What is an Asbestos Lawsuit?

An asbestos lawsuit is a method for a victim and their family members to obtain compensation from the company responsible for their exposure. The compensation could come in the form of a jury verdict or settlement.

A mesothelioma attorney with experience can help you determine the best kind of lawsuit for your case. The process begins by the filing of a complaint. The defendants have a specific time to respond.

Mesothelioma

Mesothelioma is a kind of cancer that affects the thin layer of tissue that covers the majority of the organs of the body's internal organs. It is caused by exposure to asbestos. The condition is typically present in the lungs however, it can also affect the stomach lining, the heart, and testicles (peritoneal mesothelioma pleural). The condition is uncommon but severe and often fatal.

Most people with mesothelioma have been employed in positions where they inhaled asbestos dust. It takes decades for the cancer to develop and symptoms may not be evident for a long time after exposure. In most instances, chest pain or breathing problems are the first signs. Mesothelioma cannot be cured however there are ways to relieve symptoms and extend the life.

A patient may be diagnosed with mesothelioma through medical history, physical examination, and laboratory tests. It is crucial to inform your doctor about any asbestos exposure experience, as it may increase the likelihood of developing mesothelioma.

The symptoms of mesothelioma aren't particular and may be mistaken for other diseases. The first signs are 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 diagnose mesothelioma. Many patients are diagnosed at the latter stages, when the disease is more difficult to diagnose.

Scientists have identified several contributing factors to the development of mesothelioma. Exposure to asbestos is the most well-known factor. However other environmental pollutants, such as cadmium and arsenic can also cause the disease.

Malignant mesothelioma is classified into three types based on the number of cells affected. Pleural mesothelioma may be the most common form of the disease. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal Mesothelioma though less common, is still dangerous. It is located in the lining (peritoneum) of the stomach. It is a rare cancer that affects the testicles.

Researchers continue to investigate the relationship between asbestos exposure and mesothelioma. There is evidence that suggests that mutations in genes may influence a person's chances of developing the disease. Clinical trials testing medicines that target these mutations are ongoing.

Asbestos Litigation

In addition to the physical pain as a result of asbestos-related diseases patients often experience financial burdens due to the loss of income. Asbestos lawsuits assist victims in recovering the money they need to pay for these expenses and improve their standard of living. The first step in an asbestos lawsuit is gathering evidence and identifying the main defendants. This includes examining the work history of the victim and determining whether asbestos-related products were responsible for their illness. The victim's trial team will then file a mesothelioma lawsuit against the responsible manufacturers and companies.

The discovery phase is the next stage in a asbestos lawsuit. This involves interviewing coworkers, looking at asbestos dust samples, and examining the medical records of the victims and laboratory tests. Once a comprehensive database of employers, products and vendors is created, potential defendants are identified. This can take years, depending on the victim's employment history and includes interviews with family members, co-workers, abatement workers and reviewing different documents which include Social Security, tax, union and employer documents.

In the process of discovery, asbestos and other defendants are able to present procedural motions to dismiss the plaintiff's claim. They usually revolve around technical issues, and are contested by skilled attorneys in a timely fashion.

If a trial date is been set, the victims will be required to prove their injuries before the jury. This can be a daunting job, as mesothelioma along with other asbestos-related diseases are difficult to identify and can have a long time to develop. The patient must demonstrate that exposure to asbestos was the cause of the disease and that it was a direct result.

Asbestos trial lawyers can present a compelling case for their clients based on their vast experience in this field of law. They can also engage with insurance companies and proactively address the defenses made by defendants to ensure that their clients receive an appropriate settlement offer.

Many asbestos cases are called mass torts since they involve large groups of injured victims 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 taking place in the Eastern District of Pennsylvania.

Class Action Lawsuits

In the United States, asbestos exposure is so widespread that the majority of people have been exposed at some time or another. It takes an extended and repeated exposure to asbestos to cause serious illnesses like mesothelioma. The latency period between the initial exposure and the diagnosis of mesothelioma can vary between 10 and 60 years.

The asbestos industry is implicated in a number of class action lawsuits. The most famous case was Borel v. Fireboard Paper Products Corporation. This case established strict liability for asbestos producers. In the early cases families were seeking compensation from companies who produced asbestos-based products for the death of loved ones.

Asbestos is comprised of fibrous minerals found in nature. Asbestos, which is resistant to heat, asbestos lawsuit fire and corrosion, was a popular material for building materials in the 1920s, and even into the 1960s. It is also durable and cheap. Asbestos is used in a variety of construction projects. It was sprayed on fire and sound insulation, floor tiles, ceiling tiles, roofing and siding shingles and pipe coatings.

Unfortunately, asbestos has been found to be a potent carcinogen that has the potential of producing mesothelioma and lung cancer, and asbestosis. These illnesses can be caused by breathing asbestos fibers in tiny amounts, which can get into the lungs and remain for a long time leading to inflammation and scarring and eventually causing cancerous tumors.

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

In some cases, relatives of those who have been affected by mesothelioma have sought compensation from companies who manufacture asbestos-based items. They claim that these firms were negligent in their product development and marketing. Mesothelioma sufferers have a 90% mortality rate, making it a terminal illness. It is imperative that victims seek compensation. A mesothelioma lawyer can guide victims family members and loved relatives through the process of suing negligent asbestos manufacturers.

Compensation

Many asbestos victims are entitled to compensation for a range of expenses such as medical bills, lost wages, as well as suffering and pain. The amount of compensation offered is depending on a number of factors which include the severity of each individual's disease and the amount of time between exposure and diagnosis.

Many people diagnosed with mesothelioma and related asbestos-related diseases can receive substantial financial awards. Asbestos lawyers can help determine the eligibility of compensation. They may look at the medical history of the patient, work history, and the locations where they have worked. They can also use data from thousands of asbestos products and work sites to determine where and how an individual was affected by asbestos.

After obtaining this information, the lawyers will file a suit against an asbestos or trust fund manufacturer. This usually happens at the state level. Most mesothelioma cases end up being resolved through an asbestos settlement instead of a trial. An asbestos lawyer will typically reach a settlement within 90 days.

When negotiating an asbestos settlement, attorneys consider how much each person has been affected by their illness and what the total cost of care will be. They take into consideration the various costs involved 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 between 10 and 50 years for symptoms to appear and most patients diagnosed with mesothelioma are in their 70s. Asbestos-related illnesses can be a problem for victims in their 40s or 50s. Asbestos victims can recover compensation from the companies who exposed them toxic substance, from asbestos trust funds and from insurers who have taken over the responsibility of asbestos producers.

Treatment of asbestos-related illnesses and mesothelioma is costly. It can be a very lonely time for those affected. A top mesothelioma lawyer can help ensure that every victim receives the full amount they deserve. In certain cases, compensation could reach 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.