis team will help you handle your VA claim during your initial application or if your claim is denied. If you are a military veteran entitled to VA benefits, your Indianapolis attorney will discuss your rights as a veteran further.

Filing an Indianapolis Mesothelioma Claim

Did you or a loved one develop mesothelioma? Did the exposure occur due to someone else’s negligence? If so, you have the legal right to seek compensation from responsible parties.

Every Indiana mesothelioma case is different, and there are several ways in which you can recover compensation. Our Indiana mesothelioma attorneys will help you determine your case’s best course of action.

Evidence

You will need to prove that you have mesothelioma and that the defendant’s actions caused it. An experienced mesothelioma attorney will help you collect evidence, such as:

Medical records showing you have been diagnosed with mesothelioma
Work history records proving you or your loved one worked for the defendant
Testimony including the cause of your asbestos exposure and the resulting mesothelioma diagnosis

Additionally, your Indiana mesothelioma lawyer will need proof to show the damages cancer has caused your family, such as:

Medical bills
Proof of loss of income, e.g., income tax returns
Psychological evaluations
Photos of physical signs

Your mesothelioma lawyer will discuss all the documents you need to collect during your initial consultation. They will also help you acquire evidence if your exposure occurred outside of Indiana or Indianapolis.

Damages

By filing an Indiana mesothelioma lawsuit, your lawyer could help you recover monetary compensation for the following economic and non-economic damages:

Medical Bills: Costs of treating mesothelioma and other asbestos-related diseases. These costs may include hospitalization, medication, surgery, palliative care, etc.

Pain and Suffering: Physical pain, grief, mental trauma, and other intangible damages.

Lost Wages: Wages, income, and benefits lost due to cancer.

Loss of Quality of Life: Quality of life lost after developing mesothelioma.

Wrongful Death: Death-related damages if your loved one dies from mesothelioma, including funeral and burial costs, pre-death medical bills, loss of consortium, etc.

Settlement values may vary. Prior results of our Indianapolis mesothelioma cases do not guarantee or suggest a similar outcome. Your Indiana mesothelioma lawyer will calculate the potential value of your settlement based on these damages and other factors.

Recovering a Settlement

Our Indiana mesothelioma clients often face insurance providers to recover a settlement. Generally, when you file a claim against an employer or corporation, their insurance company will offer a payment to cover damages.

If this happens, you have two choices. You can accept the payment immediately or have your mesothelioma lawyer negotiate for a better offer. Unfortunately, not all insurance companies offer fair settlements to claimants, making negotiations necessary more often than not.

Allow your mesothelioma lawyer to handle communications with the defendant’s insurer to avoid further legal difficulties. Do not provide a recorded statement to the insurer, sign over any documents, or discuss any particulars about your case without the presence of your Indiana mesothelioma lawyer.

Filing an Indianapolis Mesothelioma Lawsuit

Our Indiana mesothelioma attorneys have been helping clients recover settlements from insurance providers and trust funds for years. However, not all mesothelioma victims recover compensation out of court.

Your mesothelioma lawyer can help you file a lawsuit if:

The insurance company refuses to make a fair offer
The insurance company denies your claim without proper reason
Negotiations have stalled
The defendant denies liability for your cancer

Your case will go to Indiana civil court, where a judge or jury will hear evidence from both parties to decide a verdict.

Unfortunately, people diagnosed with this illness don’t have much time to lose. For this reason, our Indiana mesothelioma lawyers work hard to ensure our clients receive compensation as soon as possible without going to court.

If resolving your case out of court is impossible, our Indiana mesothelioma lawyers will help you pursue damages through other legal options.

Statute of Limitations in Indiana

According to Indiana law, the statute of limitations for mesothelioma claims is two years from the date of diagnosis. Before, plaintiffs only had ten years within asbestos exposure to file a claim, making it virtually impossible to pursue damages as mesothelioma takes decades to manifest into apparent signs.

Once you are diagnosed, file a claim or lawsuit as soon as possible to avoid missing the two-year window. As soon as the deadline is up, the Indiana court will refuse to hear your case, and even if you manage to file it outside the statute of limitations, the defendant will likely file a motion to dismiss.

Your Indiana mesothelioma lawyer will help you file your case immediately to avoid losing crucial evidence or your opportunity to pursue damages. We recommend our clients get in touch with our Indianapolis lawyers soon after diagnosis.

The Role of Your Indiana Mesothelioma Attorney

Asbestos cases are often complicated. First, there is the problem of determining how and where the asbestos exposure occurred. More than that, there are several ways to pursue damages in Indiana, and deciding which way to go may be challenging.

Finally, mesothelioma is a rapidly developing form of cancer, making speedy legal action crucial.

You need an experienced Indiana mesothelioma attorney to help you:

Understand your legal rights
Determine where and how you were exposed to asbestos fibers
Identify the negligent parties for your exposure
Estimate the extent of the damages resulting from your cancer
File a legal claim against all possible at-fault parties
Negotiate settlement values
File a lawsuit in civil court, if necessary
Help you recover benefits from the VA, if applicable

Our Indiana mesothelioma attorneys go above and beyond to help clients obtain the justice they deserve. We will discuss the process further during your free consultation if you have more questions about how our lawyers handle each case.

What to Do if You Suspect Mesothelioma

Mesothelioma is challenging to diagnose due to several reasons. First, it is a rare and complex illness that many doctors never encounter. Thus, it is prone to misdiagnosis as mesothelioma symptoms are similar to other cancers or less severe diseases.

Moreover, the latency period for this illness is around 20 to 50 years. Many people forget or do not mention their history of exposure to asbestos, which would mean a doctor would likely not consider mesothelioma.

With these obstacles in mind, you must be proactive if you lived or worked on or near known asbestos sites, such as manufacturing facilities or military bases. Even if you don’t have symptoms of mesothelioma or another asbestos-related disease, go to your doctor for regular imaging tests to monitor lung changes.

Also, mention your history of exposure to your doctor. If your imaging tests show abnormalities that may indicate mesothelioma, your doctor will consider it a possible diagnosis.

If you need more information about this cancer, our Indianapolis mesothelioma lawyers can help you get in touch with a patient advocate.

Talk to Experienced Indiana Mesothelioma Lawyers Today

Mesothelioma is an aggressive type of cancer. Worse, many people don’t realize they have it until it’s too late. Hence, if you discover that you have this illness, take legal action immediately.

The Indiana mesothelioma lawyers at Injury Lawyers Team have been handling mesothelioma cases for years, including wrongful death lawsuits and trust fund claims. We help clients understand the legal process of pursuing damages for this specific illness and ensure swift financial recovery given the rapid progression of mesothelioma.

Contact our Indiana mesothelioma lawyers today for a free case evaluation. All confidential or sensitive information our clients share with our legal team will remain private under an attorney-client relationship.

Our Indianapolis attorneys handle all cases on a contingency fee basis, meaning you don’t have to pay for our legal services unless we win your case.