What is an Asbestos Lawsuit?

An asbestos lawsuit is a method for a victim or their family to receive compensation from the companies that caused their exposure. Compensation could take the form of a jury verdict or settlement.

A mesothelioma attorney with experience will help you decide on the most appropriate type of lawsuit to suit your case. The process begins with filing an initial complaint. The defendants have a finite time frame to respond.

Mesothelioma

Mesothelioma is a kind of cancer that affects the thin layer of tissue that covers a lot of the organs of the body's internal organs. Exposure to asbestos can trigger the disease. The disease often occurs in the lungs (pleural mesothelioma) however it can be found in the stomach liner (peritoneal mesothelioma) or in the heart as well as testicles. The condition is uncommon however, it can be extremely aggressive and can be fatal.

The majority of mesothelioma patients have worked on jobs where they breathed asbestos dust. It can take decades for the cancer to develop, and symptoms may not show up until years after exposure. In most cases, the first symptom is a feeling of shortness of breath or chest pain. Mesothelioma cannot be treated however there are treatments that can ease symptoms and prolong the life of patients.

A patient can be diagnosed with mesothelioma based on medical history, physical examination, and asbestos litigation laboratory tests. It is important to discuss any history of exposure to asbestos with a doctor, because it can increase the risk of developing the disease.

The signs of mesothelioma can be mistaken for other illnesses. Early signs include chest pain, a shortness of breath, and dry cough. They are similar to the symptoms of lung-related conditions such as pneumonia and bronchitis. This makes mesothelioma difficult to diagnose. Many patients are not diagnosed until later stages of the disease, which is when it becomes more difficult to treat.

Scientists have identified several factors that contribute to the development of mesothelioma. The most frequent cause is exposure to asbestos. However other environmental pollutants like arsenic and cadmium may also cause the disease.

Malignant mesothelioma has been classified into three kinds based on the types of cells affected. Pleural mesothelioma, the most commonly encountered type of the disease is the most widespread. It is found in the the chest cavity and lungs (pleura). Peritoneal mesothelioma is less common however it is still very serious. It is found in the stomach's lining (peritoneum). It is a rare type of cancer that affects the testicles.

Researchers are continuing to study the connection between asbestos exposure and mesothelioma. There is evidence that suggests that genetic mutations can influence the likelihood of a person developing mesothelioma. Clinical trials are currently underway to test medications that target mutations in genes.

Asbestos Litigation

In addition to the physical discomfort associated with asbestos-related illnesses patients often experience financial hardship due to loss of income. Asbestos lawsuits allow victims to recover the compensation they need to offset these expenses and restore their life quality. The first step in an asbestos lawsuit is obtaining evidence and identifying the main defendants. This involves looking over the history of a victim's employment and determining if asbestos-related products contributed to their condition. The victim's legal team will bring mesothelioma lawsuits against the responsible companies.

The next stage of an asbestos lawsuit is the discovery process. It involves interviewing colleagues as well as analyzing asbestos dust samples and examining the medical records of the victims and laboratory tests. Once an information database of vendors, employers, and products is built and maintained, it can be used to find potential defendants. It can take a long time, dependent on the victim's job history and includes interviews with family members, coworkers or abatement workers, and examining a variety of records that include Social Security, tax, union and employer records.

During the discovery stage, asbestos and other defendants are able to make procedural motions to revoke the plaintiff's case. These motions usually are founded on technical issues and are opposed by experienced lawyers.

After a trial date has been set, victims will need to demonstrate their injuries in front of a jury. This is a challenging task, because mesothelioma and other asbestos litigation-related diseases are difficult to identify and have a long latency period. The patient must prove that exposure to asbestos was the reason for the condition and that it was a direct result.

Asbestos lawyers can make a convincing argument for their clients based on their extensive experience in this particular area of law. They can also bargain with insurance companies and take proactive steps to address the defenses raised by defendants to ensure that their client receives a fair settlement.

Many asbestos cases are referred to as mass torts since they involve large groups of injured individuals against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. This litigation is presently ongoing in the Eastern District of Pennsylvania.

Class Action Lawsuits

In the United States, asbestos exposure is so widespread that a majority of people have been exposed at some point. It requires repeated and prolonged exposure to asbestos for severe diseases like mesothelioma develop. The latency period between exposure to asbestos and the diagnosis of mesothelioma may range between 10 and 60 years.

The asbestos industry has been involved in several class action lawsuits. The most well-known was that of Borel v. Fireboard Paper Products Corporation, which established the precedent of strict liability for asbestos producers. In the beginning, families demanded compensation from companies that made asbestos-based products after the death of a loved one.

Asbestos is one of the fibrous minerals that occur in the natural environment. Asbestos was a popular building material in the 1920s and into the 1960s due to its heat, fire and corrosion-resistant. It's also durable and affordable. Asbestos has been used in a variety of different construction projects, including applied to fire and sound insulation pipe coating, ceiling tiles, floor tiles, and roofing and siding shingles.

Unfortunately asbestos has been discovered to be a potent carcinogen, capable of inducing mesothelioma as well as asbestosis, and lung cancer. These diseases can be caused by breathing asbestos fibers that are tiny, which can get into the lungs and remain there for a long period of time which can cause inflammation and scarring and eventually leading to cancerous tumors.

Asbestos may be released into the air when asbestos-containing materials are disturbed. This could happen in commercial, military and residential structures, and also in bridges, roads, and even ships. Asbestos removal is controlled by the Environmental Protection Agency, which includes guidelines that address proper handling, disposal and testing of materials that are contaminated.

In some instances, the relatives of those who have been affected by mesothelioma have sought compensation from companies which manufacture asbestos-based products. They claim that the firms were negligent in their product development and marketing. Mesothelioma is considered a terminal disease with an estimated mortality rate of 90 percent which is why it is essential that victims seek compensation. An experienced mesothelioma lawyer can assist victims and their loved families through the entire process of seeking compensation from negligent asbestos producers.

Compensation

Many asbestos victims are entitled to compensation for a variety of expenses which include medical bills lost wages, as well as pain and suffering. The amount of compensation awarded depends on several factors, such as the severity the victim's illness or the period between exposure to asbestos and diagnosis.

Many people diagnosed with mesothelioma and other asbestos-related diseases can receive substantial financial compensation. Asbestos lawyers can assist in determining the eligibility of compensation. They can review a patient's medical records, work history and the areas where they worked. They may use information from thousands of asbestos-related products and job sites to determine if and how a person was affected by asbestos.

After the lawyers have gathered the information, they will file a lawsuit against an asbestos producer or trust fund. This usually happens at the state level. The asbestos settlement is the most popular method to settle mesothelioma lawsuits. An asbestos lawyer is able to settle a case within 90 days.

Attorneys look at the total cost of care and the amount that each client will be suffering from their asbestos-related disease when negotiating an agreement. They look at a variety of costs from transportation to home health aids, as well as complementary therapies. They also take into account how much income and other assets that a victim was able to lose.

Most people diagnosed with Mesothelioma are in their 70s. Asbestos-related diseases also affect victims in their 40s or 50s. Asbestos victims can seek compensation from the companies that exposed them toxic substance as well as from asbestos trust funds, and from insurers that have taken over the responsibility for asbestos litigation asbestos-related manufacturers.

Treatment of asbestos-related ailments and mesothelioma is costly. It can also be a very lonely experience for those afflicted. A top mesothelioma attorney can assist in ensuring that every victim gets the full 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 illness, can bring a wrongful death lawsuit against the person responsible.