Gallbladder Cancer Due to Asbestos?
Gallbladder cancer affects the biliary tract. It’s one of a group of gastrointestinal cancers (that is, cancers of the digestive system or the intestinal tract) that includes colon, rectal, liver, pancreatic, and stomach cancer. These are invasive cancers notoriously difficult to spot and treat.
Asbestos and gallbladder cancerSeveral factors can increase the risk of gallbladder cancer: age and sex (women past 70), race (Mexican Americans and Native Americans are more likely to get gallbladder cancer than the rest of the population), gallstones, polyps, smoking. Exposure to known toxic agents, such as those in the metal, rubber, or construction industries, is thought to increase the risk.
The role of asbestos in gallbladder cancer is somewhat controversial, as some studies failed to show causation between asbestos exposure and gastrointestinal cancers. However, several other studies (mainly a 1985 and 2005 one) have shown an elevated incidence of gastrointestinal cancers in those exposed to asbestos.
If, in your work history, you were exposed to asbestos at any point and have been diagnosed with gallbladder cancer, talk to an attorney who can determine, for free, if you are eligible for an asbestos testing and an asbestos trust fund claim.
Find out more about gallbladder cancer: https://www.elglaw.com/gallbladder-cancer/
How do asbestos trust funds work?Asbestos was used industrially beginning in the late 19th-century, in hundreds of products such as fire resistant gaskets, insulation, roofing, fire retardant coatings, etc. Although, as early as the beginning of the 20th-century, suspicion existed that asbestos is a dangerous product, it was used for much of that century. Only in the past decades has the case been made for proper compensation to be granted to those whose exposure to asbestos has caused severe disease, disability, and death.
Due to the numerous litigations, companies that worked with asbestos increasingly found they could not afford to pay damages to all plaintiffs exposed to asbestos and eventually developed serious diseases. As a consequence, they filed for Chapter 11 bankruptcy protection. Further safeguards made sure that the companies would not default on the settlements owed to plaintiffs, and so these companies had to set up Asbestos Trusts under 524(g), which would have to be endowed with enough funds to cover current and future settlements. Asbestos trusts are now worth well over 30 billion dollars.
If you were exposed to asbestos and have developed gallbladder cancer, or if a member of your family died because of gallbladder cancer and was exposed to asbestos at their workplace, you are probably entitled to a settlement out of these funds. You have the right to an amount that depends on how severe your condition is. You must also prove a demonstrable link to an underlying asbestos-related disease, such as asbestosis, pleural plaques, asbestos fibers in your lungs, etc. Trust funds will check your claim and conduct their examination into your medical and personal history.
Learn more about asbestos trust funds: https://www.elglaw.com/faq/how-do-the-asbestos-trust-funds-work/
Eligibility for asbestos trust fundsEligibility for payment out of asbestos trust funds depends on a few essential factors:
1. The statute of limitations. Once you (or your loved ones) have been diagnosed, you must submit the claim within a set period. Usually, this is 12 to 24 months, depending on the asbestos fund and the state where you are filing the claim. Since asbestos-related diseases can become apparent only long after the actual exposure has taken place, it is tough to know how you fit in these windows of opportunity. It is best to consult an attorney throughout this process since you will need help at several stages of the process.
2. Medical diagnosis. You must be able to produce pathology tests showing gallbladder cancer and asbestos in your lungs or tissue lining, and radiology scans to document your disease. You must show medical affidavits attesting to your condition and to the fact that asbestos contributed to it. Trust funds sometimes require corroboration through pulmonary function tests and B-readings to check on your claim.
3. Proof of exposure. Anything you can bring up to document your employment with a company and its use of asbestos is useful. Show employment records, invoices, signed witness testimonies to prove that you worked there and were consistently exposed to asbestos in your job. Use company records and public records to demonstrate asbestos in use or produced by the firm.
See our process: https://www.elglaw.com/process/
What to knowIf you or your loved ones are ill and cannot afford to wait for the regular processing of the claim, you can choose the expedited review. This procedure will grant you fast payment, but of a lower amount of the settlement.
For mesothelioma, which is the most severe and well-documented asbestos-related disease, agreements begin at about $260,000. The actual amount for gallbladder cancer will be so lower, since the link is harder to prove, and will depend on the medical condition, the demonstrable link to an underlying asbestos-related disease and the timely presentation of a complete and convincing claim.
Once your settlement is awarded, it cannot be lowered, but it (sometimes, rarely) can be trued up, reviewed up to a higher amount if the percentage you were paid is recalculated.