What is an Asbestos Lawsuit?

An asbestos lawsuit can be a way for the victim or their family members to obtain compensation from the companies that caused their exposure. The compensation could come in the form of a jury verdict or settlement.

An experienced mesothelioma law firm can determine which type of lawsuit is suitable for your situation. The process begins with filing an initial complaint. The defendants have a specific time to respond.

Mesothelioma

Mesothelioma is a type of cancer, affects the thin tissue layer that covers the majority of the internal organs of the body. Exposure to asbestos is the main cause. The disease often occurs in the lungs (pleural mesothelioma) but it can also occur in the stomach the lining (peritoneal mesothelioma) as well as the heart and testicles. The condition is uncommon but severe and often fatal.

The majority of people with mesothelioma inhaled asbestos dust at work. It takes a long time for the disease to develop, and symptoms may not appear for years after exposure. In the majority of cases, chest pain and breathlessness are the first signs. Mesothelioma is not curable however there are treatment options to relieve symptoms and prolong the life span.

A patient may be diagnosed with mesothelioma based on medical history, physical examination and laboratory tests. It is important to discuss any past exposure to asbestos with your doctor in order to reduce the risk of developing the disease.

The symptoms of mesothelioma can be confused with other diseases. The first signs are shortness of breath, chest pain, and dry cough. These are similar to those of lung diseases such as pneumonia or bronchitis. This makes it difficult for doctors to diagnose mesothelioma. Many patients are diagnosed in the later stages, which means that the disease is more difficult.

Scientists have identified a number of factors that can be responsible for the development of mesothelioma. The most frequent cause is asbestos exposure. Other contaminants in the environment, such as arsenic and cadmium can be a cause of this disease too.

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

Researchers continue to research the connection between asbestos exposure and mesothelioma. Some evidence suggests that gene mutations can affect the probability of developing mesothelioma. In ongoing clinical trials, researchers are testing medications that target mutations in genes.

Asbestos Litigation

In addition to the physical suffering associated with asbestos-related illnesses patients often experience financial burdens due to the loss of income. Asbestos suits assist victims in getting the compensation they need to pay their bills and restore their quality of life. The first step in an asbestos lawsuit is gathering evidence and identifying the main defendants. This involves analyzing the history of work done by the victim and determining if asbestos-related products contributed to their condition. A victim's team will then start mesothelioma lawsuits against responsible companies.

The next stage in an asbestos lawsuit is the discovery process. Interviewing co-workers and analyzing asbestos dust samples, as well as reviewing victim's medical documents or laboratory tests are all part of the discovery process. Once an inventory of employers, vendors and products is created it can be used to identify potential defendants. It could take a long time to complete this process depending on how long the victim has been employed. This includes interviewing family members, coworkers, abatement workers, and reviewing various records, including Social Security, union, tax and employer documents.

During the discovery stage, asbestos and other defendants might make procedural motions to dismiss the plaintiff's case. These typically center on technical issues and are contested by skilled attorneys in a timely manner.

After a trial date has been set, the plaintiffs will have to demonstrate their injuries before the jury. This is a challenging job, as mesothelioma along with other asbestos-related diseases are difficult to detect and can have a long duration of latency. The victim must be able prove that exposure to asbestos was the reason for the condition and that it was a direct consequence.

Asbestos trial lawyers can build an impressive case for their clients based on their vast knowledge of this area of law. They are also able to negotiate directly with insurance companies, and deal with the defenses made in the court by defendants. This will ensure that their clients get an equitable settlement.

Mass torts are often used to describe asbestos cases due to the fact that they involve large groups of injured against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. The litigation is ongoing in the Eastern District of Pennsylvania.

Class Action Lawsuits

In the United States, asbestos exposure is so widespread that nearly all people have been exposed at some point. It takes an extended and repeated exposure to asbestos before it can cause mesothelioma-related illnesses that are serious. The latency period between exposure and diagnosis of mesothelioma can vary from 10 to 60 years.

The asbestos industry has been implicated in a number of class action lawsuits. The most well-known instance was that of Borel v. Fireboard Paper Products Corporation which established the precedent of strict liability for asbestos producers. In the early cases, Asbestos families demanded compensation for a dead loved one from the companies that made asbestos-based products.

Asbestos is composed of fibrous minerals that are found in nature. Asbestos was a well-known building material during the 1920s and into the 1960s due to its heat, fire and corrosion-resistant. It is also durable and inexpensive. Asbestos has been used in a variety of different construction projects, such as applied to fire and sound insulation, pipe coating, floor tiles, ceiling tiles, roofing and siding shingles.

Asbestos is an extremely carcinogen that can cause asbestosis, lung cancer and mesothelioma. These diseases result from asbestos fibers that can enter the lungs for an extended period of time and cause inflammation and scarring.

Asbestos may be released into the air if asbestos-containing materials are disturbed. This could happen in commercial, military and residential structures, as well as on bridges, highways, and even ships. Asbestos removal is regulated by the Environmental Protection Agency, which has guidelines on the proper disposal, handling and testing of contaminated materials.

In some cases, families of victims of mesothelioma have sought compensation from corporations who manufacture asbestos-based items. They claim that the companies were negligent in their product development and marketing. Mesothelioma has a 90% mortality rate, making it an incurable disease. It is imperative that patients seek compensation. A knowledgeable mesothelioma attorney will assist victims and their loved relatives through the entire process of seeking compensation from negligent asbestos producers.

Compensation

Many asbestos victims are entitled to compensation for a wide range of expenses, including medical bills, lost wages and suffering. The amount of compensation is determined according to a variety factors that include the degree of illness as well as the length of time between exposure and diagnosis.

Many people who are diagnosed with mesothelioma and other asbestos-related diseases may be eligible for substantial financial compensation. Asbestos lawyers can help determine compensation eligibility. They can look over a patient's medical records, asbestos work history and places they worked. They may then utilize information on thousands of asbestos-related sites and products to determine if and the place where an individual was exposed to asbestos.

After obtaining this information lawyers will then file a suit against an asbestos or trust fund manufacturer. This is usually handled at the state-level. Most mesothelioma cases end up being resolved via an asbestos settlement, instead of a trial. A lawyer who is specialized in asbestos will usually negotiate an agreement with the client within 90 days.

Attorneys look at the total cost of treatment and how much each client will suffer from their asbestos-related disease when negotiating the settlement. They consider the various costs involved that range from transportation expenses to assistance at home and complementary therapies. They also consider how much income and other assets that a victim was able to lose.

It takes between 10 and 20 years for symptoms to appear, so most people are diagnosed with mesothelioma within their 70s. However, those in their 40s and 50s may also suffer from asbestos-related diseases. Asbestos victims might be able to recover compensation from companies who exposed asbestos, asbestos trust funds, and even insurance companies that have assumed the responsibility of asbestos producers.

Mesothelioma and other asbestos-related illnesses are costly to treat. It can also be a very lonely experience for those affected. A reputable mesothelioma lawyer will help ensure each victim receives the full compensation that they deserve. In some instances, compensation could be in the millions. Asbestos victims of loved ones who died from mesothelioma or other asbestos-related illness, can bring a wrongful death lawsuit against the responsible party.