What is an Asbestos Lawsuit?

An asbestos lawsuit can be a way for a victim or their family members to get compensation from the companies that caused their exposure. Compensation could take the form a jury verdict or settlement.

A reputable mesothelioma law firm will determine which lawsuit is suitable for your particular situation. The process starts with the filing of an initial complaint. The defendants are given a certain period of time to respond.

Mesothelioma

Mesothelioma, a form of cancer, affects the tissue layer that covers the majority of the internal organs of the body. It is caused by exposure to asbestos. The most common site of the disease is the lung (pleural mesothelioma) but it can also be found in the stomach liner (peritoneal mesothelioma), the heart, and testicles. The condition is uncommon, but it is aggressive and often fatal.

The majority of people diagnosed with mesothelioma have worked in jobs where they inhaled asbestos dust. It takes decades for the disease to manifest and the symptoms may not be evident for a long time after exposure. In the majority of cases, the first symptom is shortness of breath or chest pain. Mesothelioma is not curable, but there are treatments to ease symptoms and prolong the lifespan.

A patient may be diagnosed with mesothelioma on the basis of medical history, physical examination and laboratory tests. It is crucial to discuss any past exposure to asbestos with a physician since it may increase the chance of developing the disease.

The symptoms of mesothelioma may not be particularly specific and are often mistaken for other illnesses. The first signs are shortness of breath, chest pain and dry cough. These symptoms are similar to those associated with lung conditions such as bronchitis or pneumonia. This makes mesothelioma very difficult to diagnose. A majority of patients are diagnosed in the later stages, when the disease is more difficult to diagnose.

Scientists have identified a number of causes that could be responsible for the development of mesothelioma. The exposure to asbestos is the most well-known one. Other contaminants in the environment, such as arsenic or cadmium, could cause this illness too.

The three forms of malignant mesothelioma depend on the type of cells are affected. Pleural mesothelioma which is the most common type of the disease, is the most prevalent. It occurs in the the chest cavity and the lungs (pleura). Peritoneal mesothelioma occurs less frequently but it is still serious. It is found in the lining (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles.

Researchers continue to study the connection between asbestos exposure and Mesothelioma. Some evidence suggests that genetic mutations can affect the likelihood of developing the disease. Clinical trials testing drugs that target these mutations are ongoing.

Asbestos Litigation

In addition to the physical pain as a result of asbestos-related diseases, victims often face financial hardship due to loss of income. Asbestos lawsuits allow victims to recover the money they need to pay for these expenses and improve their standard of living. The first step in a asbestos lawsuit is gathering evidence and identifying the defendants. This involves reviewing the work history of a victim and determining what asbestos-related substances contributed to their condition. A victim's team will then make mesothelioma claims against the responsible firms.

The next stage in an asbestos lawsuit is the discovery process. Interviewing coworkers and looking at asbestos dust samples as well as reviewing victim's medical records or laboratory tests are all involved in the process of discovery. Once the database of employers, vendors and products is established and maintained, it can be used to identify potential defendants. This could take several years dependent on the victim's job background, and includes interviewing family members, coworkers and abatement workers, as well as reviewing various documents that include Social Security, tax, union and employer documents.

During the discovery phase, asbestos and other defendants may submit procedural motions to dismiss the plaintiff's claim. They usually revolve around technical issues and are contested by experienced attorneys in a timely fashion.

After a trial date is set, victims must prove their injuries before a jury. This can be a daunting job, as mesothelioma along with other asbestos-related diseases are hard to diagnose and have a lengthy time of latency. The patient must show that the exposure to asbestos caused the disease and was a direct consequence.

Asbestos trial lawyers can present an argument that is convincing for their clients by drawing on their vast experience in this field of law. They can also directly negotiate with insurance companies, and deal with the defenses made in court by defendants. This will ensure that their clients receive a fair settlement.

Many asbestos cases are called mass torts due to the fact that they involve large groups of injured individuals against multiple defendants. The Judicial Panel on Multidistrict Litigation consolidated 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

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

The asbestos industry is involved in a variety of class action lawsuits. The most well-known instance was that of Borel v. Fireboard Paper Products Corporation which set the precedent of strict liability for asbestos manufacturers. In the beginning, families demanded compensation for a dead loved one from the companies that produced asbestos-based products.

Asbestos is composed of fibrous minerals found in nature. Asbestos, which is resistant to fire, heat, and corrosion, was a common material for building in the 1920s, and even in the 1960s. It's also durable and affordable. Asbestos was used in many different construction projects, including applied to fire and sound insulation, pipe coating floor tiles, ceiling tiles, roofing and siding shingles.

Unfortunately asbestos has been proven to be a powerful carcinogen, capable of causing mesothelioma, lung cancer, and asbestosis. These illnesses can be triggered by breathing in tiny asbestos fibers, which can get into the lungs and stay for a long time and cause inflammation and scarring and eventually causing cancerous tumors.

Asbestos is released into the air if asbestos-containing substances are disturbed. This can occur in commercial, residential, and military buildings as well as contaminated highways and bridges. The Environmental Protection Agency regulates asbestos removal, with guidelines for proper handling, disposal, and testing of material that has been contaminated.

In some cases families of mesothelioma patients have sought compensation from the corporations that made asbestos-based items and claimed that the companies were negligent in their marketing and product development practices. Mesothelioma is a 90% mortality rate, which makes it an incurable disease. It is important that victims seek compensation. An experienced mesothelioma lawyer can help victims and their loved relatives through the entire process of seeking compensation from negligent asbestos producers.

Compensation

Many asbestos victims can claim compensation for medical expenses along with lost wages and suffering. The amount of compensation awarded depends on a variety of factors such as the severity of the disease or time between exposure to asbestos and the diagnosis.

Many people diagnosed with mesothelioma or other asbestos-related diseases can be awarded substantial financial awards. Asbestos lawyers can help determine the eligibility of compensation. They can look over the medical records of a patient along with the work history of the patient and locations where they worked. They can then look up information on thousands of asbestos claim-related sites and products to determine the extent and where a person was exposed to asbestos.

After obtaining this information lawyers will file a lawsuit against an asbestos or trust fund manufacturer. This usually happens at the state level. The asbestos settlement is the most frequent method to settle mesothelioma lawsuits. A lawyer who specializes in asbestos will usually negotiate the settlement with a client within 90 days.

Attorneys consider the total cost of healthcare and the amount that each client will be suffering from their asbestos-related disease when negotiating a settlement. They look at a variety of costs, ranging from transportation to home health aids, as well as complementary therapies. They also take into account how much a person has lost in income and other assets.

Most people are diagnosed with Mesothelioma after their 70s. Asbestos-related diseases be a problem for victims in their 40s or 50s. Asbestos victims may be able recover compensation from the companies who exposed asbestos to the public and asbestos trust funds and even insurers who have taken over the responsibility of asbestos producers.

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