Phoenix Mesothelioma Attorney

Mesothelioma is a rare, but deadly cancer that forms in the thin tissue that lines many internal organs. According to the CDC, most cases of mesothelioma are caused by exposure to asbestos. If you or a loved one have been diagnosed with mesothelioma, you may be eligible for compensation. At The Entrekin Law Firm, we can help. Call our Phoenix mesothelioma attorneys today for a free and confidential case evaluation.

Arizona Mesothelioma Resources

To access resources at any point on this page, please click the links below.

Arizona Asbestos Laws
Risk Factors for Mesothelioma
Types of Mesothelioma
Potential Health Consequences of Mesothelioma
Time Limits for Filling a Claim
Filling a Claim in Arizona
Benefits of Hiring a Phoenix Mesothelioma Lawyer
How Much Does it Cost to Hire an Attorney
Get Legal Help Today

Arizona Asbestos Laws

In 2012, the Arizona legislature passed the Successor Corporation Asbestos-Related Liability Fairness Act in an attempt to change how individuals receive compensation for asbestos-related diseases. 

The Successor Corporation Asbestos-Related Liability Fairness Act applies to successor corporations that merge with or acquire another corporation after January 1, 2008. The law determines the merged corporation’s “fair market value” as of the date of merger. This fair market value is subtracted from the total amount of asbestos liabilities of the merged corporation. The difference is the maximum amount that can be recovered from the successor corporation in an asbestos exposure lawsuit.

The act also sets a three-year statute of limitations for claimants to file an asbestos exposure lawsuit against a successor corporation. This statute of limitations begins to run when the claimant knows or reasonably should have known that his or her injuries were caused by exposure to asbestos.

The Purpose of the Act 

The primary purpose of the act is to ensure that successor corporations are not liable for an unlimited amount of money in asbestos exposure lawsuits. By setting a limit on liability and a statute of limitations, claimants are fairly compensated for their injuries while successor corporations are protected from having to pay an unfair share of damages.

In practice, this law severely limits the amount of compensation mesothelioma victims can receive.

The New Asbestos Law in Arizona

In 2015, Arizona enacted a new law concerning asbestos litigation. The law requires plaintiffs to disclose all personal injury claims related to their asbestos within 45 days of filing a lawsuit, including documentation and proof. This means you can’t file your claim until you have all of your documentation ready and in order.

Your Claim May Not Be Confidential

Under the old law, claims filed with asbestos trusts were confidential. However, the new law removes this confidentiality provision. This means your claim may become part of the public record. Additionally, if you receive any compensation from an asbestos trust, the amount you receive will be subtracted from your final judgment.  

Risk Factors for Mesothelioma

While not all individuals exposed to asbestos develop mesothelioma, there are certain risk factors that substantially increase the likelihood of related injury.

The risk factors for mesothelioma include:

• Exposure to asbestos at work
• Living with a person who is exposed to asbestos at work
• Living, being educated, or working within a building where materials containing asbestos have been disturbed
• Living in an area that has natural asbestos deposits, mines, or factories

Types of Mesothelioma

As previously mentioned, mesothelioma affects the thin tissues of internal organs. The most common types affect the lungs, known as pleural mesothelioma, and the abdomen, known as peritoneal mesothelioma.

Symptoms of pleural mesothelioma include:

• Pain in the chest, usually under the rib cage
• Shortness of breath
• Lumps under the skin on the chest
• Tiredness and fatigue
• Unexplainable weight loss

Symptoms of peritoneal mesothelioma conclude:

• Abdominal pain and/or swelling
• Nausea
• Unexplained weight loss

No matter where it manifests, malignant mesothelioma is an aggressive, deadly cancer. While there is no cure, treatments can extend the lives of those who have been diagnosed.

Potential Health Consequences of Mesothelioma

Mesothelioma is a rare and aggressive cancer that is almost always caused by exposure to asbestos. It can take decades for symptoms to develop, which is why most people are diagnosed at an advanced stage. There is no cure for mesothelioma, and treatment options are limited.

There are three primary types of mesothelioma: pleural, peritoneal, and pericardial. Pleural mesothelioma is the most common. It affects the lining of the lungs and can cause symptoms such as shortness of breath and chest pain. Peritoneal mesothelioma affects the lining of the abdomen and can cause abdominal pain and swelling. Pericardial mesothelioma affects the lining around the heart and can cause chest pain and irregular heartbeats.

Mesothelioma is difficult to diagnose because its symptoms are similar to those of other diseases such as pneumonia or lung cancer. There is not a test that can definitively diagnose mesothelioma. Instead, doctors must use a combination of tests including imaging scans, biopsies, and blood tests. If you have been exposed to asbestos, it is important to talk to your doctor about the potential risks so that you can be sure to get the proper testing. 

Time Limits for Filing a Claim

You are only able to bring a claim for compensation for injuries within a set period of time known as the statute of limitations, which is basically an expiration date for your ability to file. When the cause of your injury is unknown, the statute of limitations does not begin until the cause is known, which is helpful in cases like mesothelioma where symptoms can take years to develop and even more for the cause of them to be discovered.

Filing a Claim in Arizona

To file a successful mesothelioma claim in Arizona, there are certain criteria that must be met and there is information you need to know.

Must Meet Medical Criteria

To have a successful mesothelioma claim in Arizona, you must be able to show that your condition has resulted in significant impairment.

For example, you are diagnosed with pleural plaques, which are a common asbestos-related condition, you will not be able to file a claim since this diagnosis alone does not result in significant impairment. Instead, you would need to show that the pleural plaques have developed into a more serious condition, such as mesothelioma, before you would be eligible to file a claim.

Be Aware of The Right of Contribution

If a patient has an asbestos-related disease, it is possible to sue more than one manufacturer if more than one is liable. The responsibility for damages will be shared between them. 

There Must Be Primary Exposure

Unfortunately, Arizona is one of a handful of states that have ruled that manufacturers of asbestos-containing products cannot be held liable for diseases caused by secondary exposure. Secondary exposure occurs when people are exposed to asbestos fibers that have been brought home on the clothing or hair of a primary exposure victim. This means that many people who have been exposed to asbestos through no fault of their own may have little recourse if they develop an asbestos-related disease.

Benefits of Hiring a Phoenix Mesothelioma Lawyer

A Phoenix personal injury lawyer can be a valuable asset if you or a loved one has been diagnosed with mesothelioma. Here are some of the primary benefits of hiring a lawyer to help you with your mesothelioma claim. 

•  A Mesothelioma Lawyer Has Experience with Asbestos Cases

A good lawyer will have experience specifically with asbestos exposure cases. This means that they will know how to investigate your case and build a strong argument on your behalf. They will also be familiar with the unique challenges that come with these types of cases. 

For example, because asbestos exposure often occurs many years before symptoms appear, it can be difficult to prove that your exposure was the cause of your disease. A good lawyer will know how to overcome these challenges and build a strong case for you.

• A Mesothelioma Lawyer Has Resources Available to Help Your Case

A quality lawyer will have access to resources that can help build your case, such as expert witnesses and support staff 

•  A Mesothelioma lawyer Can Help You Get the Compensation You Deserve

If you’ve been diagnosed with mesothelioma, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. However, actually getting this compensation can be difficult. The right lawyer will know if you need to file a lawsuit or try to obtain compensation through a fund.

How Much Does it Cost to Hire an Attorney?

Most lawyers who handle mesothelioma claims work on a contingency basis, which means they will only get paid if you win your case. The contingency fee is typically a percentage of the total amount of money you are awarded. For example, if you are awarded $1 million and your lawyer’s contingency fee is 33%, then the lawyer would receive $333,000 as their fee.

Connect with a Phoenix Mesothelioma Lawyer to Discuss Your Case

Mesothelioma is a condition that has affected hundreds of thousands of Americans over the years and a diagnosis can be devastating for families. However, there are options for patients and their families to recover compensation from the companies that exposed them to the asbestos that caused their illness. These include:

Asbestos bankruptcy trust claims – more than $30 billion has been set aside across more than 60 trust funds to compensate victims who can prove that exposure to the company’s products led to their mesothelioma diagnosis.

Personal injury claims – A Phoenix personal injury claim may be filed when a person has been wrongfully exposed to asbestos. This is common in occupational exposure.

Wrongful death claims – Certain surviving family members can file a wrongful death claim in Phoenix after a loved one passes away as a result of an asbestos-related illness.

In all of these cases, it is important to work with an experienced attorney as mesothelioma cases can be complex and expensive to litigate. At The Entrekin Law Firm, our attorneys can help. Reach out today for a free and confidential case evaluation.