What is an Asbestos Lawsuit?

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

A reputable mesothelioma law firm can help you determine which lawsuit is best for your specific situation. The process starts with the filing of an initial complaint. The defendants are given a short time to respond.

Mesothelioma

Mesothelioma, a form of cancer, affects the thin tissue layer that covers the majority of the internal organs in the body. It is caused by exposure to asbestos. The disease is most commonly found in the lungs however, it can also affect stomach lining, the heart, and testicles (peritoneal pleural mesothelioma). The condition is not common however, it can be extremely aggressive and often fatal.

Most people with mesothelioma have worked in jobs where they inhaled asbestos dust. It can take decades for the cancer to develop and symptoms can not be evident for a long time after exposure. In most instances, the first sign is a shortness of breath or chest pain. Mesothelioma cannot be treated however, there are treatments to alleviate symptoms and prolong the life span.

Mesothelioma is diagnosed based on the medical history of a patient, physical exam, and laboratory tests. It is important to discuss any previous exposure to asbestos with your doctor, because it can increase the chance of developing the disease.

The symptoms of mesothelioma may be confused with other illnesses. The first signs are chest pain, shortness of breath, and dry cough. These symptoms are similar to those experienced with lung diseases like bronchitis or pneumonia. This makes mesothelioma hard to identify. Many patients are diagnosed in the later stages, when the disease is more difficult to diagnose.

Scientists have identified many factors that contribute to the development of mesothelioma. Exposure to asbestos is among the most well-known cause. However, other environmental contaminants like arsenic and cadmium can cause the disease.

Malignant mesothelioma has been classified into three types based on the number of cells affected. Pleural mesothelioma, which is the most common type of the disease is the most common. It occurs in the the chest cavity and the lungs (pleura). Peritoneal Mesothelioma is not as common, is dangerous. It is found in the inner lining (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles.

Researchers continue to study the connection between mesothelioma and asbestos exposure. There is evidence that suggests that gene mutations could influence the risk of developing mesothelioma. Clinical trials testing medicines that target these mutations are ongoing.

Asbestos Litigation

In addition to the physical pain that is associated with asbestos-related illnesses the victims are often faced with financial hardship as a result of the loss of income. Asbestos lawsuits help victims recover the amount they require to pay for these expenses and restore their quality of life. The initial step of an asbestos lawsuit is gathering evidence and identifying the key defendants. This involves looking over the work history of the victim and determining how asbestos-related products caused their illness. A victim's team will then file mesothelioma suits against the responsible companies.

The next phase of an asbestos lawsuit is the discovery process. This involves interviewing co-workers, looking at asbestos dust samples, and reviewing the medical records of the victim and laboratory tests. Once a comprehensive database of employers, products and vendors is established, potential defendants are identified. This can take years dependent on the victim's job history, and involves interviewing family members, coworkers, abatement workers and reviewing a variety of documents, including Social Security, tax, union and employer documents.

During the discovery stage asbestos and other defendants are able to file procedural motions to dismiss the plaintiff's claims. These motions usually are made based on technical issues, and are contested by experienced lawyers.

If a trial date is been set, the plaintiffs will be required to prove their injuries before a jury. This is a tough task since mesothelioma as well as other asbestos-related diseases are difficult to identify. The patient must prove that exposure to asbestos was the reason for the disease and that it was a direct consequence.

Asbestos trial attorneys can create an impressive case for their clients based on their years of knowledge of this area of law. They can also bargain with insurance companies and address defenses that defendants raise to ensure that their clients receive a fair settlement offer.

Many asbestos cases are classified as mass torts because they involve large numbers of injured individuals against multiple defendants. The Judicial Panel on Multidistrict Litigation combined thousands of asbestos cases into MDL 875 In Re Asbestos Products Liability Litigation. The litigation is currently in progress 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 at some point. However, it requires repeated and prolonged exposure to asbestos to cause serious diseases like mesothelioma. The time from initial exposure until diagnosis of mesothelioma can range between 10 and 60 years.

The asbestos industry is implicated in several class action lawsuits. The most famous was Borel v. Fireboard Paper Products Corporation. This case established a strict liability for asbestos producers. In the beginning, families sought compensation from companies that made asbestos-based items for the death of a loved one.

Asbestos is composed of fibrous minerals found in nature. Asbestos was a sought-after building material in the 1920s and into the 1960s because of its fire, heat, and corrosion resistant. It is also durable and cheap. Asbestos is used in numerous construction projects. It was sprayed onto fire and sound insulation, floor tiles, ceiling tiles roofing and siding shingles and pipe coating.

Asbestos is a potent carcinogen capable of causing asbestosis, lung cancer and mesothelioma. These diseases can be caused by breathing in tiny asbestos fibers, which can get into the lungs and remain there for a long time leading to inflammation and scarring and eventually causing cancerous tumors.

In certain instances, asbestos legal can be released into the air when asbestos-containing materials are disturbed. This can happen in commercial, military and residential buildings as well as on contaminated highways, bridges, and ships. The Environmental Protection Agency regulates asbestos removal, as well as guidelines for proper handling, disposal and testing of asbestos-contaminated material.

In a few cases, family members of mesothelioma sufferers have sought compensation from the companies that made asbestos-based products in the belief that they were negligent in their marketing and product development practices. Mesothelioma can be a fatal disease with a 90 percent mortality rate and it is therefore essential that victims seek compensation. A mesothelioma lawyer can help victims as well as their families and loved relatives through the process of suing negligent asbestos manufacturers.

Compensation

Many asbestos victims are entitled to compensation for a range of expenses, including medical bills, lost wages and suffering and pain. The amount of compensation offered is according to a variety factors such as the severity of each victim's illness and the length of time between exposure and diagnosis.

Many people who are diagnosed with mesothelioma or other asbestos-related diseases can be awarded substantial financial compensation. Asbestos lawyers can help determine compensation eligibility. They can examine the medical records of a patient, work history and the places where they worked. They can then look up information from thousands of workplaces and asbestos products to determine if and the location where a person was exposed to asbestos attorney.

After obtaining this information, lawyers will file a lawsuit against the trust fund or asbestos manufacturer. This usually happens at the state-level. The asbestos settlement is the most popular way to resolve mesothelioma claims. A lawyer that specializes in asbestos will usually negotiate a settlement with a client within 90 days.

Attorneys take into account the total cost of care and the amount each patient will suffer from asbestos-related illness when negotiating a settlement. They take into consideration many costs including transportation costs to the cost of home health aids and complementary therapies. They also take into account how much income and other assets a victim has lost.

It takes between 10 and 20 years for symptoms to surface The majority of patients are diagnosed with mesothelioma within their 70s. However, people in their 40s and 50s could also be affected by asbestos-related diseases. Asbestos victims can recover compensation from the companies who exposed them toxic substance or asbestos trust funds, and even from insurers that have assumed responsibility for asbestos manufacturers.

Mesothelioma and other asbestos-related diseases can be expensive to treat. It can be a lonely time for those who suffer. A top mesothelioma attorney can ensure that every victim receives the maximum amount of compensation they deserve. In certain instances, the amount paid is in the millions of dollars. Asbestos victims of loved ones who died from mesothelioma or other asbestos-related disease, may bring a wrongful death lawsuit against the person responsible.