What is an Asbestos Lawsuit?

An asbestos lawsuit is a way for a victim or their family members to get compensation from the company responsible for their exposure. Compensation could take the form of a jury verdict or settlement.

An experienced mesothelioma attorney can determine which type of lawsuit is appropriate for your specific situation. The process begins with the filing of a complaint. The defendants are given a certain amount of time to respond.

Mesothelioma

Mesothelioma is a type of cancer, affects the tissue layer that covers the majority of the internal organs of the body. Exposure to asbestos is the cause. The most common site of the disease is the lungs (pleural mesothelioma) but it can also be found in the stomach lining (peritoneal mesothelioma) as well as the heart and testicles. The condition is not common, but it can be aggressive and usually fatal.

The majority of people diagnosed with mesothelioma have worked in jobs where they inhaled asbestos dust. The disease can take a long time to develop and symptoms may not manifest for several years. In the majority of cases, chest pain and breathlessness are the first symptoms. Mesothelioma isn't curable but there are therapies that can relieve symptoms and prolong the life of patients.

A patient can be diagnosed with mesothelioma by medical history, physical examination and laboratory tests. It is important to discuss any previous exposure to asbestos with a doctor as it could increase the chance of developing the disease.

The symptoms of mesothelioma aren't very specific and can be mistaken for other diseases. Early signs include shortness of breath, chest pain, and dry cough. These are similar to those of lung-related conditions such as pneumonia or bronchitis. This makes it difficult for doctors to diagnose mesothelioma. Many patients are diagnosed at the later stages, which means that the disease is more difficult.

Scientists have discovered a variety of factors that may be responsible for the development of mesothelioma. Exposure to asbestos is among the most well-known cause. Other contaminants in the environment, such as arsenic and cadmium can be a cause of this disease too.

The three types of malignant mesothelioma can be distinguished based on the cells are affected. Pleural mesothelioma, the most common type of the disease, is the most prevalent. It is found in the the chest cavity and lungs (pleura). Peritoneal mesothelioma is a lesser-known condition however it is still very serious. It occurs in the stomach's lining (peritoneum). Testicular mesothelioma is very rare and is found in the testicles.

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

Asbestos Litigation

In addition to the physical pain as a result of asbestos-related diseases patients often experience financial difficulties due to the loss of income. Asbestos suits can help victims receive the compensation they need to cover their expenses and improve their standard of living. The first step in a asbestos lawsuit is gathering evidence and identifying the defendants. This involves examining the history of a victim's employment and determining how asbestos-related products caused their illness. The victim's legal team will bring mesothelioma lawsuits against the responsible companies.

The next step in an asbestos lawsuit is the discovery process. This involves interviewing coworkers, looking at asbestos dust samples, and examining the medical records of the victims and laboratory tests. 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, and includes interviewing family members, co-workers, abatement workers and reviewing a variety of documents such as Social Security, tax, union and employer documents.

During the discovery phase asbestos and other defendants might file procedural motions seeking to disqualify the plaintiff's case. They typically focus on technical issues and are challenged by experienced lawyers in a timely manner.

When a trial date has been established, the victims must demonstrate their injuries before jurors. This is a challenging task because mesothelioma as well as other asbestos-related diseases are difficult to identify and can have a long latency period. The patient must establish that exposure to asbestos was the reason for the disease and was a direct cause.

Asbestos lawyers can make an argument that is convincing for their clients based on their extensive experience in this particular area of law. They can also deal with insurance companies, and proactively address the defenses raised by defendants to ensure that their clients receive an appropriate settlement offer.

Mass torts are typically 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 consolidated 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 a majority of people have been exposed at some point. It requires repeated and prolonged exposure to asbestos for severe diseases like mesothelioma develop. The time between initial exposure and diagnosis of mesothelioma could range from 10 to 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 a strict liability for asbestos producers. In the early cases, families sought compensation for a deceased loved one from the companies that made asbestos-based products.

Asbestos is one of the fibrous minerals that are found in the natural world. Asbestos is resistant to heat, fire and corrosion, was a popular material for construction in the 1920s and into the 1960s. It's also strong and affordable. Asbestos has been utilized in numerous construction projects. It was sprayed on the sound and fire insulation floor tiles, ceiling tiles roofing and siding shingles, and pipe coating.

Unfortunately asbestos has been discovered to be a powerful carcinogen capable of inducing mesothelioma as well as lung cancer, and asbestosis. These illnesses can be caused by breathing asbestos fibers in tiny amounts, which can enter the lungs and stay there for a long time which can cause inflammation and scarring and eventually leading to cancerous tumors.

In certain situations asbestos may be released into the air when asbestos-containing materials are disturbed. This can occur in commercial, residential, and military structures, as well contaminated highways and bridges. The Environmental Protection Agency regulates asbestos removal, as well as guidelines for proper handling, disposal, and testing of material that has been contaminated.

In some cases, the family members of victims of mesothelioma have sought compensation from companies that make asbestos-based products. They claim that the companies were negligent with their product development and marketing. Mesothelioma can be a fatal disease with an estimated mortality rate of 90 percent which is why it is essential that victims seek compensation. A knowledgeable mesothelioma attorney will help victims and their loved families through the entire process of seeking compensation from negligent asbestos manufacturers.

Compensation

Many asbestos victims can receive compensation for medical expenses or lost wages as well as pain and suffering. The amount of compensation awarded is depending on a number of factors such as the severity of the illness as well as the length of time between exposure and diagnosis.

Many people diagnosed with mesothelioma or other asbestos-related diseases can receive substantial financial awards. Asbestos lawyers can help determine the eligibility to receive compensation. They may review a patient's medical records along with the work history of the patient and places where they worked. They can then analyze information on thousands of job sites and asbestos products to determine the extent and the place where an individual was exposed to asbestos.

Once the lawyers have gathered this information, they'll file a lawsuit against an asbestos manufacturer or trust fund. This is usually done at the state level. Most mesothelioma cases end up being resolved by an asbestos settlement, instead of a trial. An asbestos claim lawyer will typically reach a settlement in 90 days.

When negotiating an asbestos settlement, lawyers take into account the extent to which each client has been hurt by their disease and what the total cost of care will be. They consider a range of costs such as transportation costs, home health aides and complementary therapies. They also consider how much income and other assets that a victim was able to lose.

The majority of people diagnosed with Mesothelioma are in their 70s. Asbestos-related diseases also affect victims in their 40s and 50s. Asbestos sufferers may be able to claim compensation from the companies that exposed asbestos and asbestos trust funds and even insurance companies that have assumed the responsibility of asbestos manufacturers.

Treatment for asbestos-related diseases and mesothelioma is costly. It can be a lonely time for those suffering. An experienced mesothelioma lawyer will help ensure that each victim receives the compensation they are entitled to. In certain instances, the amount given is in the millions of dollars. Asbestos victims who have lost a loved person to mesothelioma, or another asbestos-related illness may also file a wrongful death lawsuit against the person responsible.