What is an Asbestos Lawsuit?

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

An experienced mesothelioma lawyer can help you choose the most appropriate type of lawsuit for your situation. The process begins by filing a complaint. The defendants are given a certain time frame to respond.

Mesothelioma

Mesothelioma is a form of cancer that affects the thin layer of tissue that covers the majority of the organs of the body's internal organs. Exposure to asbestos is the cause. The disease is most commonly present in the lungs however, it can also affect the stomach lining, the heart, and testicles (peritoneal mesothelioma, also known as pleural). The condition is not common but it is a serious condition and can be fatal.

Most people who have mesothelioma inhaled asbestos dust at work. The disease can take decades to develop and symptoms may not manifest for several years. In most cases, the first sign is a feeling of shortness of breath or chest pain. Mesothelioma is not curable however there are treatment options to alleviate symptoms and prolong the lifespan.

Mesothelioma can be diagnosed based on a patient's medical history, physical exam, and laboratory tests. It is essential to discuss any previous exposure to asbestos with a physician in order to reduce the risk of developing the disease.

The symptoms of mesothelioma aren't necessarily specific and could be confused with other illnesses. Early symptoms include chest pain, shortness of breath, and a dry cough. These are similar to those of lung conditions, such as pneumonia and bronchitis. This makes it difficult to diagnose mesothelioma. Many patients are diagnosed at the later stages, when the disease is more difficult.

Scientists have identified several elements that contribute to the formation of mesothelioma. Exposure to asbestos is among the most widely known factor. Other contaminants in the environment, such as arsenic or cadmium, could also trigger this condition.

The three malignant types of mesothelioma are determined by which cells are affected. Pleural mesothelioma is the most common type of the disease is the most prevalent. It affects the lining of the chest cavity (pleura) and lungs. Peritoneal Mesothelioma is less prevalent, is serious. It is found in the lining (peritoneum) of the stomach. Testicular mesothelioma can be found in very few cases and can be found in the testicles.

Researchers continue to study the connection between mesothelioma and asbestos exposure. Some evidence 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

Asbestos-related ailments can cause financial hardship for the victims. Asbestos lawsuits allow victims to recover the compensation they need to offset these expenses and restore their lives. The first step in an asbestos lawsuit is to gather evidence and identifying key defendants. This involves examining the work history of the victim and determining what asbestos-related substances caused their illness. The victim's trial team will then make a mesothelioma claim against the responsible companies and manufacturers.

The next stage of an asbestos lawsuit is the discovery process. Interviewing colleagues and looking at asbestos dust samples and also reviewing the victim's medical records or laboratory tests are all involved in the process of discovery. Once a comprehensive database of employers, vendors, and products is established, potential defendants are identified. This can take years, depending on the victim's work background. It involves speaking with colleagues, relatives and abatement workers, as well as reviewing a variety of records such as Social Security, tax, union and employer documents.

During the discovery phase, asbestos and other defendants are able to bring procedural motions for dismissal of the plaintiff's claims. These motions are usually made based on technical issues, and are contested by experienced attorneys.

Once a trial date has been set, victims must prove their injuries before a jury. This is a difficult task because mesothelioma, asbestos settlement and other asbestos-related illnesses are difficult to diagnose. Victims must prove that exposure to asbestos caused the illness, and that the condition was the direct result of the exposure.

Asbestos attorneys can present an argument that is persuasive for their clients based on their extensive experience in this field of law. They can also deal with insurance companies, and actively address defenses that defendants raise to ensure that their client receives a fair settlement.

Mass torts are typically used to describe asbestos cases, because they involve large amounts 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. This litigation is currently pending in the Eastern District of Pennsylvania.

Class Action Lawsuits

In the United States, asbestos exposure is so widespread that most people have been exposed at some point. However, it takes continuous and prolonged exposure to asbestos for it to cause serious diseases like mesothelioma. The time between initial exposure to diagnosis of mesothelioma could be between 10 and 60 years.

The asbestos industry is implicated in a variety of class action lawsuits. The most famous case was that of Borel v. Fireboard Paper Products Corporation which set the precedent of the strict liability of asbestos producers. In the beginning, families were seeking compensation from companies who made asbestos-based products in the loss of loved ones.

Asbestos is comprised of fibrous minerals that are found in nature. Asbestos was an extremely popular building material during the 1920s and into the 1960s due to its fire, heat and corrosion-resistant. It's also tough and affordable. Asbestos has been utilized in numerous construction projects. It was sprayed on fire and sound insulation, floor tiles, ceiling tiles roofing and siding shingles, and pipe coating.

Asbestos is a powerful carcinogen that can cause asbestosis, lung cancer and mesothelioma. These illnesses are caused by asbestos fibers, which can infiltrate the lungs over a long period of time, causing inflammation and scarring.

In certain situations asbestos may be released into the air when asbestos-containing materials are disturbed. This can happen in commercial, residential, and military buildings as well as in contaminated highways and bridges. Asbestos removal is regulated by the Environmental Protection Agency, which includes guidelines that govern the correct disposal, handling and testing of contaminated materials.

In a few cases, families of victims of mesothelioma have sought compensation from companies that make asbestos-based products. They claim that these companies were negligent with their product development and marketing. Mesothelioma sufferers have a 90% mortality rate and is an incurable disease. It is important that victims seek compensation. An experienced mesothelioma lawyer can help victims and their family families through the entire process of seeking compensation from negligent asbestos manufacturers.

Compensation

Many asbestos-related victims can receive compensation for medical bills as well as lost wages and suffering. The amount of compensation awarded is depending on a number of factors which include the degree of disease and the amount of time between exposure and diagnosis.

Many people who are diagnosed with mesothelioma and related asbestos-related diseases may be eligible for substantial financial awards. Asbestos lawyers can help determine the right to compensation. They can look over the medical records of a patient, work history and the places they worked. They can then look up information from thousands of job sites and asbestos products to determine if and which areas a person was exposed to asbestos.

After the lawyers have gathered the information, they will file a lawsuit against an asbestos producer or trust fund. This is usually done at the state level. The asbestos settlement is the most common method to settle mesothelioma cases. A lawyer that specializes in asbestos will usually negotiate the settlement with a client within 90 days.

When trying to negotiate an asbestos settlement, lawyers consider the extent to which each person has been affected by their condition and what the total cost of care will be. They take into account a range of costs that range from transportation expenses to assistance at home and complementary therapies. They also take into account the amount a person has lost in income and other assets.

It can take 10 to 50 years for symptoms to surface, so most patients diagnosed with mesothelioma are in their 70s. Asbestos-related illnesses also affect victims who are in their 40s and 50s. Asbestos sufferers can claim compensation from the companies that exposed them to the toxic substance and asbestos trust funds and from insurers who have taken over the responsibility of asbestos producers.

Mesothelioma and other asbestos-related ailments can be very expensive to treat. It can also be a very lonely experience for people who are affected. A reputable mesothelioma lawyer will help ensure that every victim receives all the compensation that they deserve. In some cases, the compensation can reach millions of dollars. Asbestos victims whose loved ones have died from mesothelioma, or an asbestos-related illness, can pursue wrongful-death suits against the person responsible.