Mesothelioma Lawsuit After Death

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After Death Mesothelioma Claims | Family Members and Victims’ Rights

Thousands of companies have had to defend themselves from asbestos lawsuits. Some of these cases were brought by the family of a person who was diagnosed with mesothelioma or an asbestos-related illness, and passed away either before or during a lawsuit. People who are close enough to the deceased can file a wrongful death claim, provided they meet certain criteria.

An experienced attorney will educate you about your right to resubmit your lawsuit as a wrongful death suit. The laws for this process differ between states.

Wrongful Death Lawsuits: Statutes of Limitations

Time is of the essence when it comes to wrongful death lawsuits related to asbestos. Generally speaking, you have one to three years to make your asbestos claim. The amount of time you have to file depends on the state where you will file your claim.

Kazan Law’s History of Winning Wrongful Death Suits

In 2014 Kazan Law was recognized for obtaining the largest wrongful death jury verdict in all of California.. Representing Emily Bankhead, Tammy Bankhead, and Debbie Bankhead-Meiers, the widow and adult daughters of Gordon Bankhead, Kazan Law partner David McClain led our team to an $11.3 million verdict on behalf of the family. The defendant, Pneumo Abex, routinely exposed Mr. Bankhead to asbestos-containing brakes.

After Death Mesothelioma Claims: Who Can File a Wrongful Death Lawsuit?

Certain criteria must be met and the death itself needs to be the result of negligence or a wrongful act to file a wrongful death suit.

The ability to seek compensation for the death of an individual has evolved over time. In the past when a person was murdered or died at the hands of someone else’s negligence or wrongful act, you could not sue for damages. It was actually cheaer for the guilty party financially if the victim died as a result of the injuries, rather than having to pay for lifetime medical bills, lost wages, and pain and suffering compensation.

Seeing this problem with old law, governments established the right for people to sue for compensation as a result of a wrongful death. But the people who could bring the suit forward had to be close enough to the deceased that it made sense. An acquaintance or long lost cousin could not come forward and claim they deserved compensation for the death of a person they barely knew.

Legally speaking, you need to be eligible to file your suit. This is called “standing.” Below are some examples of the types of relationships that may permit a wrongful death suit.

– Husbands, wives, children (including adopted or step), mothers and fathers, sisters or brothers

– Grandparents are also included

– People who are financially dependent on the deceased (This varies by states. In California you need to be at least half financially dependent)

Asbestos companies knew long ago that the substance could lead to death and sickness. Exposing their employees or customers to asbestos can qualify as negligence or a wrongful act.

If you are an immediate family member or financially dependent on a person who has died from asbestos, you should talk with an experienced attorney about filing a wrongful death suit.

The Asbestos, Wrongful Death Lawsuit Process

In all asbestos-related cases, a good lawyer will conduct extensive research. This often starts with interviews with the potential plaintiff. We have our own team of investigators who are experienced in asbestos and have a comprehensive resource database. Kazan Law is aware of almost every company that has used asbestos, enabling our research process to be fast, efficient and accurate. Only at the conclusion of our research will we make an official legal recommendation on what you should do.

If we conclude that you should file a lawsuit and seek damages, we will file the claim. Determining which state to file in is not always straightforward. Generally the claim is filed where the asbestos victim lives or was exposed to asbestos. If there is another state where you could file the case and achieve better results, that state may be chosen.

Discovery is the next part of the lawsuit process. This where your attorney works to build the best case possible. He or she will depose the defendants and gather information about your work history, personal and medical history.

Defendants and their attorneys will make efforts to get the lawsuit dismissed before there is ever a trial. They may also attempt to lowball you on a settlement. Having one of Kazan Law’s experienced attorneys for the negotiation process will guarantee you get the compensation you deserve. Roughly 95% of mesothelioma and asbestos cases will end in settlements. The amount you receive is likely going to be the most significant financial event of your life. So it’s very important to carefully select the right law firm. Our mesothelioma law firm has secured multi-million dollar settlements and verdicts for our clients.

To see what legal options you have regarding a wrongful death lawsuit related to asbestos exposure, contact Kazan Law for a free consultation.

How a Wrongful Death Lawsuit Works

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How a Wrongful Death Lawsuit Works

A wrongful death claim is a special kind of personal injury lawsuit made when someone is killed due to another party’s negligence or intentional act.

Wrongful death claims are brought against a defendant who has caused someone’s death either negligently or through intentional harm. Wrongful death claims allow the estate of the deceased person to file a lawsuit against the party who is legally liable for the death. The suit is usually filed by a representatative of the estate, on behalf of surviving family members and other affected parties.

When Is a Wrongful Death Claim Applicable?

A wrongful death claim is applicable when a victim who would otherwise have a personal injury claim is killed as a result of either negligence or an intentional harmful act on the part of the defendant. This can occur in a variety of situations, including:

When a victim is intentionally killed. For example, OJ Simpson was sued for wrongful death for the murders of Nicole Brown Simpson and Ronald Goldman. The case was based on an intentional act.

When a victim dies as a result of medical malpractice. If a doctor failed to diagnose a condition, or if the doctor was careless in the level of care provided, and death resulted, then a wrongful death action can be brought against the doctor.

Car accident fatalities involving negligence. If a victim dies as a result of car accident injuries, a wrongful death claim may be brought.

These are just a few examples of personal injury cases that can turn into wrongful death claims. A wrongful death claim can stem from almost any kind of personal injury situation, although one notable exception exists for work injuries that result in death, which usually must be handled exclusively through the worker’s compensation system.

What Must Be Proven?

In order to hold the defendant liable in a wrongful death claim, the plaintiffs in the claim (usually through the estate of the deceased victim) must meet the same burden of proof that the victim would have had to meet had the victim lived. So, using negligence as an example, this means showing that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.

See How to Prove Fault for a Wrongful Death Claim for more on the legal elements you’ll need to make your case.

Who Can File a Wrongful Death Claim?

A wrongful death claim is usually filed by a representative of the estate of the deceased victim, on behalf of survivors who had a relationship with the victim. Exactly who those survivors can be varies from state to state.

In all states, a spouse may bring a wrongful death action on behalf of his or her deceased spouse. Parents of minors may also bring a wrongful death action if one of their children is killed, and minors can collect compensation for the death of their parents. Where states start to disagree is whether parents of adult children can sue, whether adult children can sue for wrongful death of their parents, whether grown siblings can sue for wrongful death, or whether extended relatives like cousins, aunts, uncles, or grandparents can sue. Usually, the more distant the familial relationship is, the harder it will be to show that you should be allowed to collect wrongful death damages.

In some states, the life partner of the deceased may bring a wrongful death claim, as can anyone who can show financial dependence on the deceased.

Learn more in our article on Who Can File a Wrongful Death Lawsuit?

Wrongful Death Damages

Damages in a wrongful death claim — categories of losses for which a survivor might be able to receive compensation — include:

– the deceased person’s pre-death pain and suffering – called a survival claim in a wrongful death case.

– the medical costs that the deceased victim incurred as a result of the injury prior to death

– funeral and burial costs

– loss of the deceased person’s expected income

– loss of any inheritance as a result of the death

– value of the services that the deceased would have provided

– loss of care, guidance, and nurturing that the deceased would have provided

– loss of love and companionship, and

– loss of consortium.

Personal Injury Claims

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Personal Injury Claims: When You Need a Lawyer

For certain personal injury claims — such as those for severe injuries, malpractice, or toxic exposure — you’ll want to consult a lawyer.

Sometimes, the skills of an experienced personal injury lawyer — or at least the threat to an insurance company that such a lawyer may present — are worth the money you must pay that lawyer to represent you. You may need a lawyer because of complex legal rules involved in your particular claim, or because the severity of your injuries might cause your compensation to vary greatly from the norm — or simply because an insurance company refuses to settle a matter in good faith. The following types of injuries and accidents almost certainly require a lawyer’s help.

Severe Injuries

The amount of your accident compensation is mostly determined by how severe your injuries were. And the severity of your injuries is measured by the amount of your medical bills, the type of injuries you have, and the length of time it takes for you to recover. As the amount of your potential compensation increases, the range within which that compensation may fall becomes wider. In such cases, it may be worth the expense to have a lawyer handle your claim and make sure you receive compensation at the highest end of the range.

Medical Malpractice

If you have suffered an injury or illness due to careless, unprofessional, or incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or other medical provider, both the medical questions and the legal rules involved are complex. They almost certainly require that you hire a lawyer experienced in medical malpractice cases. See Nolo’s section on Medical Malpractice for more detail on these complicated cases.

Toxic Exposure

In the increasingly chemical world, we sometimes become ill because of exposure to contaminants in the air, soil, or water, in products, or in food. Claims based on such exposure are difficult to prove, however, and often require complex scientific data. And because the chemical and other industries have erected a huge wall to protect themselves from legal exposure while they continue to expose us to potentially harmful chemicals, the required evidence is very hard to come by. Get expert help.

When an Insurance Company Refuses to Pay

In some instances, regardless of the nature of your injury or the amount of your medical bills and lost income, you will want to hire a lawyer because an insurance company or government agency simply refuses to make any fair settlement offer at all. In these cases, something — what the lawyer can get minus the fee charged to get it — is better than nothing.

Finding a Good Personal Injury Lawyer

One good way to find a lawyer is to ask friends, acquaintances, or other lawyers for referrals — and then interview the candidates. In addition, Nolo provides a personalized Lawyer Directory with information about each lawyer’s experience, education, and fees, and perhaps most importantly, the lawyer’s general philosophy of practicing law. By using Nolo’s directory you can narrow down candidates before calling them for a phone or face-to-face interview. For more details on locating and selecting a good personal injury lawyer, read Nolo’s article on Finding a Personal Injury Lawyer.

Attorney-at-Law Definition

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attorney-at-law noun

plural attorneys-at-law

Definition of attorney-at-law

: a practitioner in a court of law who is legally qualified to prosecute and defend actions in such court on the retainer of clients

Synonyms for attorney-at-law

Synonyms

advocate, attorney, counsel, counselor (or counsellor), counselor-at-law, lawyer, legal eagle

First Known Use of attorney-at-law
1702, in the meaning defined above

Learn More about attorney-at-law


Dictionary Entries near attorney-at-law

atto-

attorn

attorney

attorney-at-law

attorney general

attosecond

attour

Time Traveler for attorney-at-law
The first known use of attorney-at-law was in 1702

More Definitions for attorney-at-law

attorney-at-law noun

plural attorneys-at-law

Legal Definition of attorney-at-law

: LAWYER

— compare ATTORNEY-IN-FACT

Four Things to Know About Mesothelioma Commercials

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Four Things to Know About Mesothelioma Commercials

A mesothelioma television commercial is often the first introduction most people have to this rare and aggressive cancer caused by exposure to asbestos.

The commercials usually start with: “If you or a loved one was diagnosed with mesothelioma” The information that follows is almost always about reaching a lawyer regarding a potential legal claim.

While these commercials help raise awareness about the disease, they often leave viewers with unanswered questions:

– Can any attorney represent mesothelioma patients?

– What are asbestos trust funds?

– How do mesothelioma lawyers get paid?

– Why do people with mesothelioma have to call now?

Malignant mesothelioma is unique among medical conditions.

It is a deadly cancer caused almost exclusively by manmade asbestos products. Those who manufactured these products and the companies that used them often knew asbestos was toxic to humans, but didn’t warn workers or their families.

Because of the negligence of these companies, those affected by asbestos products seek attorneys who can handle complex asbestos-related cases, which leads to the television advertisements for mesothelioma lawyers across the country.

Can Any Attorney Represent Mesothelioma Patients?

The short answer is no.

Mesothelioma presents unique challenges in the legal sense, even for experienced injury attorneys.

There is no easily identified single act or occurrence immediately evident because exposure to asbestos may have occurred 20, 30 or 40 years before diagnosis, making it difficult to trace.

Law firms that regularly handle these types of cases work with their clients on work history and witnesses to gain a better sense of determining the exact moment of exposure and the company or employer responsible.

Asbestos Trust Funds

Companies that manufactured asbestos products or companies in which employees worked with asbestos products are generally liable for causing the disease because they failed to warn employees as part of an industrywide asbestos cover-up.

Many of these negligent companies filed for bankruptcy reorganization and are protected from lawsuits, but the U.S. government required them to create asbestos trust funds with enough money to pay a portion of the asbestos claims.

People injured by these companies can file an asbestos bankruptcy claim, which is not a lawsuit, against one of these trusts. Once a claim is filed, trustees who manage the asbestos trusts will determine the amount of compensation based on certain categories, levels of disease and medical criteria.

There are more than 50 asbestos trusts today with an estimated $30 billion in assets designed to compensate those harmed by asbestos.

How Do Mesothelioma Lawyers Get Paid?

Mesothelioma lawyers work on a contingency fee basis.

That means their clients pay nothing until they receive compensation from various asbestos trust funds or companies sued. Clients also pay nothing if the attorneys do not recover anything for the client.

Total compensation will vary depending upon the diagnosis, the companies responsible, the medical history of the patient, where the claim is filed and other factors.

The amounts can range from just enough to cover medical expenses to millions of dollars.

Why Do People with Mesothelioma Have to Call Now?

There’s a reason viewers are told “Don’t wait. Call the number on the screen now.” That’s not an overstatement.

The statutes of limitation will vary from state to state, usually ranging from one to five years from the date of diagnosis to file your claim. If you wait too long, it could be too late.

The average life expectancy for a person with mesothelioma ranges from 12 to 21 months after diagnosis. That’s why timing is critical.

Family members of a person who already died of the disease will have much the same rights. Even after a patient dies, the family can file a claim and receive compensation, provided it is within the statute of limitation.

It’s important to understand that commercials about mesothelioma lawyers help raise awareness of the disease among possible victims and their family members, but it’s also crucial to have all the information about this rare disease before contacting an attorney.

Mesothelioma Lawsuit

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After a mesothelioma diagnosis, it is natural for a person to focus only on their health. But if you or a loved one is diagnosed with an asbestos-related disease, you should consider contacting a mesothelioma lawyer immediately.

Mesothelioma is an almost entirely preventable cancer. Many companies who produced, distributed or used asbestos products knew of its dangers and failed to warn their employees. Filing a lawsuit can help those diagnosed with mesothelioma get the compensation they deserve.

A qualified mesothelioma attorney can help you decide whether to pursue a lawsuit and guide you through the process. The right asbestos attorney can help you file your claim before the statute of limitations expires. They will evaluate your case so you can receive the maximum compensation.

Most mesothelioma lawsuits never go to trial because they are settled out of court before the trial takes place.

Primary Types of Mesothelioma Lawsuits

Personal Injury Claims

A person diagnosed with mesothelioma can file a personal injury lawsuit against a company responsible for exposing them to asbestos.

Wrongful Death Claims

If a mesothelioma patient files a lawsuit but passes away before it’s resolved, their loved ones may be able to step in as plaintiffs. Family members may have the option to file their own wrongful death claims. This can provide compensation to assist with medical bills, funeral expenses and loss of income.

Common Questions About Mesothelioma Lawsuits

Q: How Long Does a Mesothelioma Lawsuit Take?

A: The legal process for an asbestos-related lawsuit depends on the health of the plaintiff. If you are in poor health, the entire process can be expedited. If there is no urgency, the process could take several months or longer. In either case, the defendant probably will try to drag out the process. Your attorney will work to resolve your case as quickly as possible. They will handle each step so you can focus on your health and spend time with your loved ones.

Q: Will I Need to Travel?

A: The location where you file can affect the length of the case process. Your attorney will help you choose the best jurisdiction for your case. It may be necessary to file outside the state where you live. You typically will not need to travel. Mesothelioma attorneys can often handle the entire case process and travel to you when necessary.

Q: How Much Do Mesothelioma Lawyers Charge?

A: Most mesothelioma lawyers work on a contingency fee basis. This means your attorney only gets paid if you agree to a settlement or win your lawsuit. When you settle or win a case, a percentage of the award will be paid to your lawyer. If not, you pay no attorney fees.

Choosing a Mesothelioma Attorney

The first step in a successful filing process is choosing an attorney. If you worked for a large corporation that closed or is bankrupt, funds were likely set aside to help pay medical and related expenses for mesothelioma patients.

A mesothelioma attorney is knowledgeable about these funds and will help you file a claim. In addition, a mesothelioma attorney is familiar with asbestos manufacturers and will determine who is responsible for your suffering.

When you talk to the asbestos attorney, be prepared to discuss past employment, health history and current health status. It is very important to hire a lawyer you feel comfortable talking to.

Mesothelioma Lawsuit Process

While everyone’s case is different, there are certain steps that apply to nearly everyone who files an asbestos-related lawsuit. Your attorney will handle each of these steps and explain the process along the way.

For the most part, mesothelioma lawsuits follow these steps:

Preparation

Your attorney will gather information about your history of asbestos exposure to determine who is responsible for your condition and where to file your lawsuit. You may be eligible to file your lawsuit in more than one jurisdiction.

Filing

Your lawyer must file a written complaint with a court to start the legal process. Your attorney will prepare and file this document. For your case to move forward, your complaint must follow different court rules on how the document is written and the details it provides about your claim. An experienced attorney will be familiar with these rules and use this knowledge to help present your claims to the court.

Responses

Each defendant in your lawsuit will receive a copy of your complaint. They will have a certain amount of time — usually 30 days — to respond. Because many years have likely passed since your asbestos exposure, the responsible company could now be a different company or could be bankrupt. It may take some time to locate and provide the appropriate people with your complaint. Your attorney will oversee this process. Defendants rarely admit fault. They most likely will deny your claims and argue that your complaint is not valid or that someone or something else is responsible for your exposure to asbestos. They may even claim that your condition is not related to asbestos exposure. Don’t worry. This is normal. Your attorney will reply to each defendant’s responses.

Discovery

Lawyers on both sides gather information about your allegations, asking the other side to answer written questions, produce documents and participate in depositions. Some of the information will become the evidence used at trial. Discovery may take several months, but if you are very sick, your attorney can ask the court to speed the process along before your condition worsens. The defendant’s lawyers will look for evidence that something or someone else caused your illness. They will demand personal information about you such as your medical history, work history and information about your personal habits. They may also seek information from your loved ones, doctors, co-workers and former co-workers. You probably will need to participate in a videotaped deposition. If so, you will answer questions under oath from the defendant’s lawyer. This process may take a few hours or several days, but it often can be performed from the comfort of your own home. Your attorney will prepare your responses to any written questions and document requests. Your lawyer will also go over likely deposition questions with you in advance and assist you during the deposition. In addition to helping you respond to discovery requests, your lawyer will make similar demands for information supporting your claim that the defendant negligently exposed you to asbestos.

Settlement

Before a trial starts, a defendant may offer to resolve the case by offering you money. If you decline the settlement offer, it’s possible the defendant will make another offer during trial. Your attorney will negotiate on your behalf. Mesothelioma settlements vary on multiple factors and can influence your decision whether to go to trial.

Trial

The trial process varies depending on where you file a claim. In many cases, it is not necessary for you to appear in court. If you win and the defendant does not appeal, you will usually start receiving payments a few months after the trial.

Appeal

If you win the trial, the defendant may decide to file an appeal. There is a limited amount of time to file an appeal, usually between 30 and 180 days. This will delay any monetary award, but the defendant will need to post “bond” for the amount awarded while the appeal proceeds. If the defendant loses its appeal, you will start receiving payments. If the appeal is successful, the defendant may end up paying a smaller amount or nothing at all. An appeals court generally accepts any facts the trial judge and jury found to be true. Usually the only thing an appeals court decides is whether the trial court correctly applied the law to the case. If a mistake was made that affected the result of the trial, the appeals court may order a new trial. Sometimes the appeals court can just correct the mistake without a new trial such as when the amount of the award was calculated incorrectly. If your case is appealed, your attorney will be available to explain the process to you.

What to Expect from Defendant Responses

Once you file your claim, be prepared for defendants to deny fault for your medical condition. They may allege that

– Smoking, drinking or drug use caused your health problems.

– Your family history shows significant health problems among relatives.

– You worked at other places where asbestos was a bigger problem.

– You have not been properly diagnosed by a medical professional.

– The petition was not filed correctly, even if it was filed on time.

– Exposure to asbestos and other toxic substances happened at home or elsewhere, not just at work.

– You do not have the authority to file a wrongful death lawsuit on behalf of the deceased.

– Your medical condition is not related to asbestos exposure.

Don’t take these allegations to heart; just let your attorney handle them. Defendants may also include a settlement request in their response, but this is rare. Companies may be willing to settle right away in order to avoid a lengthy and costly lawsuit. However, this first settlement offer may be very low. Expect to wait until closer to trial, or even during the trial itself, to receive a reasonable offer.

History of Asbestos Litigation
Asbestos litigation is considered the longest-running mass tort in U.S. history, dating to the late 1960s.

1964
Doctors Prove Asbestos Causes Lung Damage & Disease
The medical findings of Drs. Irving J. Selikoff, Jacob Churg and E. Cuyler Hammond proved conclusively that asbestos caused lung damage and disease.

1965
Tort Laws Pave Way for Asbestos Litigation
A 1965 publication by The American Law Institute of the Restatement of the Law of Torts stated in section 402A that anyone “who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is liable for the harm caused by that product to the consumer or end user.” It also explained this would not include unsafe products as long as they were “accompanied by proper directions and warning.” The court decided asbestos manufacturers knew the dangers of asbestos exposure but failed to appropriately warn asbestos workers. This opened the floodgates for asbestos-related lawsuits.

1966
First Asbestos Products Lawsuit Filed
Claude Tomplait was diagnosed with asbestosis in July 1966. Attorney Ward Stephenson filed the first asbestos products lawsuit on Tomplait’s behalf in December 1966. The defendants were 11 manufacturers of asbestos insulation products, including Johns Manville, Fibreboard Paper Products and Owen Corning Fiberglass. The case went to trial on May 12, 1969. The verdict came a week later, and it was in favor of the defendants.

1969
Borel v. Fibreboard Paper Products
In October 1969, Stephenson represented one of Tomplait’s co-workers, Clarence Borel. He developed an advanced case of asbestosis while working in the shipyards and oil refineries along the Texas-Louisiana border. Stephenson once again filed a lawsuit, seeking $1 million in damages, against numerous asbestos manufacturers across the U.S. This time, the result was different.

Borel v. Fibreboard Paper Products Corporation was decided for the plaintiff in 1973 in the amount of $79,436. Unfortunately, Borel never heard its final disposition from the U.S. Court of Appeals, Fifth Circuit. He died of mesothelioma in June 1970.

1980 – Present
Asbestos Tort Litigation Continues to Grow
Buoyed by the success of Borel v. Fibreboard, asbestos workers chose to use tort litigation to obtain compensation for their injuries. Although there is no national registry for asbestos personal injury claims, independent reports show asbestos litigation has grown significantly in the U.S. during the past several decades.

The RAND Institute for Civil Justice began analyzing asbestos litigation in the early 1980s. Approximately 730,000 people in the U.S. filed compensation claims for asbestos-related injuries from the early 1970s through the end of 2002. It cost businesses and insurance companies more than $70 billion.

The total number of companies sued jumped from 300 to 8,400 between 1982 and 2002.

As of 2013, the number of asbestos defendants had grown to more than 10,000 companies. A 2016 report from Kansas City Industrial Council showed there were 4,465 unique filings in 2015. An average of 69 defendant companies were named in each lawsuit.

The highest number of companies named on one complaint was 361, while only 12 lawsuits named one defendant.

Notable Asbestos Lawsuit Verdicts

Hundreds of thousands of people have filed mesothelioma lawsuits to seek compensation from companies that negligently exposed them to asbestos. Compensation from lawsuits helps reduce financial hardships during an illness and provide a more stable future for loved ones.

$250 million
A retired U.S. Steel worker from Indiana won a 2003 mesothelioma trial after alleging U.S. Steel was responsible for exposing him to asbestos insulation for decades. The company was expected to appeal the $250 million verdict, but instead settled out of court for an undisclosed amount.

$115 million
In 1998, a Texas jury awarded $115 million to 21 steelworkers. They developed asbestosis while working around an asbestos-containing grinding wheel at an Alabama steel mill. The grinding wheel manufacturer, Carborundum Company, was ordered to pay $100 million in punitive damages.

$48 million
In 2012, a jury awarded $48 million to construction worker Bobbie Izell. He was exposed to asbestos on construction sites in the 1960s and 1970s and diagnosed with mesothelioma in 2011. Construction remains one of the top professions for asbestos exposure.

$18.6 million
A Dallas County jury awarded $18.6 million in 2014 to the family of a tire builder who died of mesothelioma. The employee was repeatedly exposed to asbestos over 30 years while working with Goodyear Tire & Rubber Co. machines at a plant in Tyler, Texas.

What Should You Expect from a Mesothelioma Lawsuit?

Although most mesothelioma lawsuits follow a similar process, every case is different.

Results depend on your history with asbestos exposure, the state where the lawsuit is filed, your medical history and other factors.

Going to trial is rare. Even if a case does go to court, you may not be required to appear.

Settlements and trial verdicts vary depending on the case. While verdicts may produce more compensation, settlements typically award claimants quicker. This can help pay for cancer treatments and other bills.

An experienced mesothelioma attorney can simplify the process and build your case so you and your family can get the compensation you deserve.

Mesothelioma Law Firm Directory

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Mesothelioma Law Firm Directory



Mesothelioma Lawyers

Originally hailed as an uncommonly useful material used in a variety of applications to make things lighter, stronger, fire resistant, more flexible, and other desirable attributes, we know now that asbestos is a profoundly hazardous substance that causes many health problems. One of the most well-known diseases caused by exposure to asbestos is mesothelioma and it affects over 2,000 people each year in the U.S. and many thousands more throughout the rest of the world.

Sadly, it is estimated that millions of people all over the world have been exposed to asbestos in their daily lives and medical science is still discovering how this exposure affects their health and the health of those around them. As awareness has grown about the disease and the numbers of victims has risen, companies that were lax about controlling asbestos in the workplace have faced litigation from victims represented by law firms and mesothelioma lawyers specializing in bringing mesothelioma cases to court.

What is Mesothelioma?

Mesothelioma is an uncommon form of cancer which creates malignant cells in the body’s mesothelium, the membrane that covers many of the body’s internal organs. The cancer cells begin to develop and multiply and the cancer is capable of spreading from the source to other organs and areas of the body. Symptoms include shortness of breath, chest pain, anemia, fever, abnormal blood clotting, and others depending on the cancer’s location.

What causes Mesothelioma?

The single biggest cause of mesothelioma is exposure to asbestos fibers in the home or workplace. Although there have been recorded cases of mesothelioma where the victim has had no asbestos exposure, the vast majority of victims have worked with or worked in an environment where asbestos dust was present.

Who is at Risk for Mesothelioma?

The vast majority of mesothelioma victims are people who have worked in industries such as mining, construction, shipbuilding, heating and cooling installation, and places where asbestos is processed and produced. The risks of contracting mesothelioma and other asbestos-related diseases scale with the length of time a worker has been exposed. There is additional evidence that suggests that people living with workers in asbestos-related industries may also be at increased risk from coming into contact with dust and fibers brought into the home on workers’ clothing.

What to do about Mesothelioma

If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, it is highly recommended that you contact a mesothelioma lawyer with experience bringing mesothelioma cases to trial. A mesothelioma settlement can help to defray medical expenses and provide for your family in the event of your passing. MesotheliomaLawyers is dedicated to providing timely information about mesothelioma, its causes, and assisting those who suffer from this condition. Check back often for new information about mesothelioma and options for mesothelioma victims and their familes.

Learn Forex Factory

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How to Use Forex Factory Free Trading Tools — A Complete Guide
Have you heard of Forex Factory?

You probably do since it’s the leading forum for Forex traders since 2004.

But here’s the thing…

…most traders don’t take the full advantage of what Forex Factory has to offer.

All they do is to go into the forum, enter the “Trading Systems” thread, and look for new trading systems.

Then they apply the strategies for a while and when it fails, they got back to the forum and look for “the next best thing”.

And the cycle rinse repeats itself.

No wonder most traders fail because they are in the cycle of hopping from one trading strategy to the next.

Now…

Forex Factory is more than just a place to find new trading strategies. In fact, they offer useful trading tools that will improve your trading experience, and it doesn’t cost you a dime.

Are you ready?

Then let’s begin…

Forex Factory calendar — stay ahead of the news and never get caught with your pants down

The Forex Factory calendar highlights key fundamental news that’s coming up.

You’re probably wondering:

“If I’m a pure technical trader, does it matter to me?”

Yes it does, especially for short-term traders.

For example:

You don’t want to enter your trades just ahead of a big news event because the spread could widen and put you at a huge disadvantage.

Or if you’re in an open position, you might want to reduce your risk exposure so you don’t get stopped out on the volatility spike.

Make sense?

Good. Now, let’s learn how to use the Forex Factory calendar to your advantage…

1. Select your timezone

Here’s how to do it:

– Go to Forex Factory website
– Select the “Time” button at the top right-hand side of the page
– Then, select the time zone you’re in. And that’s it!

An example:

2. Filter yours news

Now…

There is plenty of news coming out each day from different countries. Like CPI, PPI, Retail Sales, Inflation, Central Bank, and etc.

And most of it does not affect the markets as they are not a major news event.

So, how do you know which news event to pay attention to and which to ignore?

Well, this is where the Forex Factory news filter comes in handy.

Here’s how to do it:

– Select the “Calendar” tab at the top of the page
– Then select the “Filter” button at the top right-hand side of the page

You’ll see something like this…

Next, check the red and orange box. This means the calendar will only reflect high and medium impacts news event (if you want to include the low impact event, feel free to do so).

Then, check all the event types as you don’t know which events are the high impact ones. So it’s safer to just check them all.

Lastly, you can select which country news you want. I suggest checking all of them so you’re aware of the important fundamentals going on around the world.

How to use Forex Factory Sentiment Indicator and find high probability trading setups

This is a trader’s sentiment indicator derived from Forex Factory Trade Explorer. It’s converted into a visual chart showing you how many % of traders are long or short (on a currency pair).

Here’s how to access it:

Select the “Trades” tab at the top of the page. Then scroll down a little and you’ll see something like this…

Now here’s the thing:

I’m sure you can agree that most retail traders enter the market at the worst possible time. Like “chasing” the market after it has made a huge move, or trying to pick market tops and bottoms.

Knowing this fact, you can then use the sentiment indicator as a contrarian approach.

You’ll look to go long when most retail traders are short, and long when most retail traders are short.

Here’s how to do it:

– Identify a currency pair that reaches an extreme reading of at least 60%
– Wait for a valid trading setup that is against the herd

An example…

As you can see, EURJPY has 63% of traders short this market.

This means as a contrarian, you want to go against the herd. So, you’ll look for a long trading setup.

Moving on… the EUR/JPY 4-hour timeframe looks like this:

So, how do you enter this trade?

Well, you could look to get long at the area of Support if there’s a price rejection like Pinbar, Engulfing pattern, and etc.

If you want a full explanation on entries, exits, and stop loss… go read The Complete Guide to Finding High Probability Trading Setups.

And one last thing…

You don’t want to enter a trade just because the sentiment indicator is at an extreme. It can remain at an irrational level longer than your account can remain solvent.

That’s why you need a valid trading setup with precise entries and exits so you can better manage your risk.

How to monitor your trading positions in real time (even if you’re at work)

I know.

You have a full-time job and it’s difficult to monitor your positions while at work.

You’ll probably sneak to the toilet every 30minutes or so just to see how your positions are doing.

But I’ve got good news for you…

…because it’s possible to monitor your trading positions in real time, without sneaking off to the toilet every few minutes.

Here’s how to do it…

Select the “Market” tab on the top of the page.

It’ll look like this…

Tada!

Live Forex charts in front of your screen. No downloads, login, or subscription required.

Do you know what else I like about it?

Just below the charts, you can see what the current market session is (whether it’s Sydney, Tokyo, London, or New York).

An example:

This is useful for traders who are wondering what time does the London or New York session opens, and whether there are daylight savings or not.

With this tool, you never need to second guess yourself again — plus it is synchronized with your local time.

How to find the correct Forex trading broker

I’m sure you’ll agree with me that it’s difficult to find a broker you can trust.

You never know if the broker is on the opposite side of your trades, whether they are financially strong, or would simply vanish after taking your money.

And this is one reason why I never recommend brokers publicly because you never know what’s going on behind the scenes.

Well, the good news is…

Forex Factory can help you filter down a list of brokers that you might consider trading with. They provide a list of brokers you can compare with side by side, so you can identify the ones that meet your needs.

Here’s how…

Select the “Brokers” tab on the top of the page.

An example:

Now, there are many things you can compare across brokers. Their real-time spread, markets available, minimum deposit, platforms available, languages, regulatory bodies, headquarters, and etc.

And I know it can be overwhelming to look at so many things when selecting a broker.

So, here’s my top 5 list to consider:

– How many countries is the broker regulated in?
– What is their real-time spread like during normal hours and major news release?
– How many markets can you trade?
– Is it easy to deposit and withdraw your money?
– Is their customer support responsive?

So do your own due diligence and find out which brokers suits you best.

And one last thing…

There’s an important disclaimer on Forex Factory website that states:

Brokers pay Forex Factory a fee to be listed on this page, so a claim of complete independence cannot be made. However, this product was entirely designed from a trader’s perspective, and several practices have been implemented to ensure information is presented impartially.

This means there are other good brokers that aren’t mentioned on Forex Factory and you must do some digging to find out for yourself.

Now let’s move on…

How to set up a trading journal in Forex Factory and improve your trading results

Here’s the thing:

If are serious about trading, then you must have a trading journal. It’s the only way to keep track of what you’re doing so you can improve on it.

Without one, you might as go gambling in a casino (and it still provides free booze and babes).

However, I bet that 80% of you reading this right now don’t have a trading journal, or you don’t properly record your trades.

So in this section, you’ll learn how to do it using a trading journal from Forex Factory.

But you’re wondering:

“Why set up a trading journal in Forex Factory when I can do it on my computer?”

That’s a good question and here’s why…

3 reasons why you should set up a trading journal in Forex Factory

1. Accountability

The reason why traders give up on their trading journal is that there’s no one monitoring them.

So, by having a trading journal in a public domain, you’re making a commitment and have someone to be accountable to.

This increase the odds of you doing it since it makes you look bad if you go back on your word.

2. You can learn from other traders

Once you start journaling your trades, it will attract like-minded traders to your thread. From there, you can exchange ideas and feedback to improve your trading together.

3. It’s stored in the cloud so you don’t risk losing your information

Have you ever had your computer crash on you? There goes all your precious information that goes along with it.

But by having your trading journal hosted on a cloud, that risk is greatly minimized and you can be certain it will be there for years to come.

How to set up your trading journal in Forex Factory

Here’s how:

– Select the “Forum” tab at the top of the page
– Then select the “Trading Journals” link in the middle of the page
– Then select “Start New Thread”

Once you’ve done it, you’ll see something like this…

Now you’re probably wondering:

“But Rayner, what do I post in my thread?”

Here’s what I suggest…

– Introduce yourself and declare a commitment of 6 months
– Explain your trading methodology and write down your trading plan
– Post the charts of all the trades you’ve entered
– Post the charts of all the trades you’ve exited
– Post your thoughts and reflection for the trading week
– After 25 trades, find patterns that lead to your winners and losers
– Rinse and repeat

Now the key here is CONSISTENCY.

There’s no point doing it for a few days and then stop doing it because it defeats the purpose.

To see results, you must commit yourself to do it for 6 months. If you follow what I said, your trading results will improve.

Summary

I hope you’ve realized that Forex Factory is more than just a forum to learn new trading strategies.

You should take advantage of their useful trading tools like:

– Forex Factory calendar to stay ahead of the news
– The sentiment indicator to help you find high probability trading setups
– The charting tool to monitor the Forex markets in real time
– The broker comparison tool to find the best broker for your needs
– Forex Factory trading journal to improve your trading results

Now I’ve got a question for you…

How do you use Forex Factory for your trading?

Private Mortgage Insurance

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There are several types of mortgage insurance. The one that everybody complains about is private mortgage insurance (PMI). Homeowners with private mortgage insurance have to pay a hefty premium and the insurance doesn’t even cover them. Yes, private mortgage insurance offers zero protection for the borrower. Borrowers mistakenly think that private mortgage insurance makes them special, but there are no private services offered with this kind of insurance.

A lesser known type of mortgage insurance is the type that pays off your mortgage if you die. In other words, you pay a small premium for a small chance of dying. You could probably get better protection through a life insurance policy. The type of mortgage insurance most people carry is the type that ensures the lender in the event the borrower stops paying the mortgage. Nonsensicle, but private mortgage insurance ensures your lender.

Why Do You Pay for Private Mortgage Insurance?

Many borrowers take out private mortgage insurance because their lender requires it. That’s because the borrower is putting down less than 20 percent of the sales price as a down payment. The less a borrower puts down, the higher the risk to the lender. Therefore the lender wants insurance against a default.

You don’t choose the mortgage insurance company and you can’t negotiate the premiums. It sounds unAmerican, but that’s what happens when you get a mortgage that exceeds 80 percent loan-to-value (LTV).

What Less Than 20 Percent Looks Like

For example, if you put down 5 percent on a $200,000 home and stopped making your mortgage payments, mortgage insurance would pay your lender $30,000, which is the 15 percent that you did not put down to protect the lender to an 80 percent LTV. This would happen after foreclosure.

The Federal Housing Administration (FHA) charges for mortgage insurance as well. Not only do you pay an upfront premium for mortgage insurance, but you pay a monthly premium, along with your principal, interest, insurance for property coverage, and taxes.

How Do You Cancel Private Mortgage Insurance?

Once your equity rises above 20 percent, either through paying down your mortgage or appreciation, you might be eligible to stop paying PMI. The first step is to call your lender and ask how you can cancel your private mortgage insurance.

The lender will want proof that your equity position is secure and exceeds 20 percent. It will get that proof by requiring you to pay for an independent appraisal. You don’t get a voice in choosing the appraiser or the amount that the appraisal will cost you, but generally, appraisals cost between $350 and $500.

FHA rules are different. If you have an FHA loan, you will need to pay down your mortgage to 78 percent of your original sales price. Even if appreciation has pushed your equity up, it won’t matter. You will need to reduce your original principal balance.

How to Avoid Paying for Private Mortgage Insurance

There are many ways to avoid paying for private mortgage insurance. You may not qualify for these, or may not want to employ them.

– If you are a veteran, you can take out a VA loan, which has no private mortgage insurance.

– You can put down 20 percent or more if you want to tap the Bank of Mom and Dad.

– You can pay a higher interest rate. Sometimes the difference in your monthly payment spread out over your planned term of occupancy is much less than paying for mortgage insurance.

– You can take out a combination loan of 80 / 10 / 10. This consists of a 10 percent down payment, an 80 percent first mortgage and 10 percent second mortgage.

– You can look into a HomePath mortgage offered by Fannie Mae on select Fannie Mae bank-owned homes.

– If you’re a teacher or doctor your bank may give you a special loan. Sometimes, loans to teachers and doctors don’t require private mortgage insurance.

Tips for Choosing a Cheap Insurance Company

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Choosing a cheap car insurance company

How to get a cheap car insurance policy from a company you trust
There are many reasons you may be seeking the cheapest auto insurance option. Your household finances may be tighter than usual. Or maybe you don’t drive a lot. Whatever the reason, a low-cost policy doesn’t have to mean a no-frills experience with the insurance company. As you compare quotes from cheap car insurance companies, consider more than just price. Policies from leading carriers, such as Nationwide, may be exactly what you need. Here’s what to look for:

A solid reputation
Over the past 80 years Nationwide Insurance® has grown from a small auto insurance company to one of the largest and strongest insurance and financial services companies in the world. You can’t say that about most cheap car insurance companies. The key to our growth has been simple: helping customers protect what’s most important to them while providing outstanding customer service.

Personal customer service
Why choose Nationwide auto insurance? As a Nationwide auto insurance policyholder, you’ll enjoy great customer service online or over the phone, as well as through our vast network of Nationwide agents and Nationwide-affiliated independent agents. But don’t take our word for it. We post our customers’ auto insurance reviews online for you to read. Cheap auto insurance companies don’t do that.

24/7 access
Because difficult situations always seem to happen at the worst possible time, Nationwide’s renowned On Your Side® Claims Service is available around-the-clock 365 days a year to get you back on the road as fast as possible. A cheap car insurance company can’t match that standard.

Lots of free extras
Look at cheap car insurance companies and see if they can provide free perks like our 24-hour claims service, an 800 number with a real person at the other end, our On Your Side Review (a free consultation to see if you have the insurance you need and the discounts you deserve) and Nationwide®AutoWatch®, which lets you monitor your covered auto repair online.

Custom options
Nationwide offers you a variety of options that allow you to customize your policy. Cheap auto insurance companies can’t offer you great options like Roadside Assistance, Accident Forgiveness or Vanishing Deductible®.

Other insurance options
If you’re looking for other insurance policies, Nationwide also offers discounts for everything from motorcycles and scooters to boats and RVs.

Insurance terms, definitions and explanations are intended for informational purposes only and do not in any way replace or modify the definitions and information contained in individual insurance contracts, policies or declaration pages, which control coverage determinations. Such terms may vary by state, and exclusions may apply. Discounts may not be applied to all policy coverages.