What is an Asbestos Lawsuit?

An asbestos lawsuit is a way for a victim or family to receive compensation from the companies that caused their exposure. Compensation could take the form of a verdict by a jury, settlement or a settlement.

An experienced mesothelioma lawyer can help you determine the best kind of lawsuit for your situation. The process starts with the filing of an initial complaint. The defendants have a finite time frame to respond.

Mesothelioma

Mesothelioma is a form of cancer that affects the thin layer of tissue that covers many organs in the organs in the body's interior. Exposure to asbestos is the cause. The condition is most often seen in the lung (pleural mesothelioma) but it can also be found in the stomach the lining (peritoneal mesothelioma) or in the heart as well as testicles. The condition is rare but aggressive and usually fatal.

Many people who suffer from mesothelioma worked in jobs where they inhaled asbestos dust. It takes decades for the disease to manifest and the symptoms may not appear for years after exposure. In most instances, the first sign is breathlessness or chest pain. Mesothelioma cannot be cured however there are treatment options to relieve symptoms and prolong the life span.

A patient can be diagnosed with mesothelioma through medical history, physical examination, and laboratory tests. It is important to discuss any past exposure to asbestos with a doctor in order to reduce the risk of developing the disease.

Symptoms of mesothelioma are not very specific and can be mistaken for other diseases. Early signs include chest pain, a shortness of breath, and a dry cough. These symptoms are similar to those that are associated with lung diseases such as pneumonia or bronchitis. This makes it difficult to diagnose mesothelioma. Many patients are not diagnosed until the later stages of the disease, which is when it becomes more difficult to treat.

Scientists have identified several contributing factors to the growth of mesothelioma. The most prominent factor is exposure to asbestos. Other pollutions in the environment, like arsenic, cadmium and arsenic, can also cause this disease.

Malignant mesothelioma can be classified into three types based on the number of cells affected. Pleural mesothelioma which is the most common type of the disease is the most prevalent. It affects the chest cavity's lining (pleura) and lungs. Peritoneal mesothelioma is less common but still serious. It is found in the interior (peritoneum) of the stomach. It is a rare cancer that affects the testicles.

Researchers continue to research the link between asbestos exposure and Mesothelioma. There is evidence that suggests that genetic mutations may influence a person's chances of developing the disease. In ongoing clinical trials, researchers are testing treatments that target gene mutations.

Asbestos Litigation

In addition to the physical suffering as a result of asbestos-related diseases patients often experience financial burdens due to the loss of income. Asbestos suits aid victims in receiving the money they need to offset their expenses and improve their standard of living. The initial step of an asbestos lawsuit is gathering evidence and identifying the primary defendants. This involves reviewing the past work history of the victim and determining if asbestos-related products caused their illness. A victim's trial team will then file a mesothelioma lawsuit against the responsible manufacturers and companies.

The discovery process is the next step in an asbestos lawsuit. Interviewing co-workers and studying asbestos dust samples as well as reviewing a victim's medical records or laboratory tests are all an element of the discovery process. Once an information database of vendors, employers, and products is built it can be used to find potential defendants. It can take a number of years to complete this process depending on how long the victim has been employed. This includes interviewing family members, coworkers as well as abatement workers and looking over various records like Social Security, union, tax and employer documents.

During the discovery phase asbestos and other defendants might submit procedural motions to dismiss a plaintiff's case. These usually focus on technical issues and are challenged by experienced attorneys quickly.

Once a trial date is set, victims have to prove their injuries to jurors. This is a difficult task as mesothelioma and other asbestos case-related illnesses are difficult to diagnose. Victims must demonstrate that their exposure asbestos caused the disease and that the disease was a direct result of the exposure.

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

Many asbestos cases are referred to as mass torts since they involve large groups of 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. The litigation is currently in progress in the Eastern District of Pennsylvania.

Class Action Lawsuits

Asbestos exposure is so widespread in the United States that most people have come across it at one time or at some point. But it is only long-term and repeated exposure to asbestos for it to cause mesothelioma-related illnesses that are serious. The time period between exposure and diagnosis of mesothelioma can vary between 10 and 60 years.

The asbestos industry has been involved in numerous class action lawsuits. The most well-known instance was that of Borel v. Fireboard Paper Products Corporation that established the precedent of strict liability for asbestos manufacturers. In the beginning families sought compensation for a deceased loved one from companies that produced asbestos-based products.

Asbestos is comprised of fibrous minerals that are found in nature. Asbestos was a popular building material in the 1920s, and into the 1960s because it is heat, fire and corrosion resistant. It's also durable and cheap. Asbestos was used in many different construction projects, such as sprayed on fire and sound insulation, pipe coating ceiling tiles, floor tiles, roofing and siding shingles.

Unfortunately asbestos has been identified to be a powerful carcinogen, capable of causing mesothelioma, lung cancer, and asbestosis. 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 in the air if asbestos-containing substances are disturbed. This can happen in military, commercial and residential buildings as well as in bridges, highways, and ships. The Environmental Protection Agency regulates asbestos removal, with guidelines for proper handling, disposal and testing of contaminated material.

In a few cases, family members of mesothelioma victims have sought compensation from the corporations that manufactured asbestos-based products, claiming that these companies were negligent in their marketing and product development practices. Mesothelioma is a fatal illness with a 90 percent mortality rate, making it imperative that patients seek compensation. A mesothelioma lawyer will guide victims along with their families and loved relatives through the process of taking action against negligent asbestos manufacturers.

Compensation

Many asbestos victims can claim compensation for medical bills, lost wages, and suffering. The amount of compensation offered is according to a variety factors, including the severity of each individual's condition and the length of time between exposure and diagnosis.

Many people diagnosed with mesothelioma, asbestos-related diseases can receive substantial financial awards. Asbestos lawyers can assist in determining the eligibility to receive compensation. They may review a patient's medical records, work history and the places where they worked. They can use information from thousands of asbestos products and job sites to find out where and how a person was affected by asbestos.

After lawyers have gathered this information, they'll start a lawsuit against an asbestos manufacturer or trust fund. This usually takes place at the state level. Most mesothelioma cases end up being resolved by an asbestos settlement instead of a trial. An asbestos lawyer can typically reach a settlement within 90 days.

Attorneys evaluate the total cost of healthcare and the amount that each client will suffer from their asbestos-related disease when negotiating a settlement. They consider various costs such as transportation costs, the cost of home health aids and complementary therapies. They also consider the amount of income and other assets that a victim was able to lose.

It can take between 10 and 50 years before symptoms begin to manifest and most people are diagnosed with mesothelioma in their 70s. However, those in their 40s and 50s can also suffer from asbestos-related diseases. Asbestos victims might be able to seek compensation from companies that exposed them or asbestos trust funds and even insurers who have assumed the liability of asbestos manufacturers.

Treatment of asbestos-related diseases and mesothelioma can be costly. It can be a very lonely experience for those who are affected. A top mesothelioma attorney can ensure that every victim receives the full amount they are entitled to. In some instances, compensation could be in the millions. Asbestos victims who have lost a loved person to mesothelioma, or another asbestos-related disease can also pursue wrongful death lawsuits against the responsible party.