What is an Asbestos Lawsuit?

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

An experienced mesothelioma attorney will determine which lawsuit is the best one for your specific situation. The process begins with the filing of a complaint. Defendants have a limited time frame to respond.

Mesothelioma

Mesothelioma is a form of cancer that affects the thin layer of tissue that covers many of the organs in the body's interior. Exposure to asbestos is the main cause. The most common cause of asbestos-related disease is found in the lungs but can also affect the stomach lining, heart and testicles (peritoneal pleural mesothelioma). The condition is uncommon but it is extremely serious and often fatal.

The majority of people diagnosed with mesothelioma have been employed in positions where they inhaled asbestos dust. It takes decades for the disease to develop, and symptoms may not manifest until years after exposure. In the majority of instances, chest pain or breathlessness are the first symptoms. Mesothelioma cannot be treated, but there are treatments which can ease symptoms and prolong your life.

Mesothelioma can be diagnosed based on the medical history of a patient as well as physical examination, and laboratory tests. It is essential to discuss any history of exposure to asbestos with a doctor, because it can increase the chance of developing the disease.

The symptoms of mesothelioma can be misinterpreted as other illnesses. Early signs include shortness of breath, chest pain and dry cough. These symptoms are similar to those experienced with lung diseases such as pneumonia or bronchitis. This makes it difficult to identify mesothelioma. Most patients are diagnosed in the later stages, when the disease is more difficult.

Scientists have identified a variety of contributing factors to the growth of mesothelioma. Exposure to asbestos is among the most well-known one. Other pollutions in the environment, like arsenic and cadmium can also cause this disease.

Malignant mesothelioma can be classified into three types based on the type of cells affected. Pleural mesothelioma is by far the most commonly encountered form of disease. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal Mesothelioma, although not as common, is serious. It is located in the lining (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 gene mutations may influence the risk of developing mesothelioma. Ongoing clinical trials are testing treatments that target mutations in genes.

Asbestos Litigation

Asbestos-related diseases can cause financial hardship for those affected. Asbestos lawsuits can help victims receive the money they need to offset these expenses and improve their standard of living. The first step in a asbestos lawsuit is gathering evidence and identifying key defendants. This includes reviewing the history of a victim's employment and determining what asbestos-related substances caused their illness. A victim's trial team will then bring a mesothelioma lawsuit against the responsible companies and manufacturers.

The next step in an asbestos lawsuit is the discovery process. Interviewing co-workers and analysing asbestos dust samples as well as reviewing a victim's medical documents or laboratory tests are all involved in the process of discovery. Once an inventory of employers, vendors, and products is built, it is possible to use it to identify potential defendants. It can take many years to complete this process depending on how long the victim has worked. This involves interviewing family members, coworkers or abatement workers, as well as reviewing various records, such as Social Security, union, tax and employer records.

During the discovery stage, asbestos and other defendants might bring procedural motions in order to dismiss the plaintiff's claim. They usually revolve around technical issues and are litigated by experienced attorneys in a timely fashion.

After a trial date is set, victims have to prove their injuries before a jury. This can be a difficult task, because mesothelioma and other asbestos-related diseases are difficult to diagnose and have a lengthy time of latency. Victims must be able to prove that exposure to asbestos caused the disease and that the illness was a direct consequence of that exposure.

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

Mass torts are often used to describe asbestos cases, because they involve large groups victims who are harmed by multiple defendants. The Judicial Panel on Multidistrict Litigation has taken on 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 most people have been exposed at some point. It takes repeated and long-term exposure to asbestos for serious illnesses such as mesothelioma to develop. The time period between initial exposure until diagnosis of mesothelioma might range between 10 and 60 years.

The asbestos industry has been involved 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 demanded compensation from companies which made asbestos-based items for the death of a loved one.

Asbestos is an assortment of fibrous minerals that occur in the natural environment. Asbestos is resistant to heat, fire and corrosion, was a common material for construction in the 1920s and in the 1960s. It's also tough, and cheap. Asbestos was used in numerous construction projects. It was sprayed on fire and sound insulation floor tiles, asbestos settlement ceiling tiles roofing and siding shingles and pipe coatings.

Asbestos is a carcinogen that is capable of causing asbestosis, mesothelioma and lung cancer. These illnesses can be triggered by breathing asbestos fibers that can be absorbed into the lungs and stay there for a long period of time and cause inflammation and scarring and eventually causing cancerous tumors.

In some instances asbestos can be released into the air when asbestos-containing materials are disturbed. This can occur in commercial, residential and military structures as well as contaminated highways and bridges. Asbestos removal regulations are enforced by the Environmental Protection Agency, which has guidelines on the proper handling, disposal, and testing of contaminated materials.

In some instances, the families of patients with mesothelioma have sought compensation from corporations which manufacture asbestos-based products. They claim that the corporations were negligent in their product development and marketing. Mesothelioma is a 90% mortality rate and is therefore an incurable disease. It is important that patients 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 are entitled to compensation for a variety of expenses such as medical bills, asbestos settlement lost wages and pain and suffering. The amount of compensation is contingent on many factors, like the severity of the patient's condition or the period between exposure to asbestos and diagnosis.

Many people who are diagnosed with mesothelioma or other asbestos-related illnesses can receive significant financial compensation. Asbestos lawyers can assist in determining the eligibility to receive compensation. They can review the medical history of the patient, work history, as well as the places they have worked. They can then look up information from thousands of work sites and asbestos products to determine when and which areas a person was exposed to asbestos.

After the lawyers have collected this information, they will file a lawsuit against an asbestos producer or trust fund. This is usually done at the state level. The majority of mesothelioma cases are being resolved by an asbestos settlement, instead of a trial. A lawyer who is specialized in asbestos will usually negotiate the settlement with a client within 90 days.

When negotiating an asbestos settlement, attorneys take into consideration the extent to which each client has been hurt by their illness and what the total cost of care will be. They look at a variety of costs, from transportation to home health aids and complementary therapies. They also take into account how much income and other assets a victim lost.

The majority of people are diagnosed with Mesothelioma after their 70s. Asbestos-related illnesses can also affect victims who are in their 40s or 50s. Asbestos-related victims can get compensation from the companies who exposed them to the toxic substance as well as from asbestos trust funds, and even from insurers that have taken over the responsibility for asbestos-related manufacturers.

Mesothelioma and other asbestos case-related diseases can be very expensive to treat. It can be a very lonely time for those affected. A top mesothelioma lawyer can ensure that every victim receives the maximum amount of compensation that they deserve. In certain instances, the amount awarded is in the millions of dollars. Asbestos victims who have lost a loved person to mesothelioma, or another asbestos-related disease may also pursue a wrongful death lawsuit against the responsible party.