What is an Asbestos Lawsuit?

An asbestos lawsuit is a method for a victim and their family to receive compensation from the companies that caused their exposure. Compensation can be in the form of a jury verdict or settlement.

A mesothelioma lawyer who has experience can help you determine the most appropriate type of lawsuit for your situation. The process begins with the filing of a complaint. Defendants have a limited amount of time to respond.

Mesothelioma

Mesothelioma is a type of cancer that affects the thin layer of tissue that covers many of the body's internal organs. It is caused by exposure to asbestos. The condition is most often seen in the lung (pleural mesothelioma) but it can also occur in the stomach and stomach lining (peritoneal mesothelioma) or in the heart as well as testicles. The condition is uncommon, but is often fatal and aggressive.

Most people with mesothelioma ingested asbestos dust at work. It takes a long time for the disease to manifest and symptoms can not be evident for a long time after exposure. In the majority of cases, chest pain and breathlessness are the first symptoms. Mesothelioma cannot be cured however, there are treatments to ease symptoms and prolong the life.

A patient may be diagnosed with mesothelioma through medical history, physical examination and laboratory tests. It is essential to discuss any previous exposure to asbestos with a physician as it could increase the risk of developing the disease.

The symptoms of mesothelioma may be confused with other diseases. The initial signs include chest pain, shortness of breath, and dry cough. They are similar to symptoms of lung diseases, such as pneumonia and bronchitis. This makes mesothelioma a challenge to recognize. Many patients are diagnosed at the later stages, when the disease is more difficult to diagnose.

Scientists have identified a range of factors that cause mesothelioma to develop. Exposure to asbestos is the most well-known cause. Other contaminants in the environment, such as arsenic and cadmium can also trigger this condition.

Malignant mesothelioma is divided 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 occurs in the lining of the chest cavity and the lungs (pleura). Peritoneal Mesothelioma is less common, is still serious. It is found in the interior (peritoneum) of the stomach. Testicular mesothelioma is very rare and occurs in the testicles.

Researchers continue to study the link between asbestos exposure and Mesothelioma. Some evidence suggests that mutations in genes may influence a person's chances of developing the disease. Current clinical trials are testing the effects of drugs targeting mutations in genes.

Asbestos Litigation

In addition to the physical and mental suffering that is associated with asbestos-related illnesses victims also face financial burdens due to the loss of income. Asbestos lawsuits allow victims to recover the money they need to pay for these expenses and restore their standard of living. The first step of an asbestos lawsuit is gathering evidence and identifying key defendants. This includes reviewing the victim's past work history and determining if asbestos-related substances contributed to their condition. A victim's trial team will then bring a mesothelioma lawsuit against the responsible manufacturers and companies.

The discovery phase is the next step in a lawsuit involving asbestos. This involves interviewing coworkers as well as analyzing asbestos dust samples and examining the medical records of the victim as well as laboratory tests. Once the database of employers, vendors, and products is built, it is possible to use it to identify potential defendants. This can take years, dependent on the victim's job history, and involves interviewing family members, coworkers and abatement workers, as well as reviewing a variety of documents such as Social Security, tax, union and employer records.

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

After a trial date has been set, the plaintiffs will need to prove their injuries before an audience of jurors. This can be a difficult task, because mesothelioma and other asbestos-related diseases are difficult to diagnose and have a long time to develop. Victims must be able to prove that exposure to asbestos caused the disease, and that the condition was the direct result of that exposure.

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

Mass torts are often used to describe asbestos cases, because they involve large numbers of injured against multiple defendants. The Judicial Panel on Multidistrict Litigation consolidated thousands of asbestos attorney cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is currently ongoing 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 time or another. It takes an extended and repeated exposure to asbestos before it can cause serious diseases like mesothelioma. The latency period from the initial exposure to the diagnosis of mesothelioma can range between 10 to 60 years.

The asbestos industry is implicated in numerous class action lawsuits. The most well-known instance was that of Borel v. Fireboard Paper Products Corporation which established the precedent of the strict liability of asbestos producers. In the beginning families were seeking compensation for the death of a loved one from firms that made asbestos-based items.

Asbestos is a class of fibrous minerals that occur in the natural environment. Asbestos is resistant to heat, fire and corrosion, was a very popular building material in the 1920s and in the 1960s. It is also durable and Asbestos settlement affordable. Asbestos is used in many construction projects. It was sprayed onto the sound and fire insulation floor tiles, ceiling tiles roofing and siding shingles and pipe coatings.

Asbestos is an extremely carcinogen capable of causing asbestosis, mesothelioma, and lung cancer. These illnesses can be triggered by breathing asbestos fibers which can get into the lungs and stay there for a long period of time which can cause inflammation and scarring and eventually causing cancerous tumors.

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

In a few instances, family members of mesothelioma sufferers have sought compensation from the companies that made asbestos-based products, claiming that these companies were negligent in their marketing and product development practices. Mesothelioma is a terminal illness with 90% mortality, making it imperative that patients seek compensation. An experienced mesothelioma attorney can guide victims and their loved relatives through the entire process of seeking compensation from negligent asbestos manufacturers.

Compensation

Many asbestos victims can claim compensation for medical expenses or lost wages as well as suffering. The amount of compensation offered is dependent on a variety of factors that include the severity of each individual's disease and the amount of time between exposure and diagnosis.

Many people diagnosed with mesothelioma and other asbestos-related diseases can receive substantial financial compensation. Asbestos lawyers can assist in determining eligibility for compensation. They can review the medical records of a patient as well as the work history and places they worked. They can then use information from thousands of asbestos-related sites and products to determine how and where a person was exposed to asbestos.

After the lawyers have collected the information, they will bring a lawsuit against an asbestos manufacturer or trust fund. The process is generally handled at the state level. The majority of mesothelioma cases wind up being resolved by an asbestos legal settlement, instead of a trial. A lawyer who is specialized in asbestos will usually negotiate the settlement with a client within 90 days.

When negotiating an asbestos settlement, attorneys consider the extent to which each client has been hurt by their disease and what the total cost of treatment will be. They evaluate a broad range of costs from transportation to home health aids and complementary therapies. They also consider how much a person has lost in income and other assets.

It can take 10 to 50 years for symptoms to show up The majority of people diagnosed with mesothelioma are in their 70s. However, patients in their 40s and 50s could also suffer from asbestos-related diseases. Asbestos-related victims can get compensation from the companies that exposed them toxic substance, from asbestos trust funds and even from insurance companies that have taken over the responsibility for asbestos-related manufacturers.

Treatment of asbestos-related ailments and mesothelioma is costly. It can be a very lonely time for those suffering. A top mesothelioma lawyer can assist in ensuring that each victim receives the full amount they deserve. In some cases, compensation could be in the millions. Asbestos victims whose loved ones have died from mesothelioma or another asbestos-related disease, can also pursue wrongful-death suits against the responsible party.