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What Precisely is Mesothelioma and Is It Common in California?
Malignant mesothelioma is a specific type of cancer that affects the mesothelium of the body. This mesothelium is a tissue layer covering most of your internal organs.
It most commonly affects the tissue surrounding the lungs and is a deadly and aggressive form of cancer. In malignant mesothelioma cases, there is no cure; there are only measures that may extend your life.
Sadly, no state in the U.S. has had more people die from asbestos-related diseases, such as mesothelioma, than California.
Statistics show us that in the approximately ten years before 2010, more than 3,000 people died from mesothelioma in California.
Many of the victims of mesothelioma in California contracted this deadly disease while using baby powder, cosmetics or working in naval shipyards. However, California has many industrial facilities up and down the state, such as navy ships, maritime ships, oil refineries, manufacturing plants, and more, that use asbestos materials, which are one of the leading causes of this disease.
So, for example, Pleural mesothelioma, which affects the tissue around the lungs, has the following signs and symptoms:
- Extreme shortness of breath.
- Varying degrees of chest pain.
- Painful cough and unexplained weight loss.
- Unusual lumps under the skin in the chest area, and many more.
This is a debilitating and eventually deadly disease, and treatment, palliative care, and more can be extremely costly. However, due to the disease’s history, billions of dollars have been set aside to cover these costs for mesothelioma victims, and your skilled and knowledgeable mesothelioma lawyer will work diligently and tirelessly to get you the total compensation you deserve. Compensation may go way beyond what your health and even life insurance may provide.
Will My Life Insurance Policy Cover a Death Due to Cancer?
Every year, in the U.S., more than 1.9 million people receive a cancer diagnosis. Also, more than 900,000 people die yearly from the disease. Cancer now ranks as the second most common cause of death. Therefore, when you’re choosing a life insurance policy, you must be sure that it will cover the extreme costs of treating any form of cancer, especially that of mesothelioma.
The good news is that most of the time, cancer-related deaths fall under your life insurance umbrella and are covered. Most insurance policies, including term or whole life, cover most all-natural causes of death, including most cases of mesothelioma.
Therefore, unless you make a significant misrepresentation when applying for a new policy, cancer is regarded as a natural cause of death. Thus, your family and policy beneficiaries receive your life insurance benefits.
There are caveats; for example, you may need to notify the insurance provider if you are diagnosed with cancer shortly after purchasing your policy and avoid the possibility of your death benefit being denied.
Usually, if this occurs, the life insurance company will confirm all the medical details before deciding whether to adjust your premiums or deny your policy.
Always remember that insurance companies make enormous amounts of money by not paying claims or paying less than the total amount. So, in a situation where they can show any material misrepresentation (or non-payment or missed premiums), they will deny your death benefit or have it severely reduced.
In mesothelioma cases, your caring, experienced, and diligent lawyer will fight the insurance company if needed, so your beneficiaries obtain the total amount they rightfully deserve.
Are There Different Types of Mesothelioma Claims?
The simple answer is yes, there are. Essentially, there are three main types of mesothelioma claims: veterans administration claims, lawsuits and asbestos trust fund claims.
U.S. veterans with mesothelioma are also eligible for benefits from the U.S. Department of Veterans Affairs (or VA). These vets can receive compensation for medical bills, treatment costs, and other disease-related expenses.
Claims are readily available if you develop mesothelioma after asbestos exposure, either at work or in other ways. After your highly trained mesothelioma lawyer comprehensively analyzes your case, you may be able to seek compensation using multiple claim types.
Your mesothelioma lawyer may file a specific personal injury lawsuit on your behalf due to your asbestos-related disease.
These lawsuits are filed against companies directly (or sometimes indirectly) responsible for exposing your clients to asbestos.
It’s vital to note that asbestos exposure can occur in many ways, including:
- From your family home – through family members who worked with asbestos, baby powders, talcum powders, foot powders, and cosmetics.
- At your home, school, or other public buildings – Many homes, schools, and other public buildings built before 1980 had asbestos-containing construction products.
- At your workplace – Many workers have experienced occupational asbestos exposure at their job sites while working with asbestos and asbestos-containing materials.
The list goes on, and many of these cases are filed as wrongful death lawsuits on behalf of deceased mesothelioma victims and for the benefit of their families.
Your well-versed mesothelioma lawyer may file against asbestos bankruptcy trust fund claims on behalf of the asbestos victims and their loved ones and families. These trusts were set up and created by asbestos-using companies specifically for this purpose and contain billions of dollars that, with the skilled help of your mesothelioma lawyer, can be allocated to you (as the victim of this disease) and for the financial stability of your family’s future.
What is California Senate Bill SB 447 and Why Is It Important in My Mesothelioma Case?
Although not explicitly written for mesothelioma cases, the non-economic damages referred to in Senate Bill No. 447 are used in many types of personal injury cases. When awarded, these damages can benefit mesothelioma victims and their families.
That said, when a mesothelioma victim is injured by another party’s negligent actions, such as the company or manufacturer, that exposes them to asbestos, they usually will suffer significant physical and emotional pain and anguish. Therefore, under California law, as a mesothelioma victim, you (and your family and heirs) may be eligible to recover damages for pain and suffering in a mesothelioma lawsuit.
Pain and suffering can devastate a family, and although mere money may not solve the underlying issue, it certainly will help with the financial havoc this disease inflicts on you and your family.
Thus, this recent amendment includes your surviving family in the case and fully allows them to collect those damages on your behalf, even after you’ve passed on.
This amendment effectively prevents the defendant (the asbestos manufacturer or other company) from deliberately prolonging this possibly lengthy legal process in hopes that you die before a settlement can be finalized.
You should also note that people can suffer pain and other intangible harms which jurors have decided are worth tens of millions of dollars.
Mesothelioma patients and their families are fully aware of the day-to-day suffering that these victims must bear. However, many times, mesothelioma is frequently diagnosed in the last stages of this horrible disease. So, sadly, the family realizes that when they file a mesothelioma lawsuit, there is a distinct possibility that their loved one, living with the disease, will not survive to see a settlement finalized.
For decades, many families did not obtain their rightful and deserved compensation for the pain and suffering they endured due to the death of their loved one from mesothelioma, which effectively ended the case.
But now, that’s changed, and in the proper professional hands, at the least, your loved one will know that when they are gone, their family will get the money needed to move on successfully with their lives.
I Have Been Diagnosed with Mesothelioma and Concerned About My Life Insurance and More; How Should I Proceed?
Mesothelioma is a dreadful disease for which there is no cure; however, due to the negligence of companies, whose negligence in handling and warning of the dangers of asbestos, billions of dollars have been set aside to compensate deserving victims and their families. However, these cases are usually complex to litigate, and the help of a skilled, focused, and knowledgeable mesothelioma lawyer is mandatory.
The Frost Law Firm comprises skilled and highly experienced mesothelioma lawyers who have the resources and will give you the personal attention these cases demand.
Call them today at (866)-FROSTWINS for a free consultation on your case and receive the empathetic, professional, and profoundly personal attention you and your family deserve.
