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. Compensation can take the form of a verdict by a jury or settlement.

A mesothelioma lawyer with experience can help you choose the best type of lawsuit for your case. The process begins with the filing of an initial complaint. The defendants are given a certain time frame to respond.

Mesothelioma

Mesothelioma is a type of cancer, affects the thin tissue layer that covers the majority of the internal organs of the body. Exposure to asbestos can trigger the disease. The disease usually manifests in the lungs (pleural mesothelioma) but it can also be found in the stomach liner (peritoneal mesothelioma), the heart, and testicles. The condition is rare but it is a serious condition and, in most cases, fatal.

Most people who suffer from mesothelioma have inhaled asbestos dust during their work. The disease can take years to develop and symptoms might not appear for a long time. In most cases, the first symptom is breathlessness or chest pain. Mesothelioma is not curable however there are treatment options to alleviate symptoms and prolong the lifespan.

A patient may be diagnosed with mesothelioma through medical history, physical examination and laboratory tests. It is important to tell your doctor about any asbestos-related exposure prior to the time of exposure, as it could increase the risk of developing mesothelioma.

The symptoms of mesothelioma could be confused with other illnesses. Early symptoms include shortness of breath, chest pain, and dry cough. These are similar to those of lung disorders, such as pneumonia and bronchitis. This makes it difficult to diagnose mesothelioma. Many patients are not diagnosed until the advanced stages of the disease, which is when it becomes more difficult to treat.

Scientists have identified several contributing factors to the growth of mesothelioma. The exposure to asbestos is the most widely known factor. Other contaminants in the environment, such as arsenic and cadmium can also trigger this condition.

The three malignant types of mesothelioma can be distinguished based on the cells are affected. Pleural mesothelioma is by far the most prevalent form of the disease. It occurs in the lining of the chest cavity and lungs (pleura). Peritoneal Mesothelioma, though less prevalent, is dangerous. It is located in the inner lining (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles.

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

Asbestos Litigation

Asbestos-related diseases can cause financial hardship for the victims. Asbestos suits can help victims receive the compensation they require to cover their expenses and improve their quality of life. The first step in a asbestos lawsuit is gathering evidence and identifying key defendants. This includes reviewing the work history of the victim and determining whether asbestos-related products contributed to their condition. A victim's trial team will then bring a mesothelioma lawsuit against the responsible companies and manufacturers.

The next stage in an asbestos lawsuit is the discovery process. Interviewing colleagues and looking at asbestos dust samples and also reviewing the victim's medical records or laboratory tests are all part of the discovery process. Once an inventory of employers, vendors, and products is established and maintained, it can be used to find potential defendants. This can take years depending on the victim's work background. It involves speaking with co-workers, relatives or abatement workers, and examining various records that 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. These motions are usually based on technical issues and are contested by experienced lawyers.

After a trial date has been scheduled, victims will need to demonstrate their injuries before the jury. This is a challenging job, as mesothelioma along with other asbestos-related diseases are hard to diagnose and can have a long time to develop. The victim must be able show that the exposure to asbestos was the cause of the disease and was a direct consequence.

Asbestos trial attorneys can create a compelling case for their clients based on their extensive knowledge of this area of law. They can also negotiate with insurance companies and proactively address the defenses that defendants raise to ensure that their client receives a fair settlement.

Mass torts are frequently used to describe asbestos cases because they involve large numbers of victims who are harmed by multiple defendants. The Judicial Panel on Multidistrict Litigation has brought together thousands of asbestos cases into MDL 875, In Re Asbestos Products Liability Litigation. The litigation is 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 at some point. It takes repeated, long-term exposure to asbestos for serious diseases like mesothelioma develop. The time period between exposure to asbestos and the diagnosis of mesothelioma could range from 10 to 60 years.

The asbestos industry has been involved in numerous 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 manufacturers. In the beginning, families demanded compensation for a dead loved one from the firms that made asbestos-based items.

Asbestos is one of the fibrous minerals that are found in the natural environment. Asbestos was a well-known building material in the 1920s, and into the 1960s due to its heat, fire, and corrosion resistant. It is also durable and cheap. Asbestos has been utilized 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 identified to be a powerful carcinogen that is capable of creating mesothelioma, lung cancer, and asbestosis. These illnesses are caused by asbestos fibers, which can infiltrate the lungs for a prolonged period of time, causing inflammation and scarring.

Asbestos can be released into the air if asbestos-containing substances are disturbed. This can occur in military, commercial and residential structures, as well as on contaminated highways, bridges, and even ships. Asbestos removal is controlled by the Environmental Protection Agency, which provides guidelines for the proper handling, disposal and testing of contaminated materials.

In certain cases families of mesothelioma victims have sought compensation from corporations that manufactured asbestos-based products and claimed that the companies were negligent in their marketing and product development practices. Mesothelioma is a terminal illness with an estimated mortality rate of 90 percent which is why it is essential that patients seek compensation. A mesothelioma lawyer will guide victims, their families and loved family members through the process of suing negligent asbestos manufacturers.

Compensation

Many asbestos-related victims can receive compensation for medical expenses or lost wages as well as pain and suffering. The amount of compensation is contingent on a variety of factors like the severity of the disease or period between exposure to asbestos and the diagnosis.

Those diagnosed with mesothelioma or other asbestos-related diseases are often eligible for significant financial awards. Asbestos attorneys can help determine compensation eligibility. They may review the medical history of the patient, work history, and the places where they've worked. They can use information from thousands of asbestos products and work sites to determine where and how a person was affected by asbestos.

After lawyers have gathered this information, they will make a claim against an asbestos producer or trust fund. This usually happens at the state-level. The majority of mesothelioma cases are being resolved through an asbestos settlement, instead of a trial. A lawyer who is specialized in asbestos usually negotiates a settlement with a client within 90 days.

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

It takes between 10 and 20 years for symptoms to show up and most patients are diagnosed with mesothelioma in their 70s. However, people in their 40s and 50s may also suffer from asbestos-related illnesses. Asbestos victims can recover compensation from the companies who exposed them toxic substance and asbestos trust funds and from insurers who have assumed responsibility for asbestos manufacturers.

Mesothelioma and asbestos settlement other asbestos-related ailments are costly to treat. It can be a lonely time for those suffering. A mesothelioma lawyer of the top quality can help ensure that every victim receives the full amount they deserve. In certain cases, the amount given is in the millions of dollars. Asbestos victims of loved ones who died from mesothelioma or another asbestos-related disease, can also file a wrongful death suit against the responsible party.