Asbestosis and mesothelioma can both be caused due to ingesting or inhaling microscopic fibers made of asbestos. However, they aren’t the same illness and both require different treatment approaches. The main difference between these conditions is that asbestosis is not considered a cancerous illness, while mesothelioma is.

It is important to note that anyone who is diagnosed with either of these diseases reflects about in what way they could have been exposed to these harmful fibers. Lawsuits against past employers for asbestos exposure are not uncommon. Consider speaking with an attorney near you if you suspect an employer or other party could have protected your exposure, but failed to do so.

Here, we discuss further the differences and similarities between asbestosis and mesothelioma: 

Why Asbestos and Mesothelioma Develop

Mesothelioma and asbestosis have the same cause, which is due to asbestos exposure. People who work in construction, industrial fields, electricians, miners, firefighters, shipyard workers, or power plant workers, are more vulnerable to asbestos exposure. Both these diseases have a latency period in which it may take upwards of forty years before symptoms of asbestosis and mesothelioma are observed and diagnosed.

Asbestosis develops as a result of scar tissue after asbestos fibers have built up in the alveoli. The alveoli is small sacs of air in the lungs where an exchange of carbon dioxide and oxygen occurs. Asbestosis worsens as time goes on, where more scarring accumulates and the lungs become more rigid. Mesothelioma develops when asbestos fibers get stuck in the lung lining. 

Symptoms of Both Diseases

When a doctor is examining a patient for mesothelioma or asbestosis, there are a group of symptoms that apply to both illnesses. Symptoms such as persistent coughing, weight loss, shortness of breath, and weight loss could be a sign of mesothelioma or asbestosis. However, patients with mesothelioma tend to experience more severe symptoms as the illness progresses.

A symptom that applies more to asbestos is when the fingers and nails have an abnormal, very rounded shape. Otherwise referred to as “finger clubbing,” this symptom occurs due to consistent low levels of oxygen in the blood. The nails slowly become softer, rounder, and wider. Patients with mesothelioma can develop clubbed fingers and toes as well, but it’s less common. 

Diagnosing Procedure

The process of diagnosing asbestosis and mesothelioma are both the same, in which the patient must have imaging tests done. Usually, the initial step entails a CT scan or x-ray, so the doctor can look at how the patient’s lungs are affected. On the imaging, excessive white areas in the lungs could be a sign of illness. Blood tests and a biopsy may also be conducted, particularly for those with possible mesothelioma, to identify the presence of cancerous cells. 

The pain and suffering and medical bills associated with a mesothelioma or asbestosis diagnosis can be profoundly expensive. As stated above, if you or someone you loved was diagnosed with mesothelioma or asbestosis, then it’s in your best interest to speak with a lawyer, like a personal injury lawyer from Wieand Law Firm, to see if compensation can be sought from the party responsible for the exposure. 

Sasha Baron Cohen’s Borat movies are popular with fans of Cohen’s cringe-worthy satire.  They have also been popular targets for lawsuits.  Baron Cohen and the producers of the two Borat films, Borat:  Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan and Borat Subsequent Movie Film, have been sued at least seven times.  In the movies, Baron Cohen plays Borat, a clueless and crude journalist from Kazakhstan.  Baron Cohen lures unsuspecting subjects into embarrassing situations, as his Borat character pretends to be on a quest to learn about American culture.  Several people, unhappy with their unflattering portrayals in the movies, have filed suit, claiming to have been tricked into unwittingly participating in the movies.

To date, the lawsuits have achieved only limited success.  While Baron Cohen clearly does not warn his subjects that his intent is to embarrass them in a film that will be widely viewed in the United States, Baron Cohen does have his subjects sign a release before filming.  Presumably, Baron Cohen allows his participants to have the impression that he is filming a documentary that will be shown in Kazakhstan, while the release allows Baron Cohen and his studios broad rights to use the footage.

Following the release of the first film in 2006, Baron Cohen and 20th Century Fox were sued by an Alabama etiquette coach, Kathie Martin, who accused Baron Cohen of “tricking her into being a part of a childish prank.”  Martin, perhaps one of the more sympathetic plaintiffs in the lawsuits filed against Baron Cohen, engaged in a futile attempt to teach Borat Southern manners, only to bring Borat to a dinner party where he defecated into a plastic bag .  Citing the language in the release signed by Martin, the Alabama Supreme Court dismissed the lawsuit, although one of the justices expressed sympathy for the fact that Martin had been exposed to “boorish and offensive” behavior.

Baron Cohen and 20th Century Fox were also sued following the first film by two University of South Carolina fraternity brothers after the movie showed the fraternity brothers making sexist and racist comments.  Like Martin, the fraternity brothers claimed that they had been tricked into participating in the movie, contending they had been told that the film would not be shown in the United States. They also claimed that Baron Cohen took advantage of their intoxication.  Again, this suit was dismissed based on the release language. 

Some scenes in the first Borat movie were filmed in the village of Glod, Romania.  For their appearance as extras in the film, villagers received $70 to $100 each, although some people received as little as three lei (the equivalent of $1.28 at the time).  After learning of the success of the movie, villagers filed suit, seeking $83 million in damages.  The lawsuit was dismissed in 2006 and again in 2008.

One lawsuit that achieved some success was filed by a Macedonian singer, Esma RedZepova, who alleged that one of her songs had been used in the movie without her permission.  She sued for $800,000  but was awarded approximately $26,000.

The most poignant story about litigation arising out of the Borat movies involves a lawsuit filed by the daughter of a Holocaust survivor over her mother’s appearance in the 2020 sequel.  In the movie, Borat interviews Holocaust survivor, Judith Dim Evans, and espouses anti-Semitic and Holocaust-denying views.  Rather than reacting with justifiable anger, Evans tries to explain, with patience and kindness, why Borat’s views are wrong.  It is one of the few instances in the Borat films where a participant in the film is portrayed favorably.  Unfortunately, Evans passed away before the movie was released.  Concerned that her mother was made to be the butt of one of Baron Cohen’s jokes, Evans’ daughter filed suit prior to the release of the film, contending that Baron Cohen and Amazon had misappropriated her mother’s likeness.  In the suit, Evans’ daughter sought an injunction, requiring Amazon to remove Evans from the film.  Ultimately, Baron Cohen, who has made combating Holocaust denial a personal cause, dedicated the movie to Evans.  Baron Cohen also helped create a website in Evans’ honor and Amazon is developing bonus content for the film that will tell Evans’ Holocaust story.  The lawsuit was dismissed.

If you believe you have a strong case for injury, find out more about your options by, contacting a personal injury lawyer in Sebastian, FL, like from Tuttle Law, as soon as possible.

Personal Injury Lawyer

In most accidents that result in injuries, someone is found at fault. If someone else was responsible for causing your injuries, it can make the claims process a little more straightforward, as you’ll turn to their insurance for compensation. However, what if no one is at fault for your injury? Who do you turn to for compensation then? The answers are usually simple, mainly because you can generally find fault, even if it is just your own. Here’s how fault is determined and what it means for your case.

Negligence and Fault

Fault for any injury is determined by the negligent actions of one or more of the parties involved in the accident. For example, if a driver was texting and they rear-ended another car, causing whiplash in that driver, the texting driver’s negligence would make them at fault. To file a claim with that person’s insurance, you must be able to prove that they were negligent and that their negligence caused the accident that led to your injuries.

Proving Negligence

Proving another’s negligence is a tricky task. To do so, you must provide evidence that confirms the other person’s negligence. For the texting driver, you may be able to speak to witnesses who can confirm the driver was texting just before the crash. The more evidence you give, the greater chance your claim has of success. If there is any doubt about who was at fault, the insurance company may refuse to compensate you.

No-Fault States

Most states have different laws for determining fault. Some split the fault between the two parties if both were partially at fault, while others are no-fault states. If you live in a no-fault state, you can only file a claim with your own insurance, even if another person caused your injuries.

When No One Is at Fault

If it seems like no one was at fault for your injury, take another close look at the situation. Slips and falls may appear innocent, but they can actually be the result of a company not properly maintaining the building or warning passersby of hazards. You may discover that your employer, another driver, or a company can be filed against for compensation.

If you are unclear about who is at fault for your injury, reach out to a personal injury lawyer, like from Barry P. Goldberg. They can help settle the facts about your case and create a strong claim to get you back on your feet.

Personal Injury Lawyer

Several cases from the Virginia Supreme Court have held that treating physicians may testify regarding their impressions and conclusions formed while treating a patient, that deviations from the medical records does not render testimony inadmissible, and that only testimony constituting a diagnosis must be stated to a reasonable degree of medical probability, as a medical malpractice lawyer, such as from The Law Offices of Ryan Quinn, PLLC, can explain.  

In Pettus v. Gottfried, 269 Va. 69 (2005), the Virginia Supreme Court held admissible under Code § 8.01-399 a treating cardiologist’s testimony that a patient’s change in mental status “could have been” a central nervous system problem. Id. at 77-78. Although the cardiologist’s statement was not rendered within a reasonable degree of medical probability, the court held that the testimony was admissible because it did not constitute a diagnosis. Id. at 78.  The court characterized the testimony as “factual in nature,” and determined that the testimony merely explained the physician’s impressions and conclusions formed while treating the patient.  Id. at 77-78.  The court also disagreed with the contention that the cardiologist’s testimony was inadmissible since it deviated from the entries in the medical records.  The court held that since the medical records mentioned the possibility of a central nervous system embolic event, any distinction to be drawn between the written entry and the cardiologist’s testimony did not affect the admissibility but was a proper subject for cross examination.  Id. at 78.

Similarly, in Holmes v. Levine, 273 Va. 150 (2007), a medical malpractice case against a radiologist, the Virginia Supreme Court considered the medical testimony of a treating urologist to determine whether that testimony involved the rendering of a diagnosis.  Id.  At issue were the portions of § 8.01-399 referring to “diagnoses, signs and symptoms, observations, evaluations, histories, or treatment plan” that are “contemporaneously documented during the course of the practitioner’s treatment” and the requirement that a diagnosis must be “offered to a reasonable degree of medical probability” in order for it to be admissible at trial.  In Holmes, the urinalysis report indicated a “trace” of blood in the plaintiff’s urine.  Id. at 163.  In testimony later elicited by defense counsel, the urologist testified that she “did not think that an occasional red blood cell would qualify for microscopic hematuria.” Id. at 157.  The court held that this statement was not a medical diagnosis but was merely the urologist’s “impression,” formed during the plaintiff’s treatment, and was not her present medical expert opinion about the clinical significance of the results of the urinalysis.  Id. at 162.  The court also found that any distinction between the documentation in plaintiff’s medical records and the urologist’s testimony “did not affect the admissibility of the testimony but was a proper subject for cross-examination of the witness.”  Id. at 163.

And, in Graham v. Cook, 278 Va. 233 (2009), the Virginia Supreme Court considered the challenged testimony of Graham’s two radiologists.  Id. at 244.  At issue were statements that there was a “possibility of avascular necrosis,” that “avascular necrosis cannot be excluded,” that there was a “suspicion for avascular necrosis,” and a bony defect suggested a “fracture and avascular necrosis.”  Id.  The Court concluded that the challenged statements were factual in nature and related the physicians’ impressions and conclusions formed when treating plaintiff.  The court found that as factual impressions formed during these doctors’ treatment of plaintiff, the challenged findings were analogous to the statement from the treating cardiologist in Pettus that the patient’s change in mental status “could have been” a central nervous system problem, and the statement from the treating urologist in Holmes that she “did not think that an occasional red blood cell would qualify for microscopic hematuria.” Id. at 244-45.  The court further found that statements did not constitute diagnoses because they did not purport to identify specifically the cause of plaintiff’s health condition based on his signs and symptoms.  Id. at 245.  Therefore, because the statements did not impart a diagnosis, the statements were admissible under Code § 8.01-399(B), regardless of whether they were stated within a reasonable degree of medical probability.  Id.

If you’ve been injured and are wondering if you have a strong legal case, don’t wait to talk with a personal injury lawyer. Contact a law firm today for a consultation.

Filing a wrongful death lawsuit can be a difficult process as you work to move through the grief of an unexpected passing, but when the person lost is a child, the emotions involved can be even more intense. You may feel confused, angry and unsure how to proceed from a legal standpoint, but one of the first steps to take is to find out whether your relationship with the deceased child gives you the right to file a lawsuit with the assistance of a wrongful death attorney, like from David & Philpot, P.L.

Parents 

As the mother or father of the deceased child, you have a right to file for wrongful death and collect money from the proceedings. Your marital status may affect a lawsuit, so you may want to consider several factors before you proceed, such as:

• Which parent will file 
• How you will split any award granted 
• How custody might affect the disbursement of compensation 

Your attorney can help you understand your rights as a parent in your state of residence and how to file on behalf of your child.

Grandparents 

If you are the grandparent of a child who died due to the neglectful actions of another, then you may have the right to file a lawsuit depending on your legal relationship with him or her. Parents must sue in most cases, but if you were the legal guardian of the child, you may be able to file. Some states have their own laws concerning grandparents and these types of lawsuits, so you may want to consult your attorney before you file.

Legal Guardians 

Adoptive parents and other legal guardians are viewed as parents of a child in the eyes of most courts, so this relationship usually gives you the right to sue for a child’s wrongful death. You may have to prove guardianship in court before you can build your lawsuit, as having a child live or foster with you may not qualify. In most cases, guardianship must be legally recognized and documented.

Executors 

If you are the executor of a child’s estate, then you may be able to bring a wrongful death lawsuit against the party you believe to be responsible. This circumstance can come with a variety of exceptions and caveats, so you may want to look into your rights with an attorney before you proceed.

Losing a child due to someone else’s neglectful actions can be a devastating blow, but you do not have to face the future alone. Call an attorney today for further advice and information.

If you’ve been injured in an accident that wasn’t your fault, then you know what a life-changing event that can be. If you decide to pursue a personal injury claim, you might wonder how much your case is worth. The best way to know how much your case is worth is to know how much your “damages” are. 

What are Damages?

“Damages” is a legal term for the money awarded to a party in a lawsuit based on a monetized calculation of the injuries they sustained. Some injuries are easy to translate into money. For example, medical bills and lost wages already come with dollar amounts. Other injuries, like pain and suffering, can be a bit harder to monetize.

Special Damages

The damages that are easily calculable are often called “special damages.” These damages are easy to assign a dollar amount to because they are derived from things like:

• Automobile repair bills
• Medical bills
• Future medical bills
• Therapy bills
• Lost wages (calculated from your salary)

Special damages are pulled straight from the actual dollar amounts assigned to your bills and statements. If you want to know how much the special damages are worth in your case, you need to only look at the actual numbers. Things are a little less clear when future costs must be calculated, but those numbers can be assessed through expert witnesses (professionals in their field) and past evidence (previous bills, for example).

General Damages

General damages intend to compensate a party for loss or injury that is not easily calculable. Common general damages include:

• Physical pain and suffering

• Mental pain and suffering

• Physical disfigurement or impairment

• Loss of companionship

• Lower quality of life

The dollar amount awarded for general damages varies greatly from case to case. 

Punitive Damages

Rare, and used in instances of extreme neglect, punitive damages award extra money on top of the special and general damages and are intended to punish the party responsible for the injury or loss. If an injured party shows that the responsible party was so grossly negligent in causing the accident, the court may award punitive damages. 

Will I Have to Pay Taxes?

The general rule is that settlements or awards in such cases are intended to compensate the plaintiff for a loss that has already been sustained. As a result, that money is not treated as new income, and is therefore not considered taxable income by the IRS. However, as with everything, there are exceptions to the general rule. It would be best to consult a personal injury attorney.

Hire a Personal Injury Attorney

How much your case is worth will depend on the specific facts of your case. If you’ve been injured in an auto accident, let an experienced lawyer, like a personal injury lawyer do the calculating for you. He or she can help you understand what sort of damages you may be entitled to and will fight to make sure you receive fair compensation for your injuries.

Personal Injury Lawyer

When you hear the terms “joint venture” and “partnership,” they might initially sound quite similar. Digging deeper into what each of them are, you’ll quickly realize they’ve got many differences. When you deal in the business world, you’ll need to understand those differences. The following are four to get you started.

The People or Entities Involved

When it comes to a partnership, there are typically only people involved. Many partnerships have just two people, but there are plenty that have more than two. These people get together to form an association with the intent to open and operate a business.

Joint ventures are different in that entities can be one or more of the parties involved. People can be a party as well, but it is not limited to just individuals. You can find joint ventures that include government entities, businesses and corporations.

The Reason for the Venture or Partnership

The reason people join a partnership is to run a business and make a profit. The end-goal is wealth for both the partners and the company.

The reason people and entities join a joint venture is not always for the purpose of making a profit, though that could be one goal. Often times there is another specific goal in mind. For example, an agricultural university might enter a joint venture with a farming company to come up with an organic fertilizer that improves farming production.

The Legalities to Create the Venture or Partnership

When you enter into a partnership, you and your partners will come up with a partnership agreement that lays out the terms of everything involved. It will discuss profits, losses, percentage of control, processes of leaving the partnership and other similar issues.

When you enter into a joint venture, an agreement may not exist. If it does, it will generally be straightforward and address the specifics of the reason for joining together. It may list an end-date, or it may just state that it’s a temporary agreement.

The Accountability

When entering into a partnership, you have less accountability when the other partner does something wrong. Your agreement is long-term, but you don’t have to hold the blame for something your partner messes up on.

When entering a joint venture, you have more accountability if one of the parties commits a crime or does something else incorrectly. This makes a joint venture a bit riskier than a partnership.

Getting Started With a Lawyer

Whether you’re considering a partnership or a joint venture, you need to have someone on your side who can protect your interests. Contact a business lawyer, such as from Brown Kiely, LLP, to get started.

Personal Injury Lawyer

When someone is injured in an accident, it can have serious repercussions for one’s life. If you have found yourself in this situation, you may be looking for a way to pay your medical bills. If your health insurance provider already paid for some of your medical bills, are you allowed to sue the responsible party?

If you have already settled your insurance claim and your health insurer has paid for your medical bills, you typically can’t sue for more. Settling an insurance claim is a binding contract that generally prohibits you from seeking more compensation from the at-fault party. There are some exceptions to the rule, and you should understand those to see if you still have a shot at more.

A Fraudulent Settlement

There are some cases in which you enter into a settlement under false pretenses. If the insurance company offered your settlement in bad faith, it’s possible you can still seek for more compensation, but you’ll first have to prove the settlement was fraudulent. A personal injury lawyer can help you make the determination and file a lawsuit against the responsible party if you find yourself in this situation.

Suing a Third Party

It’s possible there’s a third-party individual or entity that is partially responsible for your injuries. In such a case, you may be able to sue that party, even if you have already settled with the insurance company. If you’re unsure whether there’s someone else responsible, your attorney may be able to help you track down a third party. If you find one or more responsible parties, you may be able to seek compensation from them.

For example, perhaps you were in a car accident with someone who was uninsured. Your health insurer may have covered your medical costs. Later, your car manufacturer might recall a part on your car, at which time you might discover that defective part played a role in your accident. You may be able to file a lawsuit against the parts manufacturer or the car manufacturer.

Learning More

Every situation involving an injury is unique and will require a fresh set of eyes to determine if you can file a lawsuit after receiving a payout from health insurance. It’s possible the insurer will put a lien on your settlement if you do sue another party, so keep that in mind as well. To learn more, call a personal injury lawyer, with experience dealing with situations similar to your own.

Personal Injury Lawyer

You are vulnerable when standing trial. Prosecutors and investigators seem out to get you, and your defense team can seem disinterested in claims being made. However, most feelings of conspiracy are unfounded. Your attorney is doing the best they can to protect you from a maximum sentence, but sometimes their approach will appear different from yours. It is not uncommon for a defendant to question the loyalty and accuracy of their attorney, especially in felony cases. Thankfully, if trust has eroded past the point of fixing, you may not have to stick with your current defense strategy or team.

Private Lawyers and Law Firms

Removing a lawyer and re-strategizing is much easier when dealing with a private attorney or law firm. When you hire an attorney, you sign a contract with that lawyer or firm. In the agreement, you will often find a termination clause, stipulating under what grounds you can fire your lawyer. Many law firms do not require any grounds for termination. However, if you let your attorney go mid-trial, you must pay for their time and effort.

Court-Appointed Attorneys

The process for removing a court-appointed attorney is not as simple as hiring someone new. You need to request a replacement from the court, but you must stipulate the cause. If you do not show an adequate reason for a replacement, the court may deny your request. A judge may also deny your request if they feel that a new attorney would hurt your case or bias a jury against you. A judge may also be reluctant to grant new representation if you are further along in your trial.

Judges and Juries

Criminal trials are not only reliant on facts but perception. While a judge knows to limit their focus to only the evidence, a jury is not as enlightened, especially with legal team changes. To protect the integrity of the trial and the perception of a defendant with a jury, a judge can intervene if they feel changes in defense tactics or personnel could lead to a mistrial.

You have a right to a defense of your choosing, in most instances, but removing lawyers from a trial is not always easy. Obviously, a private firm will provide more flexibility, but a public defender may restrict your options. However, whether private or court-appointed, know that your lawyer is looking out for you. Contact a criminal lawyer, like a criminal defense attorney from the Morales Law Firm, for more information.

Personal Injury Lawyer

A will is a legal document that outlines who gets your assets after you die. There are many myths about wills. We’re here to combat your arguments.

I Can Just Tell My Family What To Do or Create My Own Will.

Many people think they can write out their own will or just give verbal instructions. Crafting your own will can be fine, but if it doesn’t hold up to legal standards, you’ve just wasted your time. Giving your family instructions is fine, too. There’s no guarantee that your family will abide by your wishes. Having a legally binding will ensures your wishes are carried out.

There Will Be a Reading of the Will.

The reading of the will is a plot device for movies and books. It’s rare that you’ll find a reading of the will in real life. Your family can read the will if they choose, but anyone who wants to go to probate court can look up the information. A reading of the will was important in days past when information was hard to access. The funeral might be the only time distant relatives visited. Today, there are more avenues.

Only Old or Wealthy People Need a Will.

Tomorrow isn’t guaranteed for anyone, regardless of age. It’s not fair, but it’s true. You should have an estate plan, whether you’re 22 or 82. Sure, your estate plan at 22 will be widely different than that of an older person, but you still have possession that will need to be dealt with upon your death. If you’re living with a domestic partner, that person may not inherit anything unless you have a will.

I’ll Just Let The Government Take Everything.

Dying without a will doesn’t automatically give the government your belongings. The court must still abide by state laws that determine who inherits. Laws of intestate succession predetermine who gets your property. Generally speaking, the order is spouse, children, parents, siblings, aunts and uncles, and nieces and nephews.

I Can’t Be Bothered With Making an Estate Plan.

A lot of people think that creating an estate plan will just make more problems. It’s too time-consuming and costs too much. If you don’t spend time on your estate plan and will, it’s your loved ones who will pay. Probate court will determine how your estate is divided. You will probably have to give an executor a fee for managing your estate. It can take time to get the inheritance, as it must go through a process.

Make an appointment today with an estate planning lawyer, like an estate planning lawyer from Klenk Law.