What is an Asbestos Lawsuit?

An asbestos lawsuit is a way for a victim or their family members to receive compensation from companies responsible for their exposure. The compensation could come in the form of a verdict by a jury or settlement.

A mesothelioma lawyer with experience can help you choose the best kind of lawsuit for your situation. The process begins with the filing of a complaint. The defendants are given a certain amount of time to reply.

Mesothelioma

Mesothelioma is a form of cancer that affects the thin layer of tissue that covers the majority of the organs inside your body. Exposure to asbestos can trigger the disease. The disease is most commonly found in the lungs, but it can also affect the stomach lining, the heart and testicles (peritoneal mesothelioma, also known as pleural). The condition is uncommon, but severe and often fatal.

The majority of people with mesothelioma ingested asbestos dust at work. The disease can take years to be diagnosed and symptoms may not manifest for several years. In the majority of cases, chest pain and shortness of breathe are the first symptoms. Mesothelioma cannot be treated however there are ways to relieve symptoms and extend the lifespan.

A patient may be diagnosed with mesothelioma by medical history, physical examination and laboratory tests. It is crucial to discuss any past exposure to asbestos with a physician since it may increase the chance of developing the disease.

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

Scientists have identified a variety of causes that could contribute to the development mesothelioma. The most prominent factor is exposure to asbestos. However other environmental pollutants such as cadmium and arsenic can also cause the disease.

Malignant mesothelioma has been classified into three types based on the type of cells affected. Pleural mesothelioma, the most frequent form of the disease. It is found in the the chest cavity and lungs (pleura). Peritoneal mesothelioma occurs less frequently however it is still very serious. It is located in the inner lining (peritoneum) of the stomach. It is a rare cancer that affects the testicles.

Researchers continue to investigate the connection between mesothelioma and asbestos exposure. There is evidence that suggests that genetic mutations can influence a person's risk 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 victims. Asbestos suits help victims get the compensation they need to cover their expenses and improve their quality of life. The first stage in a asbestos lawsuit is gathering evidence and identifying key defendants. This involves looking over the history of a victim's employment and determining if asbestos-related products contributed to their condition. A victim's team of trial lawyers will then start a mesothelioma suit against the responsible companies and manufacturers.

The next stage of an asbestos lawsuit is the discovery process. This involves interviewing co-workers and 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 compiled and maintained, it is possible to use it to identify potential defendants. This could take years depending on the victim's employment history, and involves interviewing family members, co-workers, abatement workers and reviewing various documents which include Social Security, tax, union and employer documents.

During the discovery stage, asbestos and other defendants may present procedural motions to dismiss the plaintiff's case. They usually revolve around technical issues and are contested by skilled attorneys quickly.

If a trial date is been set, the victims must demonstrate their injuries before an audience of jurors. This can be a difficult task because mesothelioma as well as other asbestos-related diseases are difficult to diagnose and have a lengthy time of latency. The victims must be able to demonstrate that their exposure asbestos caused the disease, and that the condition was the direct result of that exposure.

Asbestos lawyers can provide a compelling argument for their clients based on their extensive experience in this particular area of law. They can also negotiate with insurance companies and actively address defenses raised by defendants to ensure that their clients receive an appropriate settlement offer.

Many asbestos cases are referred to as mass torts because they involve large numbers of victims 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 ongoing in the Eastern District of Pennsylvania.

Class Action Lawsuits

asbestos attorney exposure is so common in the United States that most people have been exposed to it at one time or at some point. It takes repeated and prolonged exposure to asbestos to trigger serious diseases such as mesothelioma. The time between initial exposure to diagnosis of mesothelioma can range between 10 and 60 years.

The asbestos industry is implicated in a variety of class action lawsuits. The most well-known case was Borel v. Fireboard Paper Products Corporation. This case established strict liability for asbestos producers. In the beginning, families were seeking compensation for the death of a loved one from the companies that manufactured asbestos-based products.

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

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 can be caused by breathing asbestos fibers which can enter the lungs and stay there for a long period of time and cause inflammation and scarring and eventually leading to cancerous tumors.

In some cases, asbestos can be released into the air when asbestos-containing materials are disturbed. This could happen in military, commercial and residential structures, as well as in bridges, highways and ships. Asbestos removal regulations are enforced 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 the corporations were negligent in their product development and marketing. Mesothelioma can be a fatal disease with 90% mortality which is why it is essential that victims seek compensation. A mesothelioma lawyer with experience can help victims and their loved ones through the entire process of seeking compensation from negligent asbestos manufacturers.

Compensation

Many asbestos victims can claim compensation for medical bills as well as lost wages and suffering. The amount of compensation varies according to a variety factors that include the degree of condition and the length of time between exposure and diagnosis.

Anyone diagnosed with mesothelioma, or other asbestos-related illnesses are typically eligible to receive significant financial compensation. Asbestos lawyers can assist in determining the eligibility to receive compensation. They may look at the patient's medical history as well as work history and the locations where they have worked. They can use information from thousands of asbestos-related products and job sites to determine where and how an individual was affected by 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. The majority of mesothelioma cases end up being resolved via an asbestos settlement, instead of a trial. An asbestos lawyer will typically negotiate a settlement within 90 days.

Attorneys evaluate the total cost of care and the amount each client will suffer from their asbestos-related illness when negotiating a settlement. They consider various costs such as transportation costs, home health aides and complementary therapies. They also consider the amount a person has lost in income and other assets.

It takes 10-50 years for symptoms to show up and most people are diagnosed with mesothelioma in their 70s. Asbestos-related diseases can also affect people in their 40s and 50s. Asbestos victims can seek compensation from the companies who exposed them to the toxic substance as well as from asbestos trust funds, and from insurers who have taken over the responsibility for asbestos-related manufacturers.

Treatment for asbestos-related diseases and mesothelioma can be costly. It can also be a very lonely experience for those afflicted. A reputable mesothelioma lawyer will help ensure each victim receives all the compensation that they deserve. In certain cases, compensation could be in the millions. asbestos claim victims whose loved ones have died from mesothelioma, or another asbestos-related disease, can also pursue wrongful-death suits against the person responsible.