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Monday 12 March, 2007

PRECAUTIONS TO BE EXERCISED WHILE FILING LAW SUIT AFTER BEING DIAGNOSED WITH MESOTHELIOMA

1. It is your right to seek compensation if you have worked in asbestos related enviroment.

2. The monetary compensation may be used to pay medical bills and make up for lost income.

3. There are two types of mesothelioma lawsuits:

(a) Personal injury claim.

(b) Wrongful death lawsuit.

4. Personal injury claim involves patient filing a lawsuit for damages that may include medical expenses, loss of income, and pain and suffering.

5. Wrongful death suit involves survivor of a mesothelioma fatality filing a claim.

6. Laws and procedures are different for each type of claim, and depend upon the jurisdiction where the case is filed.

7. IMPORTANT:You are likely to lose your legal right when you get ready to file a lawsuit if you do not take the following steps:
(a) In most states the summons and complaint should be filed within three years after you have been diagnosed with mesothelioma.

(b) Some other states allow only for one year statute of limitations. If you delay time, you lawsuit will not be accepted.

(c) If you have not filed the summons and complaint within three years after diagnosis with mesothelioma, you cannot file a lawsuit 30 or 40 years later when the disease begins to manifest itself.

(d) The complaint should be against the manufacturers of asbestos products who were aware of the dangers of asbestos and yet failed to warn the public or study their asbestos products.

(e) You should be aware of exactly where you were exposed to asbestos and during what period of time you were exposed.

(f) There should be evidence of your working in that location by mentioning co-workers and other friends who had known you working in that place.

(g) There should be detailed employment records.

(h) There should be detailed work history records.

(8) There should be detailed medical records. Medical records should include confirmatory tests for mesothelioma, the extent of damage, the prognosis, and the stage of the disease you are in. These tests should include: nature of symptoms that you contend are related to your asbestos related condition, the date you first experienced such symptom and the date of diagnosis, name of diagnosing physician, description of any pain, incapacity or inability to lead a normal life, as a result of your medical condition, biopsy or tissue sample test results, X-rays and CT Scans, etc.

(9) You must be ready for a EBT which means an examination before trial. An EBT is a process whereby a person with malignant mesothelioma is placed under oath and asked a series of questions concerning their background, work history, exposure to asbestos products and medical questions. The deposition can be made at home or in a hospital. Failing to make this will make you ineligible to fight for your legal rights. • You should not have accepted any money from anyone as settlement before the trial begins.

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