What is an Asbestos Lawsuit?

An asbestos law lawsuit is a means for the victim or their family to receive compensation from the companies responsible for their exposure.
Compensation may be in the form of a jury verdict or settlement.

A mesothelioma lawyer who has experience can help you choose the most appropriate kind of lawsuit for your case. The process begins by the filing of a complaint. The defendants are given a short time to respond.

Mesothelioma

Mesothelioma, a form of cancer, affects the tissue layer that covers most of the internal organs of the body. Exposure to asbestos can trigger the disease. The disease is usually present in the lungs but it can also affect the stomach lining, heart and testicles (peritoneal mesothelioma of the pleural).
The condition is uncommon, but it is aggressive and can be fatal.

The majority of people diagnosed with mesothelioma have been employed in positions where they inhaled asbestos dust. The disease can take years to be diagnosed and symptoms may not show up for years. In most instances, chest pain or shortness of breath are the first symptoms.
Mesothelioma is not curable However, there are treatments that can alleviate symptoms and prolong the life of patients.

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

The symptoms of mesothelioma could be mistaken for other illnesses. Early symptoms include chest pain, shortness of breath, and dry cough. These symptoms are similar to those associated with lung diseases like pneumonia or bronchitis. This makes mesothelioma very difficult to identify.
Many patients are not diagnosed until later stages of the disease, when it is more difficult to treat.

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

The three malignant types of mesothelioma are based on which cells are affected. Pleural mesothelioma which is the most frequent type of disease is the most common. It is found in the the chest cavity and the lungs (pleura). Peritoneal Mesothelioma, though less prevalent, is serious.
It is located in the interior (peritoneum) of the stomach. Testicular mesothelioma can be found in very few cases and occurs in the testicles.

Researchers continue to research the relationship between asbestos exposure and mesothelioma. There is evidence that suggests that genetic mutations can influence a person's risk of developing the disease. Clinical trials to test the effectiveness of drugs that target these gene mutations are ongoing.


Asbestos Litigation

In addition to the physical discomfort caused by asbestos-related diseases victims also face financial difficulties due to the loss of income. Asbestos suits aid victims in receiving the money they need to pay their bills and restore their standard of living.
The first step of an asbestos lawsuit is to gather evidence and identifying the primary defendants. This includes reviewing the history of work done by the victim and determining if asbestos-related substances caused their illness. The victim's trial team will then start a mesothelioma suit against the responsible manufacturers and companies.


The discovery phase is the next stage in a asbestos lawsuit. It involves interviewing colleagues as well as looking at asbestos dust samples, and reviewing the medical records of the victim and laboratory tests. Once a complete database of employers, vendors, and products is established, potential defendants are identified.
This could take several years, depending on the victim's employment background, and includes interviewing co-workers, relatives or abatement workers, and examining various documents that include Social Security, tax, union and Asbestos law employer documents.


During the discovery stage, asbestos and other defendants may submit procedural motions to dismiss the plaintiff's case. These motions are typically made based on technical issues, and are contested by experienced attorneys.

When a trial date has been set, victims will need to prove their injuries before a jury. This can be a challenging task since mesothelioma as well as other asbestos-related diseases are difficult to identify. The victims must prove that exposure to asbestos caused the disease and that the condition was a direct result of that exposure.


Asbestos lawyers can make a compelling argument for their clients based on their vast experience in this field of law. They are also able to negotiate directly with insurance companies and deal with the defenses made in court by defendants. This will ensure that their clients receive a fair settlement.



Many asbestos cases are referred to as mass torts because they involve large groups of injured individuals against multiple defendants. The Judicial Panel on Multidistrict Litigation has brought together thousands of asbestos cases into MDL 875, In Re Asbestos Products Liability Litigation. This litigation is currently 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 to it at some time or another. It requires a long-term and repeated exposure to asbestos for severe diseases like mesothelioma or lupus to develop. The time between initial exposure until diagnosis of mesothelioma might range between 10 and 60 years.


The asbestos industry has been implicated in a number of class action lawsuits. The most famous one was Borel v. Fireboard Paper Products Corporation. This case ruled that there was no strict liability for asbestos producers. In the beginning, families were seeking compensation for the death of a loved one from companies that produced asbestos-based products.


Asbestos is an assortment of fibrous minerals which are found in the natural world. Asbestos, which is resistant to heat, fire and corrosion, was a popular material for construction in the 1920s, and even in the 1960s. It's also durable and inexpensive. Asbestos was used in many different construction projects, including applied to fire and sound insulation pipe coating floor tiles, ceiling tiles, roofing and siding shingles.


Unfortunately asbestos has been identified to be a powerful carcinogen that is capable of causing mesothelioma, lung cancer, and asbestosis. These illnesses result from asbestos fibers that enter the lungs for a long period of time and cause inflammation and scarring.


Asbestos is released into the air if asbestos-containing substances are disturbed. This can occur in commercial, military and residential buildings as well as on bridges, highways and even ships. Asbestos removal is controlled by the Environmental Protection Agency, which has guidelines on the proper disposal, handling, and testing of contaminated materials.


In a few instances, family members of mesothelioma patients have sought compensation from companies that made asbestos-based products, claiming that these companies were negligent in their product development and marketing practices. Mesothelioma is a terminal illness with an estimated mortality rate of 90 percent so it is imperative that victims seek compensation. An experienced mesothelioma lawyer can help victims and their family ones through the entire process of seeking compensation from negligent asbestos manufacturers.



Compensation

Many asbestos victims can claim compensation for medical bills, lost wages, and pain and suffering. The amount of compensation awarded is depending on a number of factors which include the severity of the condition and the length of time between exposure and diagnosis.


People diagnosed with mesothelioma and other asbestos-related illnesses are typically qualified to receive large financial rewards. Asbestos lawyers can assist in determining the right to compensation. They may review a patient's medical records, work history and the areas where they worked.
They can then look up information from thousands of job sites and asbestos products to determine the extent and which areas a person was exposed to asbestos.

After obtaining this information lawyers will file a lawsuit against an asbestos or trust fund manufacturer. This usually happens at the state-level. The asbestos settlement is the most commonly used method to settle mesothelioma cases. A lawyer for Asbestos Law asbestos can usually settle a case within 90 days.


Attorneys take into account the total cost of treatment and the amount each client will suffer from asbestos-related illness when making an agreement. They take into account a range of costs such as transportation costs, the cost of home health aids and complementary therapies.
They also look at how much income and other assets a victim lost.

It takes 10-50 years before symptoms begin to manifest and most patients are diagnosed with mesothelioma in their 70s. However, those in their 40s and 50s may also suffer from asbestos-related illnesses. Asbestos victims can seek compensation from the companies who exposed them toxic substance as well as from asbestos trust funds and from insurance companies that have taken over the responsibility for asbestos-related manufacturers.



Mesothelioma and other asbestos-related diseases are costly to treat. It can be a very lonely experience for those suffering. A reputable mesothelioma lawyer can ensure that every victim receives the compensation they deserve. In certain cases, the amount received is in the thousands of dollars.
Asbestos victims whose loved ones have died from mesothelioma or other asbestos-related disease, may make wrongful death claims against the responsible party.