What is an Asbestos Lawsuit?

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

An experienced mesothelioma attorney can determine which type of lawsuit is suitable for your specific situation. The process begins by filing an initial complaint. The defendants are given a short time to respond.

Mesothelioma

Mesothelioma is a form of cancer that affects the thin layer of tissue that covers many of the body's internal organs. Exposure to asbestos can trigger the disease. The disease often occurs in the lung (pleural mesothelioma) but it can also be found in the stomach liner (peritoneal mesothelioma) as well as the heart and testicles. The condition is extremely rare, but it is aggressive and, in most cases, fatal.

The majority of people diagnosed with mesothelioma have worked in jobs where they breathed asbestos dust. The disease can take years to be diagnosed and symptoms may not show up for years. In the majority of cases, chest pain and shortness of breath are the first signs. Mesothelioma cannot be treated However, there are treatments which can ease symptoms and prolong your life.

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

Symptoms of mesothelioma are not very specific and can be misinterpreted as other illnesses. Early symptoms include shortness of breath, chest pain and dry cough. These symptoms are similar to those seen with lung conditions such as bronchitis or pneumonia. This makes it difficult to diagnose mesothelioma. Many patients are not diagnosed until later stages of the disease, when it becomes more difficult to treat.

Scientists have identified a variety of causes that could cause mesothelioma to develop. The most prominent factor is asbestos exposure. Other contaminants in the environment, such as arsenic and cadmium, can be a cause of this disease too.

Malignant mesothelioma has been classified into three types based on the cells affected. Pleural mesothelioma which is the most commonly encountered type of the disease, is the most prevalent. It occurs in the lining of the chest cavity and the lungs (pleura). Peritoneal Mesothelioma is less prevalent, is very serious. It is found in the inside (peritoneum) of the stomach. It is a rare cancer that affects the testicles.

Researchers continue to research the link between asbestos exposure and Mesothelioma. Some evidence suggests that genetic mutations can influence a person's risk of developing the disease. Ongoing clinical trials are testing treatments that target gene mutations.

Asbestos Litigation

In addition to the physical pain that is associated with asbestos-related illnesses, victims often face financial difficulties due to the loss of income. Asbestos suits aid victims in receiving the money they need to pay for their expenses and restore their standard of living. The initial step of an asbestos lawsuit involves gathering evidence and identifying the main defendants. This involves reviewing the work history of the victim and determining if asbestos-related substances contributed to their condition. A victim's trial team will then make a mesothelioma claim against the responsible companies and manufacturers.

The discovery process is the next step of an asbestos lawsuit. This includes interviewing coworkers as well as analysing asbestos dust samples, and examining the medical records of the victims and laboratory tests. Once an information database of employers, vendors and products is created, it can be used to find potential defendants. It can take many years to complete this process depending on the length of time that the victim has worked. This includes interviewing family members, coworkers or abatement workers, as well as looking over various records like Social Security, union, documents regarding tax and employment.

During the discovery phase asbestos and other defendants could submit procedural motions to disqualify a plaintiff's case. These motions are typically focused on technical issues and are opposed by experienced attorneys.

Once a trial date has been set, victims have to prove their injuries to the jury. This can be a daunting task due to the fact that mesothelioma and other asbestos-related diseases are difficult to identify and have a lengthy latency period. Victims must demonstrate that their exposure asbestos caused the disease and that the illness was a direct consequence of the exposure.

Asbestos trial attorneys can make an argument that is persuasive for their clients based on their vast experience in this area of law. They can also directly negotiate with insurance companies, and address defenses raised in the court by defendants. This will ensure that their clients get a fair settlement.

Mass torts are commonly used to describe asbestos cases, because they involve large amounts of injured against 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

In the United States, asbestos law exposure is so widespread that nearly all people have been exposed at some time or another. It requires repeated and prolonged exposure to asbestos for severe diseases such as mesothelioma develop. The time between initial exposure and diagnosis of mesothelioma could range between 10 and 60 years.

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

Asbestos is comprised of fibrous minerals that are found in nature. Asbestos was an extremely popular building material in the 1920s and into the 1960s because it was heat, fire and corrosion-resistant. It's also durable and inexpensive. 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 powerful carcinogen capable of inducing mesothelioma as well as lung cancer, and asbestosis. These illnesses can be triggered by breathing asbestos fibers that are tiny, which can enter the lungs and remain there for a long time which can cause inflammation and scarring and eventually leading to cancerous tumors.

Asbestos can be released into the air if asbestos-containing substances are disturbed. This can happen in commercial, residential, and military buildings as well as in contaminated highways and bridges. Asbestos removal is managed by the Environmental Protection Agency, which provides guidelines for the proper disposal, handling, and testing of materials that are contaminated.

In a few cases families of mesothelioma patients have sought compensation from corporations that made asbestos-based items, claiming that these companies were negligent in their marketing and product development practices. Mesothelioma can be a fatal disease with a 90 percent mortality rate, making it imperative that victims seek compensation. An experienced mesothelioma lawyer can help victims and their loved ones through the entire process of seeking compensation from negligent asbestos manufacturers.

Compensation

Many asbestos victims can claim compensation for medical bills or lost wages as well as suffering. The amount of compensation offered is according to a variety factors which include the severity of the illness as well as the length of time between exposure and diagnosis.

Patients diagnosed with mesothelioma or other asbestos-related diseases are usually eligible to receive significant financial compensation. Asbestos attorneys can help determine the eligibility of compensation. They can examine a patient's medical records as well as the work history and places they worked. They can also use data from thousands of asbestos products and work sites to determine where and how a person was affected by asbestos.

Once the lawyers have gathered this 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 common way to resolve mesothelioma claims. An asbestos lawyer will typically reach a settlement within 90 days.

Attorneys consider the total cost of care and the amount that each client will suffer from their asbestos-related illness when negotiating the settlement. They take into consideration a range of costs, ranging from transportation to home health aids and complementary therapy. They also weigh in how much a person has lost in income and other assets.

It can take 10 to 50 years before symptoms begin to manifest, so most patients are diagnosed with mesothelioma by their 70s. Asbestos-related illnesses also affect people in their 40s or 50s. Asbestos-related victims might be able to claim compensation from companies who exposed asbestos and asbestos trust funds and even insurance companies who have taken over the responsibility of asbestos producers.

Mesothelioma and other asbestos-related illnesses can be expensive to treat. It can be a very lonely experience for those suffering. A top mesothelioma lawyer can help ensure that every victim receives the full amount they deserve. In some cases, the compensation received is in the thousands of dollars. Asbestos victims whose loved ones have died from mesothelioma, or another asbestos-related disease, can also pursue wrongful-death suits against the person responsible.