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What is an Asbestos Lawsuit?

An asbestos lawsuit is a way for a victim and their family to receive compensation from the companies that caused their exposure. The compensation could come in the form of a verdict by a jury 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 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. Exposure to asbestos is the cause. The condition is most often seen in the lung (pleural mesothelioma) however it can be found in the stomach lining (peritoneal mesothelioma) as well as the heart and testicles. The condition is extremely rare however, it can be extremely aggressive and usually fatal.

Most people who suffer from mesothelioma inhaled asbestos dust at work. It takes a long time for disease to develop and the symptoms may not show up until years after exposure. In the majority of cases, chest pain and shortness of breath are the first symptoms. Mesothelioma cannot be treated however there are treatment options to ease symptoms and prolong the life span.

A patient may be diagnosed with mesothelioma through medical history, physical examination and laboratory tests. It is essential to discuss any past exposure to asbestos with a doctor as it could increase the risk of developing the disease.

The symptoms of mesothelioma may not be necessarily specific and could be mistaken for other illnesses. Early signs include chest pain, a shortness of breathe, and a dry cough. They are similar to symptoms of lung disorders, such as pneumonia and bronchitis. This makes mesothelioma hard to recognize. Many patients are not diagnosed until the advanced stages of the disease, when it is more difficult to treat.

Scientists have identified a range of causes that could cause mesothelioma to develop. Exposure to asbestos is among the most widely known factor. 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 which is the most prevalent type of disease is the most widespread. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal mesothelioma occurs less frequently however it is still very serious. It is found in the lining (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles.

Researchers continue to research the link between asbestos exposure and Mesothelioma. There is evidence suggesting that gene mutations can affect the likelihood of a person developing mesothelioma. Ongoing clinical trials are testing medications that target gene mutations.

Asbestos Litigation

In addition to the physical suffering as a result of asbestos-related diseases the victims are often faced with financial hardship as a result of the loss of income. Asbestos lawsuits assist victims in recovering the compensation they need to pay for these expenses and restore their lives. The first step of an asbestos lawsuit is to gather evidence and identifying the key defendants. This includes examining the past work history of the victim and determining whether asbestos-related materials caused their illness. The victim's team will file mesothelioma suits against the responsible companies.

The next phase of an asbestos lawsuit is the discovery process. Interviewing co-workers and studying asbestos dust samples as well as reviewing victim's medical documents or laboratory tests are all involved in the process of discovery. Once a complete database of employers, products and vendors is compiled, potential defendants can be identified. This could take several years, depending on the victim's employment background. It involves speaking with colleagues, relatives and abatement workers, as well as reviewing a variety of records such as Social Security, tax, union and employer records.

During the discovery stage, asbestos and other defendants are able to file procedural motions to dismiss the plaintiff's case. These motions are typically made based on technical issues, and are challenged by skilled lawyers.

When a trial date has been set, victims have to prove their injuries to a jury. This can be a difficult job, as mesothelioma along with other asbestos-related diseases are difficult to identify and can have a long time of latency. The patient must show that the exposure to asbestos caused 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 particular area of law. They can also negotiate directly with insurance companies, and also address defenses brought in the court by defendants. This will ensure that their clients get a fair settlement.

Mass torts are often 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 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

Asbestos exposure is so common in the United States that most people have come in contact with it at one time or another. It takes long-term and repeated exposure to asbestos to trigger mesothelioma-related illnesses that are serious. The time period between exposure and diagnosis of mesothelioma could range between 10 and 60 years.

The asbestos industry has been involved in a variety of class action lawsuits. The most famous was Borel v. Fireboard Paper Products Corporation. This case ruled that there was no strict liability for asbestos producers. In the early cases, families demanded compensation for a dead loved one from companies that manufactured asbestos-based products.

Asbestos is a class of fibrous minerals found in the natural world. Asbestos was a sought-after building material in the 1920s and throughout the 1960s because of its fire, heat, and corrosion resistant. It's also strong and inexpensive. Asbestos was used in many different construction projects, such as spraying on fire and sound insulation pipe coating, floor tiles, ceiling tiles, roofing and siding shingles.

Unfortunately asbestos has been discovered to be a powerful carcinogen capable of producing mesothelioma and asbestosis, and Asbestos Settlement lung cancer. These illnesses are caused by asbestos fibers, which can infiltrate the lungs for an extended period of time and cause inflammation and scarring.

In some instances asbestos may be released into the air when asbestos-containing materials are disturbed. This can occur in military, commercial and residential structures, as well as on bridges, highways, and ships. Asbestos removal is controlled by the Environmental Protection Agency, which includes guidelines that address proper disposal, handling and testing of contaminated materials.

In some instances, the families of patients with 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 terminal illness with an estimated mortality rate of 90 percent which is why it is essential that patients seek compensation. An experienced mesothelioma lawyer can assist victims and their loved relatives through the entire process of seeking compensation from negligent asbestos manufacturers.

Compensation

Many asbestos attorney victims can receive compensation for medical expenses along with lost wages and suffering. The amount of compensation varies on many factors, such as the severity the disease or time between exposure to asbestos and diagnosis.

People diagnosed with mesothelioma and other asbestos-related diseases are usually eligible for significant financial awards. Asbestos lawyers can help determine the eligibility of compensation. They can review the medical history of the patient as well as work history and 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 gathering the information, the lawyers will file a suit against the trust fund or asbestos manufacturer. This is usually done at the state-level. Most mesothelioma cases end up being resolved by an asbestos settlement, rather than a trial. A lawyer that specializes in asbestos attorney usually negotiates the settlement with a client within 90 days.

When negotiating an asbestos settlement, lawyers take into account the extent to which each client has been affected by their disease and what the total cost of treatment will be. They take into account many costs including transportation costs to assistance at home and complementary therapies. They also consider how much income and other assets a victim has lost.

Most people are diagnosed with Mesothelioma in their 70s. However, patients in their 40s or 50s can be affected by asbestos-related illnesses. Asbestos victims may be able to recover compensation from the companies that exposed asbestos to the public as asbestos trust funds and even insurance companies who have taken over the liability of asbestos manufacturers.

Treatment of asbestos-related diseases and mesothelioma is costly. It can be a very lonely time for those who suffer. A top mesothelioma attorney can help ensure each victim receives the maximum amount of compensation they deserve. In certain cases, the amount received is in the thousands of dollars. Asbestos victims whose loved ones have died from mesothelioma or other asbestos-related disease, can also pursue wrongful-death suits against the person responsible.