What is an Asbestos Lawsuit?

An asbestos lawsuit is a method for a victim and their family to receive compensation from the companies responsible for their exposure. Compensation could take the form of a jury verdict or settlement.

A mesothelioma attorney with experience can help you determine the best kind of lawsuit for your situation. The process starts with the filing of a complaint. The defendants are given a short time to respond.

Mesothelioma

Mesothelioma is a type of cancer, affects the tissue layer that covers the majority of the internal organs of the body. Exposure to asbestos can trigger the disease. The disease usually manifests in the lung (pleural mesothelioma) but it can also occur in the stomach the lining (peritoneal mesothelioma), heart, and testicles. The condition is not common, but it can be it is extremely serious and often fatal.

The majority of people diagnosed with mesothelioma have worked on jobs where they inhaled asbestos dust. It takes a long time for disease to manifest and symptoms may not appear for years after exposure. In most cases, chest pain or shortness of breath are the first signs. Mesothelioma is not curable however there are treatments which can ease symptoms and prolong the life of patients.

Mesothelioma is diagnosed based on the medical history of a patient along with physical examination and laboratory tests. It is important to tell your doctor about any asbestos-related exposure prior to the time of exposure, as it could increase your risk of developing mesothelioma.

The symptoms of mesothelioma may be mistaken for other illnesses. The first signs are shortness of breath, chest pain, and dry cough. They are similar to the symptoms of lung diseases such as pneumonia or bronchitis. This makes mesothelioma difficult to diagnose. Many patients are not diagnosed until the later stages of the disease when it becomes more difficult to treat.

Scientists have identified a range of factors that be responsible for the development of mesothelioma. The most common factor is asbestos exposure. Other environmental pollutants, like arsenic or cadmium, could be a cause of this disease too.

The three types of malignant mesothelioma can be distinguished based on the cells are affected. Pleural mesothelioma may be the most prevalent form of the disease. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal mesothelioma is less common however it is still very serious. It is found in the inner lining (peritoneum) of the stomach. It is a rare cancer that affects the testicles.

Researchers continue to study the connection between mesothelioma and asbestos exposure. Some evidence suggests that gene mutations may influence the probability of developing mesothelioma. In ongoing clinical trials, researchers are testing medications that target gene mutations.

Asbestos Litigation

Asbestos-related ailments can cause financial hardship for the victims. Asbestos lawsuits help victims recover the compensation they need to cover these costs and restore their standard of living. The first step in an asbestos lawsuit is gathering evidence and identifying defendants. This involves looking over the work history of the victim and asbestos determining the way in which asbestos-related products contributed to their condition. The victim's group will file mesothelioma suits against the responsible companies.

The next stage of an asbestos lawsuit is the discovery process. Interviewing co-workers and studying asbestos dust samples as well as examining the victim's medical records or laboratory tests are all aspects of the discovery process. Once a complete database of employers, products and vendors is compiled, potential defendants are identified. It can take many years to complete this process according to how long the victim has worked. This includes interviewing coworkers, family members as well as abatement workers and going through various records, including Social Security, union, documents regarding tax and employment.

During the discovery stage asbestos and other defendants are able to bring procedural motions for dismissal of a plaintiff's claim. They usually revolve around technical issues, and are challenged by experienced lawyers in a timely manner.

Once a trial date is set, victims must prove their injuries to a jury. This can be a challenging task due to the fact that mesothelioma and other asbestos-related diseases are difficult to diagnose and have a lengthy latency period. The victims must be able to prove that their exposure to asbestos settlement was the cause of the disease and that the illness was a direct result of the exposure.

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

Mass torts are frequently used to describe asbestos cases because they involve large groups injured against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of asbestos-related cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is ongoing 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. However, it takes repeated and prolonged exposure to asbestos before it can cause serious diseases such as mesothelioma. The time between the initial exposure to the diagnosis of mesothelioma may range between 10 and 60 years.

The asbestos industry is implicated in several class action lawsuits. The most well-known was that of Borel v. Fireboard Paper Products Corporation, which established the precedent of strict liability for asbestos producers. In the beginning, families sought compensation from companies that made asbestos-based products in the loss of loved ones.

Asbestos is a class of fibrous minerals that occur in the natural world. Asbestos was a sought-after building material in the 1920s, Asbestos and into the 1960s because of its fire, heat, and corrosion resistant. It is also durable and affordable. Asbestos was used in various construction projects. It was sprayed on fire and sound insulation, floor tiles, ceiling tile, roofing and siding shingles and pipe coatings.

Asbestos is a potent carcinogen that can cause asbestosis, mesothelioma, and lung cancer. These illnesses can be caused by breathing in tiny asbestos fibers, which can get into the lungs and stay in the lungs for a prolonged period, causing scarring and inflammation and eventually leading to cancerous tumors.

In certain instances asbestos can be released into the air when asbestos-containing materials are disturbed. This can happen in military, commercial and residential buildings as well as in bridges, highways, and even ships. The Environmental Protection Agency regulates asbestos removal, and provides guidelines on proper handling, disposal and testing of the material that is contaminated.

In some cases, the families of victims of mesothelioma have sought compensation from companies that make asbestos-based products. They claim that these companies were negligent with their product development and marketing. Mesothelioma can be a fatal disease with a 90 percent mortality rate which is why it is essential that patients seek compensation. A mesothelioma lawyer with experience can assist victims and their loved 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 that include medical bills, lost wages, as well as suffering. The amount of compensation depends on many factors, such as the severity the disease or time between exposure to asbestos and the diagnosis.

Those diagnosed with mesothelioma or other asbestos-related diseases are usually eligible to receive substantial financial awards. Asbestos attorneys can help determine compensation eligibility. They may look at the patient's medical history, work history, as well as the places they have worked. They can then use information from thousands of job sites and asbestos products to determine how and which areas a person was exposed to asbestos.

After lawyers have gathered this information, they'll start a lawsuit against an asbestos producer or trust fund. This usually happens at the state level. The asbestos settlement is the most popular method of settling mesothelioma claims. A lawyer who specializes in asbestos is able to negotiate a settlement with a client within 90 days.

Attorneys look at the total cost of care and the amount each patient will suffer from asbestos-related disease when negotiating a settlement. They consider a wide range of expenses, from transportation to home health aids, as well as complementary therapies. They also assess how much a victim has lost in income and other assets.

It takes between 10 and 20 years for symptoms to surface and most patients are diagnosed with mesothelioma by their 70s. Asbestos-related illnesses also affect victims who are in their 40s or 50s. Asbestos victims can seek compensation from the companies that exposed them toxic substance as well as from asbestos trust funds, and from insurers that have assumed the responsibility for asbestos-related manufacturers.

Mesothelioma and other asbestos-related illnesses can be very expensive to treat. It can also be a lonely experience for those afflicted. A top mesothelioma attorney can help ensure each victim receives the full amount they deserve. In certain instances, the amount awarded is in the millions of dollars. Asbestos victims who have loved ones who have passed away from mesothelioma or another asbestos-related disease, may make wrongful death claims against the responsible party.