What is an Asbestos Lawsuit?

A lawsuit against asbestos-related companies is a great opportunity for families of victims to be compensated. Compensation could take the form of a jury verdict or settlement.

A mesothelioma attorney with experience will help you decide on the most appropriate kind of lawsuit for your case. The process begins with the filing of an initial complaint. The defendants are given a certain amount of time to respond.

Mesothelioma

Mesothelioma is a form of cancer that affects the thin layer of tissue that covers a lot organs in the organs inside your body. Exposure to asbestos can trigger the disease. The disease usually manifests in the lung (pleural mesothelioma) however it can occur in the stomach lining (peritoneal mesothelioma) or in the heart as well as testicles. The condition is uncommon, but aggressive and usually fatal.

Most people who have mesothelioma breathed asbestos dust while at work. It takes a long time for disease to develop and symptoms may not show up until years after exposure. In most cases, the initial symptom is breathlessness or chest pain. Mesothelioma is not curable however, there are treatments to relieve symptoms and prolong the life.

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

The signs of mesothelioma can be confused with other illnesses. Early symptoms include chest pain, shortness of breath, and dry cough. These symptoms are similar to those experienced with lung diseases like pneumonia or bronchitis. This makes mesothelioma very difficult to identify. A majority of patients are diagnosed in the latter stages, when the disease is more difficult.

Scientists have identified a number of factors that cause mesothelioma to develop. The most frequent cause is exposure to asbestos. However other environmental pollutants, such as arsenic or cadmium could also cause the disease.

The three types of malignant mesothelioma are based on which cells are affected. Pleural mesothelioma which is the most prevalent type of disease is the most prevalent. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal Mesothelioma, though not as common, is serious. It is found in the lining of the stomach (peritoneum). Testicular mesothelioma occurs in a very limited number of cases and can be found in the testicles.

Researchers continue to investigate the relationship between asbestos exposure and mesothelioma. Some evidence suggests that genetic mutations may influence a person's chances of developing the disease. Clinical trials to test drugs that target these gene mutations are ongoing.

Asbestos Litigation

Asbestos-related diseases can cause financial hardship for the victims. Asbestos lawsuits can help victims receive the money they need to pay for these expenses and restore their standard of living. The first step in an asbestos lawsuit is gathering evidence and identifying the defendants. This involves analyzing the past work history of the victim and determining if asbestos-related substances were responsible for their illness. The victim's team will bring mesothelioma lawsuits against the responsible companies.

The discovery phase is the next step in a lawsuit involving asbestos. interviewing coworkers, looking at asbestos dust samples as well as reviewing a victim's medical records or laboratory tests are all an element of the discovery process. Once the database of employers, vendors and products is built it can be used to identify potential defendants. It can take many years to complete this process dependent on the length of time the victim has worked. This involves interviewing family members, coworkers as well as abatement workers and studying various records, including Social Security, union, tax and employer records.

During the discovery phase asbestos and other defendants might make procedural motions to dismiss a plaintiff's case. These typically center on technical issues, and are challenged by experienced attorneys in a timely manner.

Once a trial date has been set, the victims must prove their injuries before jurors. This is a challenging job, as mesothelioma along with other asbestos-related diseases are difficult to diagnose and have a lengthy 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 attorneys can present a compelling argument for their clients based on their extensive knowledge of this area of law. They can also work directly with insurance companies, and address defenses raised in court by defendants. This will ensure that their clients receive an equitable 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 cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is currently pending 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 another time. It requires repeated and prolonged exposure to asbestos for serious illnesses such as mesothelioma to develop. The time period between initial exposure to diagnosis of mesothelioma could be between 10 and 60 years.

The asbestos industry is involved in a variety of 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 demanded compensation for a dead loved one from the companies that manufactured asbestos-based products.

Asbestos is made up of fibrous minerals found in nature. Asbestos was a sought-after building material in the 1920s, and into the 1960s because it is heat, fire and corrosion resistant. It's also strong and inexpensive. Asbestos has been utilized in numerous construction projects. It was sprayed on fire and sound insulation flooring tiles, ceiling tiles roofing and siding shingles, and pipe coatings.

Unfortunately, asbestos has been found to be a powerful carcinogen capable of inducing mesothelioma as well as asbestosis, and lung cancer. These diseases can be caused by breathing asbestos fibers that are tiny, that can be absorbed into the lungs and stay there for a long period of time which can cause inflammation and scarring and eventually causing cancerous tumors.

Asbestos is 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 ships. The Environmental Protection Agency regulates asbestos removal, as well as guidelines for proper handling, disposal, and testing of asbestos-contaminated material.

In some cases, families of victims of mesothelioma have sought compensation from corporations that make asbestos-based products. They claim that the corporations were negligent in their product development and marketing. Mesothelioma is a terminal illness with a 90 percent mortality rate so it is imperative that victims seek compensation. A mesothelioma lawyer can help victims along with their families and loved relatives through the process of seeking compensation from negligent asbestos manufacturers.

Compensation

Many asbestos victims can receive compensation for medical bills, lost wages, and pain and suffering. The amount of compensation awarded depends on a variety of factors such as the severity the victim's illness or the time between exposure to asbestos and the diagnosis.

Anyone diagnosed with mesothelioma, or other asbestos-related illnesses are typically qualified to receive significant financial awards. Asbestos attorneys can help determine compensation eligibility. They can review a patient's medical records, work history and places where they worked. They can use information from thousands of asbestos-related products and job sites to determine if and how an individual was affected by asbestos.

After gathering the information, asbestos settlement the lawyers will file a suit against the trust fund or asbestos manufacturer. This usually happens at the state-level. The majority of mesothelioma cases wind up being resolved through an asbestos settlement, rather than a trial. A lawyer with expertise in asbestos is able to negotiate a settlement with a client within 90 days.

When negotiating an asbestos settlement, lawyers take into account how much each client has been affected by their condition 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 weigh in how much a person has lost in income and other personal 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, people in their 40s and 50s may also suffer from asbestos-related illnesses. Asbestos victims might be able recover compensation from companies who exposed asbestos or asbestos trust funds and even insurance companies who have taken over the liability of asbestos manufacturers.

Treatment for asbestos-related diseases and mesothelioma can be costly. It can be a very lonely time for those who suffer. A mesothelioma lawyer of the top quality can help ensure each victim receives all the compensation they deserve. In some cases, the compensation could reach millions of dollars. Asbestos victims who have lost a loved one to mesothelioma or another asbestos-related disease can also pursue wrongful death lawsuits against the party responsible.