Looking for a Michigan Mesothelioma Lawyer?
Should you hire one?
What are the essential elements you should know!
In this article, I will break down the function of a Michigan Mesothelioma Lawyer so you know all there is to know about it!
Keep reading as we have gathered exactly the information that you need!
Let’s see what a Michigan mesothelioma attorney does and why it’s important!
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Table of Contents
What Does A Michigan Mesothelioma Lawyer Do
A Michigan mesothelioma lawyer is a legal professional specialized in dealing with legal claims and disputes relating to mesothelioma developed following asbestos exposure by Michigan residents.
There are many mesothelioma lawsuits filed in the state of Michigan over the past years putting the state among the top states in the U.S. where the most mesothelioma claims are filed.
A mesothelioma lawyer will work with the victim of asbestos exposure to seek compensation against companies and organizations whose negligence resulted in the victim’s illness.
On the flip side, companies and organizations sued by a plaintiff or against whom a claim is filed will want to work with an attorney specialized in mesothelioma disputes to defending them against the legal action.
A mesothelioma attorney in Michigan understands the laws applicable to mesothelioma claims, knows how person injury lawsuits work, has experience in dealing with such lawsuits or claims, understands the related medical jargon, and is able to work with clients to get fair compensation for their injuries.
In Michigan, there are laws particular laws, regulations, and case laws that all mesothelioma attorneys should know, such as:
- The Michigan Supreme Court Administrative Order 2006-6 where it is indicating that the parties cannot consolidate various asbestos claims and where each case should be assessed based on its unique facts
- Michigan House Bill 5851 stipulates that a civil lawsuit plaintiff must show “actual” harm when filing an asbestos or silicosis lawsuit
- Further to the Judicature Act of 1961, Chapter 600, there are limits to successor liability in cases of mergers and acquisitions
Should You Hire A Michigan Mesothelioma Lawyer
A question that comes quite often is whether or not you should hire a mesothelioma lawyer Michigan to provide you with legal assistance?
The fact is that you don’t have any obligation to hire a lawyer nor will it be necessary for all types of claims.
There are instances when the factual circumstances of the case may be simple that a victim may consider driving the legal claim by himself or herself.
In other cases, a plaintiff may choose to handle the case on his or her own as the value of the claim is small enough that it does not justify hiring a lawyer.
However, there are many cases where there may be a true advantage and benefit in hiring a lawyer.
Particularly for mesothelioma-type of actions, considering the victim’s diagnosis will require important treatment, follow-ups, and recovery, going through the physical treatment process and handling a legal action may not be physically or mentally possible.
As such, hiring an attorney will not only help the victim focus on treating the illness but also allow a legal professional to drive the case and deal with sophisticated defendants.
Michigan mesothelioma lawyers can:
- Assess the nature of your case to determine fault
- Help calculate or assess the amount of damages you may claim
- They can help you build your case and gather all the evidence you need for your claim
- Your attorney can speak to doctors and medical professionals to get all the necessary information and medical evidence you need for your case
- He or she will deal with sophisticated insurance companies to negotiate a settlement for you
- If a lawsuit is filed, your lawyer will deal with the legal procedures and technicalities
If you are wondering whether or not you should hire mesothelioma attorneys in Michigan, you may want to contact a few and get a consultation from them so you can make that decision (most lawyers give a free consultation to initially evaluate your case).
How To Choose The Right Mesothelioma Attorney or Law Firm in Michigan
Choosing the right lawyer or law firm can make a big difference in mesothelioma cases.
Although mesothelioma lawsuits fall under the “personal injury” category of claims and lawsuits, these types of claims are quite unique and much different than a “standard” personal injury case.
Major companies in the automotive sector, steel, construction, or other industries that have been sued in the past for mesothelioma have a lot of experience in defending against such claims.
As a result, if you want to put all the chances on your side to win your case, get a good settlement, or verdict, you also need to deal with lawyers and law firms that have gone against these sophisticated defendants.
Here are some factors to consider when choosing your mesothelioma law firm or attorney:
- Does the lawyer have personal experience in dealing with mesothelioma lawsuits
- Does the law firm for whom the lawyer works specialize in asbestos-related claims and mesothelioma
- Does the law firm have a national presence allowing you to file your claim in the best state where you qualify to file your lawsuit
- How many years has the attorney been dealing with mesothelioma claims
- Does the attorney have a solid and proven track record of getting settlements
- Will the same attorney represent you or delegate your case to more junior staff
- Do you feel that you can trust this attorney
- Is the attorney a go-getter and will want to fight for you
Some of these questions can be answered objectively like by looking up the attorney online, reading reviews, and doing some research.
However, some of the other questions are more subjective and based on how you feel about the attorney.
Do you think you can trust this attorney to file a lawsuit for you and fight for you all the way to the end or do you feel you are in good hands?
Choosing a lawyer comes down to the attorney’s experience in dealing with mesothelioma personal injury cases, their track record in getting settlements for their clients, their fees, and if you feel you can work with the person throughout the legal procedures.
Can Experienced Mesothelioma Attorneys Get A Fair Compensation
A question that may be someone difficult to answer is if experienced mesothelioma lawyers can get compensation for your injuries.
Every case is unique and there’s no scientific method of accurately predicting the outcome of a case.
However, a lawyer with experience in dealing with lawsuits and claims related to mesothelioma may have the “eye” to identify various factors that can suggest whether or not you have a case.
In the same way that a cardiologist will have deep knowledge in treating your hearts as opposed to a brain surgeon, a mesothelioma lawyer will have deeper knowledge in assessing the merits of a mesothelioma case than other lawyers.
It’s safe to say that by working with a knowledgeable attorney, you can increase your chances in getting a settlement or a verdict (although there’s no guarantee), as the lawyer will:
- Thoroughly investigate your claim
- Gather the right evidence to support your allegations
- Get experts involved to provide expert opinions and analysis to support your legal theory
- Will evaluate the possible amount you may be able to claim by filing a lawsuit
- Can determine where to file your claim to get the best possible chances of getting compensated
- Understand the medical lingo when dealing with mesothelioma lawsuits
- Understand the legal strategies that major companies and organizations deploy to escape legal liability
- Understand the Michigan laws and legal procedures to take the right steps and the right time
As you can see, there may be many benefits in working with a qualified Michigan mesothelioma attorney to drive your case.
The decision is ultimately yours to make.
Who Can File A Mesothelioma Claim in Michigan
There are many individuals who may be eligible to file a mesothelioma claim in the state of Michigan.
In essence, if a person has been injured or harmed due to or proximately caused by asbestos exposure, he or she may file a mesothelioma claim.
Victims who have been diagnosed with a malignant form of injury will generally file file a lawsuit against the at-fault party (or parties), file a claim with an asbestos trust fund, or file other types of claims that may be available.
Victims of nonmalignant injuries caused by asbestos may also file a claim for their damages.
Conditions like pleural thickening, interstitial pneumonitis, or other nonmalignant forms of injuries can result in respiratory illnesses affecting a person’s life and causing damages.
Finally, if the victim diagnosed with mesothelioma passes away, the deceased victim’s family or legal representatives may be eligible to file a wrongful death lawsuit against the responsible organizations.
For example, in Michigan, many lawsuits were filed by:
- Individuals working in the steel industry
- Employees working in the automotive industry
- Construction workers exposed to asbestos through insulation products and building materials
- Mechanics manipulating car parts containing asbestos
Common Industries And Jobs Associated With Mesothelioma
There are certain industries where millions of workers, employees, and staff have been exposed to asbestos over the years.
Here is a list of the common industries in Michigan where asbestos-related claims have been filed:
- Automobile manufacturers
- Automobile suppliers
- Navy shipyards
- Mining and milling industries
- Asbestos textile manufacturing
- Construction industry
- Power plants
- Manufacturing plants
Also, according to OSHA, there are more than 75 different types of jobs where it has been reported that the employees have been exposed to asbestos, such as:
- Asbestos workers
- Automobile & truck mechanics
- Chemical and petroleum workers
- Concrete workers
- Construction contractors
- Drywall finishers
- Electric and gas utility workers
- Fabricated plate workers
- Floor coverings
- Insulation workers
- Locomotive and train repairmen
- Maintenance employees
- Oil field workers
- Papermill workers
- Power station operators
- Sailors and ship workers
- Shipyard workers
- Steel erectors
What Is Asbestos And Mesothelioma
Asbestos is a naturally occurring mineral that are made of long fibers.
Asbestos is used in a wide range of products such as heating insulation, pipe insulation, automobile brake pads, shingles, roofing products, fire-proof vests, and more.
When the asbestos fibers are released into the air, those who breathe asbestos fibers may get infected in their lungs and in their respiratory system.
Over time, the asbestos infection can result in mesothelioma and other deadly forms of cancer to the victims.
In some cases, the victims will not see any symptoms of asbestos injury for years.
Also, it may also be difficult to diagnose mesothelioma at the right time as the victims will generally complain about chest pain or may have chronic coughing.
If you have worked in an industry that used asbestos, worked on a job exposing you to asbestos, or used products containing asbestos and you develop mesothelioma, there is a high chance that it’s due to your asbestos exposure.
The protective linings that we have in our body are called the mesothelium.
When someone contracts mesothelioma, the cancer cells will attack the protective linings on your organs.
In such a case, you should consult with a mesothelioma lawyer to assess your case, determine if there’s a party who may be liable for your injuries, and see how much compensation you can get.
Statute of Limitations For Mesothelioma Lawsuits In Michigan
An important element you should keep in mind is that if you are considering filing a claim or lawsuit, you must do so within the legal deadline afforded under Michigan laws.
Every state has laws that define the time period within which a lawsuit or claim can be filed (these laws are called the statute of limitations laws).
In the state of Michigan, you can file a personal injury lawsuit within three years from the moment you were injured.
There are certain exceptions to the statute of limitations rule.
If the victim only discovers the injury years (if not decades) after the injury, then the law will allow the victim to file the mesothelioma lawsuit within three years from the diagnosis as opposed to the injury.
The rationale behind this is that prior to the mesothelioma diagnosis, the victim is not aware of the fact that he or she has suffered an injury due to asbestos exposure.
If the victim has passed away and the surviving family intends to file a wrongful death lawsuit, the statute of limitations for that in Michigan is also three years.
In essence, it’s important that you call an experienced mesothelioma attorney licensed to practice in Michigan so you can get exact legal guidance on your case and how long you have to file a claim.
Every case is unique and the facts of the case are different and only a qualified attorney can give legal advice on the applicable laws to your case and establish the deadline you have to file your lawsuit.
Michigan Mesothelioma Statistics
Here are some interesting statistics with regards to mesothelioma claims in the state of Michigan:
- Michigan is among the top 15 states in the US with the most mesothelioma claims
- In 2020, there were more than 110 asbestos cases just in Wayne County, Michigan
- Between 1999 and 2017, 2,569 deaths were reported due to asbestosis and mesothelioma
- Between 1999 and 2017, there were 10,188 deaths related to asbestos
- The largest number of deaths reported was in Wayne County followed by Oakland County, Macomb County Kent, Saginaw County, and Genesee County
- A mesothelioma cancer diagnosis has a 10% survival rate over a period of five years
According to the Centers for Disease Control and Prevention, 45,221 deaths were reported due to a malignant form of mesothelioma between 1999 and 2015 where 2,597 deaths were reported in 2015 alone.
Asbestos is generally not banned in the United States but there are many laws and statutes designed to protect individuals and consumers from its exposure.
Mesothelioma is a rare form of cancer that is commonly caused by exposure to asbestos.
Aside from a mesothelioma diagnosis, asbestos exposure can also lead to the following conditions:
- Lung cancer
- Pleural mesothelioma
- Peritoneal mesothelioma
- Pericardial mesothelioma
There are many types of jobs where workers have been exposed to asbestos such as:
- Military workers
- Construction workers
- Shipyard workers
- Pipefitting workers
- Automotive industry workers
- Steel industry workers
Michigan Mesothelioma Lawyers Takeaways
So there you have it folks!
Are you looking for a Michigan mesothelioma attorney?
Is it necessary to hire one?
What can an attorney do for you?
These are great questions that I have tried to answer in this article.
Mesothelioma is a rare form of cancer illness that is generally developed following asbestos exposure.
For a long time, it has been established that asbestos exposure can be deadly leading to serious cancer and illnesses for the victims.
However, there are many companies that simply ignore the dangers of asbestos exposure and do not sufficiently protect their employees, clients, or others exposed to their products.
Selecting the best mesothelioma lawyer to represent you to file a claim can be an important decision that you may need to make.
When dealing with mesothelioma-type claims, it’s best that you choose a law firm or attorney who has direct experience in dealing with mesothelioma claims and who has a proven track record in getting verdicts or settlements.
The top mesothelioma attorneys are well versed and experienced in:
- Evaluating the merits of your case
- Dealing with the complexities of mesothelioma medical aspects
- Are capable of building a solid case with credible evidence to support your allegations
- Have experience in litigation and dealing with discoveries, interrogatories, hearings, trials, and other technical aspects of a legal proceeding
- Have the capacity in dealing with sophisticated defendants and insurance companies
If you or your loved one has been diagnosed with mesothelioma, it’s important that you contact an experienced attorney near you to get advice on your rights and options.
You should get in touch with an attorney as soon as possible to ensure you do not lose your legal rights to file a lawsuit due to the expiration of the statute of limitations delays.
I hope that I was able to equip you with further knowledge and information that you need to determine if you should hire a mesothelioma lawyer in Michigan, how they can help you, and why it may be beneficial.
Now, let’s look at a summary of our findings.
Michigan Mesothelioma Attorneys Overview
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