What is an Asbestos Lawsuit?

An asbestos lawsuit is a means for a victim and their family members to receive compensation from the companies that caused their exposure. Compensation may take the form a jury verdict or settlement.

An experienced mesothelioma attorney will be able to determine which lawsuit is the best one for your situation. The process begins by filing an initial complaint. Defendants have a limited time frame to respond.

Mesothelioma

Mesothelioma is a type of cancer, affects the tissue layer that covers most of the internal organs in the body. It is caused by exposure to asbestos. The disease is usually found in the lungs, but can also affect the stomach lining, the heart, and testicles (peritoneal mesothelioma, also known as pleural). The condition is uncommon, but aggressive and usually fatal.

Most people who suffer from mesothelioma ingested asbestos dust at work. The disease can take years to develop and symptoms might not manifest for several years. In most cases, the first sign is shortness of breath or chest pain. Mesothelioma is not curable however, there are treatments to relieve symptoms and prolong the life.

Mesothelioma is diagnosed based on a patient's medical history, physical exam, and laboratory tests. It is essential to inform your doctor about any asbestos-related exposure history, as it can increase the risk of developing mesothelioma.

Symptoms of mesothelioma are not necessarily specific and could be mistaken for other diseases. The initial signs include chest pain, a shortness of breath, and a dry cough. They are similar to the symptoms of lung diseases such as pneumonia or bronchitis. This makes mesothelioma very difficult to identify. Many patients are diagnosed in the later stages of the disease, when the disease is more difficult to diagnose.

Scientists have identified a variety of factors that influence the development of mesothelioma. The exposure to asbestos is the most well-known factor. However, other environmental pollutants, such as cadmium and arsenic can also cause the disease.

The three forms of malignant mesothelioma are based on which cells are affected. Pleural mesothelioma which is the most frequent type of disease is the most prevalent. It is found in the lining of the chest cavity and lungs (pleura). Peritoneal mesothelioma is less common but is still a serious condition. It is found in the stomach's lining (peritoneum). Testicular mesothelioma can be found in very few cases and occurs in the testicles.

Researchers continue to research the link between asbestos exposure and Mesothelioma. There is evidence that suggests that genetic mutations may influence a person's chances of developing the disease. Clinical trials testing medicines that target these mutations are ongoing.

Asbestos Litigation

In addition to the physical discomfort associated with asbestos-related illnesses patients often experience financial hardship due to loss of income. Asbestos suits aid victims in receiving the money they need to cover their expenses and improve their quality of life. The initial step of an asbestos lawsuit involves gathering evidence and identifying the primary defendants. This includes reviewing the work history of the victim and determining the way in which asbestos-related products caused their illness. A victim's trial team will then make a mesothelioma claim against the responsible companies and manufacturers.

The next step in an asbestos lawsuit is the discovery process. Interviewing colleagues and analyzing asbestos dust samples, as well as reviewing a victim's medical records or laboratory tests are all aspects of the discovery process. Once a complete database of employers, asbestos law products and vendors is created, possible defendants can be identified. This could take several years, dependent on the victim's job history, and involves interviewing family members, coworkers, abatement workers and reviewing various records, including Social Security, tax, union and employer documents.

During the discovery phase, asbestos and other defendants could bring procedural motions in order to disqualify the plaintiff's claim. These motions are usually made based on technical issues, and are contested by experienced attorneys.

Once a trial date is set, victims have to prove their injuries before a jury. This can be a challenging task because mesothelioma, and other asbestos-related diseases are difficult to determine. The victim must be able prove that exposure to asbestos caused the disease and that it was a direct consequence.

Asbestos lawyers can provide a convincing argument for their clients based on their extensive experience in this particular area of law. They can also negotiate directly with insurance companies and address the defenses raised in the court by defendants. This will ensure that their clients receive an equitable settlement.

Many asbestos cases are classified as mass torts because they involve large groups of victims against multiple defendants. The Judicial Panel on Multidistrict Litigation has taken on thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. This litigation is currently taking place in the Eastern District of Pennsylvania.

Class Action Lawsuits

Asbestos exposure is so widespread in the United States that most people have been exposed to it at some point or another time. It takes repeated and prolonged exposure to asbestos before it can cause serious diseases like mesothelioma. The time between the initial exposure to the diagnosis of mesothelioma might range between 10 to 60 years.

The asbestos industry is involved in a variety of class action lawsuits. The most well-known case was that of Borel v. Fireboard Paper Products Corporation which set the precedent of the strict liability of asbestos producers. In the early cases, families sought compensation for a deceased loved one from the companies that manufactured asbestos-based products.

Asbestos is made up of fibrous minerals found in nature. Asbestos was a sought-after building material during the 1920s and into the 1960s because it was fire, heat, and corrosion resistant. It's also tough and affordable. Asbestos is used in many different construction projects, such as sprayed on fire and sound insulation, pipe coating, ceiling tiles, floor tiles, and roofing and siding shingles.

Asbestos is a powerful carcinogen that is capable of causing asbestosis mesothelioma, and lung cancer. These diseases result from asbestos fibers that enter the lungs over a long period of time, causing inflammation and scarring.

In some cases asbestos can release into the air when asbestos-containing materials are disturbed. This could happen in commercial, military, and residential buildings, and also in bridges, highways and ships. The Environmental Protection Agency regulates asbestos removal, and provides guidelines on proper handling, disposal and testing of contaminated material.

In certain cases families of mesothelioma sufferers have sought compensation from corporations that manufactured asbestos-based products in the belief that they were negligent in their marketing and product development practices. Mesothelioma sufferers have a 90% mortality rate and is therefore a fatal disease. It is crucial that victims seek compensation. A mesothelioma lawyer can help victims along with their families and loved ones through the process suing negligent asbestos manufacturers.

Compensation

Many asbestos victims can receive compensation for medical expenses as well as lost wages and suffering. The amount of compensation varies according to a variety of factors which include the severity of each victim's illness and the length of time between exposure and diagnosis.

Anyone diagnosed with mesothelioma, or other asbestos-related diseases are often eligible for large financial rewards. Asbestos attorneys can help determine compensation eligibility. They can review a patient's medical records as well as the work history and locations where they worked. They can then analyze information on thousands of workplaces and asbestos products to determine how and which areas a person was exposed to asbestos.

After gathering this information, lawyers will file a suit against an asbestos or trust fund manufacturer. This is generally done at the state level. Most mesothelioma cases end up being resolved by an asbestos settlement, instead of a trial. A lawyer who specializes in asbestos usually negotiates the settlement with a client within 90 days.

When negotiating an asbestos settlement, attorneys take into consideration the extent to which each client has been affected by their disease and what the total cost of treatment will be. They take into consideration a range of costs, from transportation expenses to assistance at home and complementary therapies. They also look at how much income and other assets a victim has lost.

It takes 10-50 years for symptoms to appear, so most people diagnosed with mesothelioma are in their 70s. However, people in their 40s or 50s can also suffer from asbestos-related illnesses. Asbestos victims may be able recover compensation from the companies that exposed asbestos as asbestos law trust funds and even insurance companies who have assumed the responsibility of asbestos manufacturers.

Treatment of asbestos-related diseases and mesothelioma may be costly. It can also be a very lonely experience for people who are affected. A reputable mesothelioma lawyer can help ensure that each victim receives the maximum amount of compensation they deserve. In certain instances, the amount received is in the thousands of dollars. Asbestos victims families whose loved ones have passed away from mesothelioma, or an asbestos-related disease, may pursue wrongful-death suits against the person responsible.