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Who Can File a Mesothelioma Claim in Maryland?

Who Can File a Mesothelioma Claim in Maryland?

Who Can File a Mesothelioma Claim in Maryland?

Mesothelioma lawsuit statistics show that the number of mesothelioma lawsuits filed each year has increased dramatically since 2000. This rise in mesothelioma litigation is due largely to the increasing awareness of the dangers posed by asbestos. 

Since 2000, the total amount paid out in mesothelioma settlements has risen steadily from $13 million to over $100 million per year.

An experienced mesothelioma lawyer can assist patients in filing lawsuits against companies that manufactured asbestos-containing products. These companies may be held liable for damages resulting from mesothelioma, regardless of whether the patient worked directly with the company.

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What is Mesothelioma?

Mesothelioma is a rare form of cancer caused by exposure to asbestos fibers. Asbestos was once used widely in construction materials such as insulation and fireproofing products. In most cases, mesothelioma develops after decades of working with asbestos. However, it may develop within weeks or months of first exposure.

Asbestos has been banned since the 1970s, but millions of Americans still live near old buildings containing asbestos. If you were exposed to asbestos, you may develop mesothelioma.

There are two types of mesothelioma: pleural mesothelioma and peritoneal mesothelioma (also known as malignant peritoneal mesothelial carcinoma). Pleural mesotheliomas occur most frequently in men between 50 and 60 years of age. Peritoneal mesothelium tumors are usually found in older men and women.

What Are Common Mesothelioma Symptoms?

In addition to causing lung cancer, mesothelioma is known to cause tumors in the abdominal area, such as the stomach, intestines, liver, and pancreas. Mesothelioma symptoms include pain in the abdomen, back, shoulders, arms, legs, and feet. Other symptoms may include shortness of breath, coughing, fatigue, fever, nausea, vomiting, and weight loss.

Mesotheliomatous pleural plaques are small nodules that form on the surface of the lungs. Asbestos fibers can enter the bloodstream and travel to the lungs, where they lodge themselves in the walls of the air sacs called alveoli. This causes scarring and thickening of the tissue, leading to inflammation and fibrosis.

Treatment for mesothelioma depends on the stage of the disease. Surgery, radiation therapy, chemotherapy, and targeted therapies are available treatments. Unfortunately, there is no cure for mesotheliomas. 

Asbestos Exposure in the Workplace

Asbestos was once used widely in construction materials, insulation, and fireproofing products. However, its harmful effects were discovered decades later.

Asbestos exposure in the workplace has been known to cause serious health problems such as mesothelioma, lung cancer, and asbestosis. Asbestos was used extensively in construction until its ban in 2001. However, asbestos remains present in older buildings and homes across America.

According to the Occupational Safety and Health Administration (OSHA), workers are exposed to asbestos every day. This means that you may be exposed to asbestos without knowing it. If you think you may be working near an area containing asbestos, contact your employer immediately.

How To File Mesothelioma Claims and Lawsuits in Maryland?

In order to file a claim against a manufacturer, distributor, or seller of asbestos-containing products, you must first file a lawsuit against the responsible party. This is called filing a "lawsuit" or "claim." After you file a lawsuit, you must wait until the statute of limitations has passed before you can collect any damages.

This means that you cannot sue a defendant immediately after you become aware of your injury. Instead, you must wait until six years have passed since the last day you worked with asbestos. For example, if you became ill due to asbestos exposure on January 1st, 2010, you would have until January 1st, 2016 to file a lawsuit.

However, if you did not become sick until August 1st, 2015, you would still have until August 1st, 2021 to file a lawsuit. This is because the statute of limitations begins running on the last day you worked in direct contact with asbestos. It is possible to file a lawsuit before the statute of limitations expires. However, this is rare. Most cases are filed within the allotted time period.

There are two main types of lawsuits that you can file: personal injury claims and wrongful death claims.

Personal Injury Claims

A personal injury claim is one brought by a person who suffered bodily harm. For instance, if you inhaled asbestos dust, you may suffer lung damage and develop mesothelioma.

You may be eligible to recover medical expenses, lost wages, pain and suffering, and emotional distress.

Wrongful Death Claims

A wrongful death claim is one brought by the estate of a deceased victim. For instance, if your father died from mesothelioma, his estate may bring a wrongful death claim against the company that sold him asbestos-containing products.

The estate may seek compensation for funeral costs, lost earnings, and emotional distress.

Who Is Eligible to File a Mesothelioma Claim in Maryland?

In Maryland, mesothelioma claims are filed under the Workers' Compensation Act. If you were exposed to asbestos and developed mesothelioma, you may be eligible to file a claim.

However, you must first determine whether you qualify as a claimant. To qualify, you must have been employed in one of the following industries:

  • Construction
  • Manufacturing
  • Mining
  • Shipbuilding
  • Transportation
  • Utilities
  • Wholesale trade
  • Other miscellaneous employment

There are several requirements that must be met before filing a claim.

  1. One must have worked in the above-listed industries for at least 1 year.
  2. One must have been diagnosed with mesothelioma within 2 years of leaving the job.
  3. One must have had symptoms of mesothelioma prior to diagnosis.
  4. One must have died from mesothelioma or another related illness.
  5. One must have been exposed to asbestos.
  6. One must have been working in the same occupation as the person responsible for exposing you to asbestos.
  7. One must have been injured due to exposure to asbestos.
  8. One must have received medical treatment for mesothelioma and/or other injuries sustained from exposure to asbestos.
  9. One must have been unable to return to work due to the injury.
  10. One must have been receiving benefits from the employer at the time of death.

If you believe you qualify as a claimant, contact our office for information regarding filing a claim.

What Types of Mesothelioma Compensation Are Available?

There are two types of mesothelioma compensation available: lump sum payments and lifetime annuity payments.

Lump sum payments are paid immediately after filing a claim. They are usually based on the total amount of damages suffered by the victim.

Lifetime annuity payments are paid over the course of the claimant's lifetime. They are tax-free and provide a steady stream of income for the rest of the claimant's life.

It is important to consult with a qualified attorney to determine whether you qualify for mesothelioma compensation.

Contact a Mesothelioma Lawyer in Maryland

The experienced Maryland mesothelioma attorneys at Maryland Injury Guys can advise patients regarding treatment options and provide legal assistance. In addition to guidance on whether to file a lawsuit against manufacturers of asbestos products or a negligent third party.

Our attorneys have extensive knowledge about mesothelioma law and treatment. Contact today to learn more about your legal rights.

 

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Aaron Blank Esq
Date Published: July 19, 2022
Aaron Blank is a patient safety advocate who holds the healthcare system responsible when it fails. He keeps businesses accountable if they choose profits over the safety of the community, and he ensures car insurance companies pay their fair share for the harm that reckless drivers cause. Aaron and his proficient legal team bring an approach based on dedication, guidance, and compassion through the difficult process of pursuing serious injury claims. He has dedicated his career to fighting for injury victims to recover losses from medical expenses, lost income, loss of enjoyment of life, or the loss of a loved one.
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This website is by Blank Kim P.C. d/b/a Maryland Injury Guys. We have offices throughout Maryland with attorneys licensed to practice law in the state of  Maryland. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel to prosecute cases. This website has not been approved by the Court of Appeals of Maryland or the Maryland State Bar. Cases may be co-counselled or referred to other firms for litigation.
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