What is an Asbestos Lawsuit?

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

A mesothelioma attorney with experience can help you choose the best kind of lawsuit for your situation. The process begins with the filing of an initial complaint. Defendants have a limited time frame to respond.

Mesothelioma

Mesothelioma, a form of cancer, affects the tissue layer that covers the majority of the internal organs in the body. It is caused by exposure to asbestos. The most common cause of asbestos-related disease is found in the lungs, however, it can also affect stomach lining, the heart and testicles (peritoneal mesothelioma, also known as pleural). The condition is rare however, it can be extremely aggressive and often fatal.

Many people who suffer from mesothelioma worked on jobs where they inhaled asbestos dust. It takes a long time for the disease to develop and the symptoms may not manifest until years after exposure. In the majority of cases, the initial symptom is shortness of breath or chest pain. Mesothelioma cannot be treated however there are ways to alleviate symptoms and prolong the life span.

Mesothelioma diagnosis is based on a patient's medical history along with physical examination and laboratory tests. It is important to discuss any previous exposure to asbestos with a doctor, because it can increase the risk of developing the disease.

Symptoms of mesothelioma are not necessarily specific and could be confused with other illnesses. Early signs include shortness in breath, chest pain, and dry cough. These symptoms are similar to those seen with lung disorders such as bronchitis or pneumonia. This makes it difficult to recognize mesothelioma. Many patients are not diagnosed until advanced stages of the disease which is when it becomes more difficult to treat.

Scientists have identified a variety of contributing factors to the development of mesothelioma. The most prominent factor is asbestos exposure. However other environmental pollutants, such as arsenic and cadmium may also cause the disease.

The three malignant types of mesothelioma can be distinguished based on the cells are affected. Pleural mesothelioma is by far the most common form of the disease. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal mesothelioma is less frequent however it is still very serious. It is located in the lining (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles.

Researchers are continuing to study the connection between mesothelioma and asbestos exposure. There is evidence suggesting that gene mutations can affect the probability of developing mesothelioma. Clinical trials to test the effectiveness of drugs that target these mutations are ongoing.

Asbestos Litigation

In addition to the physical and mental suffering associated with asbestos-related illnesses, victims often face financial hardship due to loss of income. Asbestos suits can help victims receive the compensation they require to pay for their expenses and improve their quality of life. The first step in an asbestos lawsuit is to gather evidence and identifying the main defendants. This involves reviewing a victim's work history and determining if 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 coworkers, looking at asbestos dust samples as well as examining the victim's medical records or laboratory tests are all aspects of the discovery process. Once an inventory of employers, vendors, and products is built and maintained, it can be used to find potential defendants. This could take years dependent on the victim's job background. It involves speaking with colleagues, relatives or abatement workers, and examining different documents that include Social Security, tax, union and employer records.

During the discovery stage asbestos and other defendants can bring procedural motions for dismissal of the plaintiff's case. These typically center on technical issues, and are challenged by experienced attorneys in a timely fashion.

Once a trial date is established, the victims must demonstrate their injuries before a jury. This can be a daunting job, as mesothelioma along with other asbestos-related diseases are difficult to diagnose and have a lengthy duration of latency. The victim must be able prove that exposure to asbestos caused the disease and that it was a direct result.

Asbestos trial lawyers can present an impressive case for their clients based upon their vast experience in this area of law. They can also directly negotiate with insurance companies and also address defenses brought in the court by defendants. This will ensure that their clients receive a fair settlement.

Mass torts are often used to describe asbestos cases, because they involve large numbers of victims who are harmed by 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

Asbestos exposure is so common in the United States that most people have come into contact with it at some point or at some point. However, it takes long-term and repeated exposure to asbestos before it can cause mesothelioma-related illnesses that are serious. The time between the initial exposure and the diagnosis of mesothelioma can range from 10 to 60 years.

The asbestos industry is involved in a variety of class action lawsuits. The most famous case was Borel v. Fireboard Paper Products Corporation. This case ruled that there was no strict liability for asbestos producers. In the beginning, families demanded compensation from companies that made asbestos-based items for the death of a loved one.

Asbestos is composed of fibrous minerals found in nature. Asbestos was a sought-after building material during the 1920s and into the 1960s because it is fire, heat and corrosion-resistant. It's also strong, and cheap. Asbestos is used in numerous construction projects. It was sprayed on the sound and fire insulation floor tiles, ceiling tile, roofing and siding shingles and pipe coatings.

Asbestos is a powerful carcinogen that can cause asbestosis, mesothelioma and lung cancer. These illnesses are caused by asbestos fibers that can enter the lungs for an extended period of time and cause inflammation and scarring.

Asbestos can be released into the air if asbestos-containing substances are disturbed. This could happen in military, commercial and residential structures, as well as on bridges, highways, and even ships. The Environmental Protection Agency regulates asbestos removal, with guidelines for proper handling, disposal, and testing of material that has been contaminated.

In some cases, family members of victims of 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 a 90% mortality rate, which makes it a terminal disease. It is imperative that patients seek compensation. A mesothelioma lawyer with experience can help victims and their family 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 such as medical bills, lost wages, as well as suffering. The amount of compensation varies on several factors, including the severity of the victim's illness or the period between exposure to asbestos and the diagnosis.

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

After the lawyers have collected the necessary information, they'll file a lawsuit against an asbestos producer or trust fund. This is usually done at the state level. The asbestos settlement is the most popular method of settling mesothelioma claims. An asbestos lawyer will typically negotiate a settlement within 90 days.

When trying to negotiate an asbestos settlement, lawyers consider the extent to which each client has suffered by their illness and what the total cost of treatment will be. They consider a range of costs, from transportation expenses to home health aides and complementary therapies. They also look at how much income and other assets that a victim was able to lose.

It takes 10-50 years for symptoms to appear, so most people are diagnosed with mesothelioma in their 70s. However, people in their 40s and 50s could also suffer from asbestos-related illnesses. Asbestos-related victims can get compensation from the companies who exposed them to the toxic substance or asbestos trust funds and even from insurers that have assumed the responsibility for asbestos manufacturers.

Mesothelioma and other asbestos-related ailments can be expensive to treat. It can be a very lonely experience for those affected. A top mesothelioma lawyer can assist in ensuring that each victim receives the full amount they are entitled to. In certain instances, the amount given is in the millions of dollars. Asbestos victims who have lost a loved family member to mesothelioma and/or another asbestos-related illness can also pursue a wrongful death lawsuit against the responsible party.