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What is an Asbestos Lawsuit?

An asbestos lawsuit can be a way for the victim or their family to receive compensation from the company responsible for their exposure. Compensation may take the form a jury verdict or settlement.

A reputable mesothelioma law firm can determine which type of lawsuit is appropriate for your situation. The process begins with the filing of a complaint. The defendants have a finite amount of time to respond.

Mesothelioma

Mesothelioma is a type of cancer that affects the thin layer of tissue that covers the majority organs in the body's internal organs. It is caused by exposure to asbestos. The most common site of the disease is the lungs (pleural mesothelioma) however it can be found in the stomach lining (peritoneal mesothelioma), heart, and testicles. The condition is rare but it is extremely serious and often fatal.

Most people who have mesothelioma have inhaled asbestos dust during their work. The disease can take decades to begin to develop, and symptoms may not manifest for several years. In most cases, the initial symptom is shortness of breath or chest pain. Mesothelioma isn't curable but there are therapies that can relieve symptoms and prolong the duration of life.

Mesothelioma can be diagnosed based on a patient's medical history as well as physical examination and laboratory tests. It is important to tell your doctor about any asbestos-related exposure experience, as it may increase the likelihood of developing mesothelioma.

The signs of mesothelioma can be mistaken for other illnesses. The first signs are chest pain, shortness of breathe, and a dry cough. They are similar to symptoms of lung-related conditions like pneumonia and bronchitis. This makes mesothelioma a challenge to detect. Many patients are not diagnosed until the advanced stages of the disease when it becomes more difficult to treat.

Scientists have identified a variety of causes that could contribute to the development mesothelioma. Exposure to asbestos is the most well-known cause. However, other environmental contaminants like cadmium and arsenic can also cause the disease.

Malignant mesothelioma has been classified into three types based on the number of cells 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 the lungs. Peritoneal mesothelioma occurs less frequently but still serious. It occurs in the lining of the stomach (peritoneum). Testicular mesothelioma is very rare and occurs in the testicles.

Researchers continue to research the connection between asbestos exposure and Mesothelioma. Some evidence suggests that gene mutations may influence the risk of developing mesothelioma. Clinical trials testing medicines that target these mutations are ongoing.

Asbestos Litigation

Asbestos-related illnesses can create financial hardship to victims. Asbestos lawsuits assist victims in recovering the compensation they need to offset these expenses and improve their lives. The first step of an asbestos lawsuit is obtaining evidence and identifying key defendants. This involves analyzing the past work history of the victim and determining whether asbestos attorney-related materials contributed to their condition. A victim's team of trial lawyers will then start a mesothelioma suit against the responsible manufacturers and companies.

The next phase of an asbestos lawsuit is the discovery process. Interviewing co-workers and looking at asbestos dust samples and also reviewing the victim's medical records or laboratory tests are all aspects of the discovery process. Once the database of employers, vendors, and products is established and compiled, it can be used to find potential defendants. It can take many years to complete this process depending on the length of time that the victim has worked. This includes interviewing coworkers, family members as well as abatement workers and reviewing various records, like Social Security, union, tax and employer records.

In the process of discovery, asbestos and other defendants can bring procedural motions for dismissal of the plaintiff's claim. These usually focus on technical issues, and are contested by skilled attorneys in a timely manner.

Once a trial date has been set, victims will have to show their injuries to an audience of jurors. This is a tough task as mesothelioma and other asbestos-related illnesses are difficult to identify. The patient must demonstrate that exposure to asbestos was the cause of the disease and that it was a direct consequence.

Asbestos trial lawyers can present an impressive case for their clients by drawing upon their vast experience in this area of law. They can also bargain with insurance companies and proactively address the defenses that defendants raise to ensure that their clients receive an equitable settlement offer.

Many asbestos cases are classified as mass torts due to the fact that they involve large numbers of injured people against multiple defendants. The Judicial Panel on Multidistrict Litigation has combined thousands of these 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 most people have been exposed to it at some time or another. However, it takes continuous and prolonged exposure to asbestos to cause mesothelioma-related illnesses that are serious. The latency period from initial exposure until diagnosis of mesothelioma could be between 10 to 60 years.

The asbestos industry has been involved in numerous class action lawsuits. The most famous one was Borel v. Fireboard Paper Products Corporation. This case established strict liability for asbestos producers. In the early cases families sought compensation for a deceased loved one from the companies that produced asbestos legal-based products.

Asbestos is comprised of fibrous minerals that are found in nature. Asbestos, which is resistant to fire, heat and corrosion, was a very popular material for building in the 1920s and into the 1960s. It is also durable and affordable. Asbestos has been used in a variety of different construction projects, such as spraying on fire and sound insulation pipe coating, ceiling tiles, floor tiles, roofing and siding shingles.

Asbestos is an extremely carcinogen capable of causing asbestosis, lung cancer and mesothelioma. These illnesses result from asbestos fibers, which can infiltrate the lungs over a long period of time, causing inflammation and scarring.

Asbestos can be released in the air if asbestos-containing materials are disturbed. This could happen in military, asbestos settlement commercial and residential buildings and also in bridges, highways and even ships. Asbestos removal is controlled by the Environmental Protection Agency, which provides guidelines for the proper disposal, handling, and testing of contaminated materials.

In a few cases, family members of victims of mesothelioma have sought compensation from corporations that manufacture asbestos-based products. They claim that these companies were negligent with their product development and marketing. Mesothelioma is a fatal illness with 90% mortality so it is imperative that patients seek compensation. A mesothelioma lawyer will guide victims as well as their families and loved relatives through the process of seeking compensation from negligent asbestos manufacturers.

Compensation

Many asbestos victims can receive compensation for medical expenses as well as lost wages and suffering. The amount of compensation offered is according to a variety factors that include the severity of each individual's condition and the length of time between exposure and diagnosis.

Many people who are diagnosed with mesothelioma and other asbestos-related diseases may be eligible for substantial financial compensation. Asbestos lawyers can assist in determining the right to compensation. They can review the medical history of the patient, work history, and the locations where they have worked. They can use information from thousands of asbestos products and job sites to determine if and how an individual was affected by asbestos.

After obtaining this information, the lawyers will then file a suit against a trust fund or asbestos manufacturer. This usually happens at the state-level. The majority of mesothelioma cases wind up being resolved via an asbestos settlement rather than a trial. An asbestos lawyer will typically reach a settlement in 90 days.

When negotiating an asbestos settlement, lawyers consider how much each client has been hurt through their illness and what the total cost of treatment will be. They consider a wide range of expenses, from transportation to home health aids and complementary therapies. They also look at how much income and other assets the victim lost.

Most people are diagnosed with Mesothelioma in their 70s. However, people in their 40s and 50s may also suffer from asbestos-related diseases. Asbestos-related victims can get compensation from the companies that exposed them to the toxic substance or asbestos trust funds, and from insurance companies that have assumed the responsibility for asbestos manufacturers.

Treatment of asbestos-related illnesses and mesothelioma can be costly. It can also be a very lonely experience for those who suffer from. A top mesothelioma attorney can assist in ensuring that every victim receives the compensation they deserve. In some cases, the compensation received is in the thousands of dollars. Asbestos victims families whose loved ones have passed away from mesothelioma, or an asbestos-related disease, can also pursue wrongful-death suits against the responsible party.