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When faced with a mesothelioma diagnosis, victims and families may find themselves asking how and where they were exposed to asbestos many years ago. A Dayton mesothelioma lawyer can help you uncover occupational exposure tied to manufacturing plants, construction sites, military bases, power stations, and industrial sites across Montgomery County and greater Southwest Ohio.
Dayton has served as a central hub for aerospace manufacturing, industrial production, and engineering development for many years. Asbestos was widely used in workplaces across the region throughout the 20th century. Mesothelioma claims in Dayton may be filed in or around Montgomery County Common Pleas Court, located at 41 N. Perry St., Dayton, OH 45422.
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Kelley Ferraro, LLC, has been serving asbestos exposure victims and families for almost 30 years. During this time, our attorneys have managed nearly 55,000 asbestos cases nationwide and recovered over $1 billion for asbestos and mesothelioma sufferers. Keep in mind that past results are not a guarantee of a similar outcome. Every case is different and must be evaluated on its own merits.
While Kelley Ferraro, LLC, handles asbestos claims throughout Ohio, we also serve as co-counsel with local attorneys in jurisdictions across the United States.
Mesothelioma is a cancer that is almost exclusively caused by exposure to asbestos. Symptoms typically do not present until many years after exposure. While mesothelioma can occur in several different areas of the body, it most commonly affects the lining of the lungs, known as pleural mesothelioma. However, mesothelioma can also develop in the abdomen or around the heart.
Because asbestos was commonly used for decades before the link to mesothelioma was established, it can take years for exposure to become apparent. In most cases, there is no identifiable single event that causes the disease to develop. Common symptoms can include:
Because these symptoms are often associated with other conditions and diseases, it can take a while before mesothelioma is detected, typically taking between 20 and 50 years to do so. According to the Centers for Disease Control and Prevention, there were 2,669 new cases of mesothelioma in 2022 in the country. This is a rate of 0.6 per 100,000 people.Â
Ohio Revised Code § 2305.10 outlines specific rules that apply in asbestos exposure cases in Dayton, OH. Under this statute, victims have two years to file a personal injury claim related to asbestos exposure. This two-year statute of limitations begins when the disease is discovered or should have reasonably been discovered by the victim. It does not start at the time of exposure.Â
Similar rules apply to wrongful death claims. However, under Ohio law, the clock typically begins at the time of death, not the time of diagnosis.
Determining when a claim should have been discovered can become complicated, especially when exposures occur over long periods of time. Exposure to asbestos can occur at multiple locations and may involve former employers and manufacturers from across the United States. If you were diagnosed with mesothelioma, it’s important to hire a mesothelioma lawyer as soon as possible.
Life after a mesothelioma diagnosis is filled with medical, financial, and legal decisions. For many patients, finding treatment with a doctor who focuses on asbestos-related disease is one of the first steps. Patients may also want to start compiling helpful documents like medical records and employment or union records, or military paperwork related to potential exposure.
Because mesothelioma can take years, or even decades, to manifest after exposure, pinpointing past employers and asbestos-containing products becomes vital for grasping your legal standing. Many mesothelioma families pursue financial compensation through either a legal claim or an asbestos trust fund claim while also balancing doctors’ visits and care for their loved one.
Determining where and how a person was exposed to asbestos can take extensive investigation. Through our investigation, we can review employment records, military history, union documents, and historical references of products containing asbestos to determine possible exposure.
A Dayton mesothelioma attorney can help patients and families understand their legal rights and mesothelioma laws and may look into exposure from industrial plants, building sites, manufacturing facilities, or military service throughout the Southwest Ohio area.
The length of time your mesothelioma claim takes depends on many factors. Simple cases with one defendant that settle quickly may take only a few months. Cases that require more discovery or litigation take longer to resolve. In some situations, the court moves your mesothelioma case along faster due to the severity of your illness and continued medical issues.
Mesothelioma is thought to be the most aggressive asbestos-related cancer since it is usually detected late after symptoms have manifested. Mesothelioma can progress rapidly and be difficult to manage due to late detection after long latency periods. Options for treatment can include surgery, chemotherapy, radiation, or immunotherapy, depending on the circumstances surrounding the cancer.Â
Parts of a mesothelioma settlement could be taxable and others not. Damages associated with physical injuries, sickness, or medical costs are typically exempt from federal income taxes. Punitive damages and interest payments may be taxable at times. Tax structures can differ on a case-by-case basis, so it may be helpful to speak with a tax advisor about your situation.
The four principal diseases related to asbestos are mesothelioma, asbestosis, lung cancer, and pleural disease. The inhalation of asbestos causes the chronic lung disease asbestosis. Cancer of the membrane lining either the lungs or the abdomen is called mesothelioma. Pleural disease is characterized by thickening or scar tissue surrounding the lungs.Â
All three diseases can take many years to develop after exposure to asbestos in the workplace or the environment.
If you or a loved one was diagnosed with mesothelioma, compensation from responsible parties may be available to you. Kelley Ferraro, LLC, can help. Contact us today for a consultation.
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