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What is an Asbestos Lawsuit?

An asbestos lawsuit is a method for a victim or family members to obtain compensation from the companies that caused their exposure. Compensation can take the form of a jury verdict, settlement or a settlement.

A mesothelioma attorney with experience can help you choose the most appropriate type of lawsuit for your situation. The process begins by the filing of a complaint. Defendants have a limited time frame 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 cause of asbestos-related disease is located in the lungs, but can also affect the stomach lining, the heart, and testicles (peritoneal pleural mesothelioma). The condition is rare but aggressive and usually fatal.

The majority of mesothelioma patients have worked in jobs where they inhaled asbestos dust. It takes a long time for the cancer to develop and symptoms may not show up until years after exposure. In most cases, the first symptom is a shortness of breath or chest pain. Mesothelioma isn't curable but there are therapies that can ease symptoms and prolong the duration of life.

Mesothelioma diagnosis is based on a patient's medical history along with physical examination and laboratory tests. It is essential to inform your doctor about any asbestos exposure history, as it can increase the risk of developing mesothelioma.

The symptoms of mesothelioma may be misinterpreted as other illnesses. Early signs include shortness in breath, chest pain and dry cough. These symptoms are similar to those seen with lung conditions such as bronchitis or pneumonia. This makes mesothelioma a challenge to identify. Many patients are not diagnosed until advanced stages of the disease when it is more difficult to treat.

Scientists have identified several factors that contribute to the development of mesothelioma. Exposure to asbestos is the most well-known one. However other environmental pollutants like cadmium and arsenic can also cause the disease.

The three types of malignant mesothelioma are determined by which cells are affected. Pleural mesothelioma, which is the most commonly encountered type of the disease is the most widespread. It affects the lining of the chest cavity (pleura) and lungs. Peritoneal Mesothelioma though less prevalent, is extremely serious. It occurs in the stomach's lining (peritoneum). Testicular mesothelioma can be found in very few cases and occurs in the testicles.

Researchers continue to research the connection between mesothelioma and asbestos exposure. There is evidence that suggests that mutations in genes may influence a person's chances of developing the disease. Ongoing clinical trials are testing medications that target gene mutations.

Asbestos Litigation

In addition to the physical pain as a result of asbestos-related diseases, victims often face financial difficulties due to the loss of income. Asbestos suits aid victims in receiving the compensation they require to pay for their expenses and improve their quality of life. The first step in a lawsuit involving asbestos is gathering evidence and identifying defendants. This involves analyzing the work history of the victim and determining if asbestos-related products contributed to their condition. A victim's trial team will then file a mesothelioma lawsuit against the responsible manufacturers and companies.

The discovery phase is the next one in an asbestos lawsuit. Interviewing coworkers and studying asbestos dust samples as well as reviewing a victim's medical documents or laboratory tests are all part of the discovery process. Once the database of employers, vendors and products is created it can be used to identify potential defendants. This could take years, depending on the victim's employment background, and includes interviewing family members, coworkers, abatement workers and reviewing several documents such as Social Security, tax, union and employer documents.

During the discovery stage, asbestos and other defendants might bring procedural motions in order to throw out the plaintiff's case. These motions are usually based on technical issues and are contested by experienced attorneys.

If a trial date is been set, the plaintiffs must show their injuries to a jury. This is a tough task because mesothelioma, and other asbestos-related diseases are difficult to determine. Victims must show that their exposure to asbestos caused the disease, and that the condition was a direct result of the exposure.

Asbestos lawyers can present a compelling argument 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 get an equitable settlement.

Mass torts are often 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 currently ongoing in the Eastern District of Pennsylvania.

Class Action Lawsuits

Asbestos exposure is so widespread in the United States that most people have come in contact with it at one time or another. However, it takes an extended and repeated exposure to asbestos to trigger serious illnesses like mesothelioma. The time between the initial exposure to the diagnosis of mesothelioma may range between 10 to 60 years.

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

Asbestos is comprised of fibrous minerals found in nature. Asbestos was an extremely popular building material during the 1920s and into the 1960s because of its heat, fire and corrosion-resistant. It's also strong and affordable. Asbestos has been used in various construction projects. It was sprayed onto the sound and fire insulation, floor tiles, ceiling tiles, roofing and siding shingles and pipe coating.

Unfortunately asbestos has been proven to be a potent carcinogen that has the potential of inducing mesothelioma as well as lung cancer, and asbestosis. These diseases are caused by asbestos fibers, which can infiltrate the lungs for an extended period of time and cause inflammation and scarring.

In some cases asbestos can release into the air when asbestos-containing materials are disturbed. This could happen in commercial, military and residential structures, and also in bridges, highways and ships. The Environmental Protection Agency regulates asbestos removal, as well as guidelines for proper handling, disposal, and testing of contaminated material.

In some cases, family members of mesothelioma sufferers have sought compensation from the corporations that made asbestos-based items and claimed that the companies were negligent in their product development and marketing practices. Mesothelioma is a fatal illness with a 90 percent mortality rate so it is imperative that patients seek compensation. An experienced mesothelioma lawyer 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 wide range of expenses that include medical bills, lost wages and pain and suffering. The amount of compensation offered is according to a variety factors that include the severity of each victim's condition and the length of time between exposure and diagnosis.

Many people who are diagnosed with mesothelioma or other asbestos-related illnesses can receive significant financial awards. Asbestos attorneys can help determine the eligibility of compensation. They may review a patient's medical records, work history and places where they worked. They may then utilize information from thousands of job sites and asbestos products to determine the extent and which areas a person was exposed to asbestos.

After gathering the information, the lawyers will file a lawsuit against a trust fund or asbestos manufacturer. This is usually done at the state level. Most mesothelioma cases end up being resolved by an asbestos settlement, instead of a trial. An asbestos lawyer will typically settle a case within 90 days.

When negotiating an asbestos settlement, attorneys take into consideration the extent to which each client has been affected by their illness and what the total cost of care will be. They take into consideration a range of expenses, from transportation to home health aids, as well as complementary therapies. They also consider how much a victim has lost in income and other personal assets.

It takes between 10 and 20 years for symptoms to surface, so most people are diagnosed with mesothelioma by their 70s. Asbestos-related diseases can also affect victims in their 40s and 50s. Asbestos victims might be able to recover compensation from companies that exposed asbestos to the public and asbestos trust funds and even insurers who have assumed the responsibility of asbestos manufacturers.

Mesothelioma and other asbestos-related illnesses can be expensive to treat. It can also be a lonely experience for those affected. An experienced mesothelioma lawyer will assist in ensuring that every victim gets the full compensation they deserve. In some cases, compensation can be as high as millions of dollars. Asbestos victims who have lost a loved family member to mesothelioma and/or another asbestos-related disease can also pursue wrongful death lawsuits against the party responsible.