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Home » Toxic Exposure Injuries » Page 14

Toxic Exposure Injuries

Can A Grandchild Sue For The Death Of Grandmother Who Died From Mesothelioma?

April 1, 2016 by Louis Gertler

In most cases in Louisiana, you cannot. The spouse and children are usually the only ones who have the right to bring forth a lawsuit for mesothelioma. However, there are some instances where a grandchild can pursue a mesothelioma lawsuit but they are strict and detailed. If you reside in New Orleans or elsewhere in […]

Can Medicare Assert A Lien Against My Mesothelioma Lawsuit For Treatment Prior To 1980?

April 1, 2016 by Louis Gertler

The Medicare Secondary Payer Act went into effect in 1980. So any claim for health services paid for by Medicare after December 1980 would need to have Medicare’s interests determined. If you have questions about Mesothelioma or need help after a diagnosis, call the Gertler Law Firm at (504) 581-6411 for a free consultation.

Why Do Doctors In Louisiana Have Such A Hard Time Diagnosing Mesothelioma Cancer?

April 1, 2016 by Louis Gertler

Mesothelioma is a notoriously difficult disease to diagnose for several reasons. The problem usually isn’t that your doctor isn’t trying hard enough or isn’t interested in what’s going on with you, but the symptoms of mesothelioma, especially early in its development, often look very much like a number of other common complaints. These can be everything […]

I Have Been Diagnosed With Pleural Mesothelioma – Can I File A Lawsuit For Damages?

April 1, 2016 by Louis Gertler

This diagnosis is usually always related to asbestos exposure, and a lawsuit can result in large awards. And in Louisiana, you have one year from the date of diagnosis to file a lawsuit, so the sooner you meet with an experienced mesothelioma law firm, the sooner you can begin this process. If you would like […]

How Is A Mesothelioma Case Different From Other Injury Lawsuits In New Orleans?

April 1, 2016 by Louis Gertler

New Orleans has seen an extensive presence of asbestos both in the construction of its buildings and in local industries, shipbuilding. Exposure to asbestos is the leading cause of mesothelioma – a cancer that begins in the lining of the lungs and spreads to adjacent organs. While lawsuits involving mesothelioma follow most of the same […]

Can A Step-child File A Lawsuit For A Step-parent Being Diagnosed With Mesothelioma?

April 1, 2016 by Louis Gertler

No, unless you were adopted by the step-dad or step-mom. Only heirs to the estate can file a lawsuit for the mesothelioma diagnosis. However, in some instances you can pursue asbestos related litigation. And in other cases, if the mesothelioma was related to service in the military, there may be VA benefits available. If you […]

Is The Estate Of A Mesothelioma Victim Settlement Funds Protected From Liens?

April 1, 2016 by Louis Gertler

Unfortunately, no. If the settlement proceeds are in fact paid to the estate, the estate would still have to pay any liens. That’s why it is so important to have a Succession plan set up for the Estate for anyone that is diagnosed with Mesothelioma as soon as possible. If you have questions about Mesothelioma, […]

Does Being Exposed To Asbestos Give Me The Right To File A Mesothelioma Lawsuit In Louisiana?

April 1, 2016 by Louis Gertler

Unfortunately, just being exposed to asbestos is not a viable cause of action for a mesothelioma lawsuit. You would have to be diagnosed with mesothelioma. Once the diagnosis is confirmed, an individual has one year from the date of the diagnosis to file a lawsuit. In cases where the mesothelioma victim has died, the spouse or […]

When Should You File A Lawsuit In Louisiana If Diagnosed With Mesothelioma?

April 1, 2016 by Louis Gertler

A mesothelioma diagnosis is a devastating and extremely emotional experience for the patient and their family member. However, it is important to work with an attorney and file a mesothelioma lawsuit soon after the diagnosis so that the mesothelioma victim’s lawyers can get an expedited trial date before he or she becomes too sick to testify at […]

Time Period To File A Claim In The State Of Louisiana After Being Diagnosed With Mesothelioma

April 1, 2016 by Louis Gertler

In the State of Louisiana, the statute of limitation provides that after having been diagnosed with mesothelioma, an individual has one year from the initial diagnosis of mesothelioma to file a lawsuit. In addition, if a mesothelioma victim has already died, his or her spouse and other heirs typically have one year from the date […]

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