What is an Asbestos Lawsuit?
An asbestos lawsuit is a means for a victim or their family members to obtain compensation from the companies that caused their exposure. Compensation could take the form of a jury verdict or settlement.
A reputable mesothelioma law firm will determine which lawsuit is suitable for
asbestos case your particular situation. The process starts with the filing of a complaint. The defendants have a limited time to respond.
Mesothelioma
Mesothelioma is a form of cancer that affects the thin layer of tissue that covers a lot organs in the body's internal organs. Exposure to asbestos can trigger the disease. The most common site of the disease is the lungs (pleural mesothelioma) but it can also occur in the stomach liner (peritoneal mesothelioma), the heart, and testicles. The condition is uncommon, but it is extremely serious and often fatal.
The majority of people with mesothelioma inhaled asbestos dust at work. It takes a long time for disease to develop and the symptoms may not be evident for a long time after exposure. In most instances, chest pain or breathing problems are the first symptoms. Mesothelioma is not curable however there are ways to ease symptoms and prolong the life span.
A patient can be diagnosed with mesothelioma on the basis of medical history, physical examination and laboratory tests. It is essential to discuss any previous exposure to asbestos with a physician as it could increase the risk of developing the disease.
The symptoms of mesothelioma can be very specific and can be mistaken for other diseases. Early symptoms include shortness of breath, chest pain, and dry cough. They are similar to the symptoms of lung conditions like pneumonia and bronchitis. This makes mesothelioma hard to recognize. Many patients are diagnosed in the later stages, when the disease is more difficult.
Scientists have identified a variety of causes that could influence the development of mesothelioma. The most common factor is exposure to asbestos. However other environmental pollutants like arsenic and cadmium may also cause the disease.
The three types of malignant mesothelioma are based on which cells are affected. Pleural mesothelioma is by far the most prevalent form of the disease. It is found in the lining of the chest cavity and lungs (pleura). Peritoneal Mesothelioma, though less frequent, is very serious. It is found in the inside (peritoneum) of the stomach. Testicular mesothelioma is very rare and occurs in the testicles.
Researchers continue to study the relationship between asbestos exposure and mesothelioma. There is evidence suggesting that gene mutations may influence the chance of developing mesothelioma. Clinical trials testing medicines that target these mutations are ongoing.
Asbestos Litigation
Asbestos-related illnesses can cause financial hardship for victims.
asbestos legal lawsuits allow victims to recover the compensation they require to pay for these expenses and improve their lives. The first step of an asbestos lawsuit involves gathering evidence and identifying the primary defendants. This involves reviewing a victim's work history and determining the way in which asbestos-related products contributed to their condition. A victim's trial team will then bring a mesothelioma lawsuit against the responsible manufacturers and companies.
The next stage in an
asbestos case lawsuit is the discovery process. This involves interviewing co-workers as well as looking at asbestos dust samples, and reviewing the medical records of the victim as well as laboratory tests. Once an inventory of employers, vendors and products is established and compiled, it can be used to identify potential defendants. It may take several years to complete this process depending on the length of time that the victim has been employed. This involves interviewing family members, coworkers as well as abatement workers and studying various records, such as Social Security, union, documents regarding tax and employment.
During the discovery stage, asbestos and other defendants might make procedural motions to dismiss the plaintiff's claim. They typically focus on technical issues, and are challenged by experienced attorneys in a timely manner.
After a trial date is set, the victims must prove their injuries before a jury. This is a challenging job, as mesothelioma along with other asbestos-related diseases are difficult to identify and can have a long time of latency. The victims must be able to prove that exposure to asbestos caused the illness, and that the illness was a direct result of that exposure.
Asbestos attorneys can present an argument that is convincing for their clients based on their extensive experience in this particular area of law. They can also negotiate directly with insurance companies and also address defenses brought in court by defendants. This will ensure that their clients get an equitable settlement.
Many asbestos cases are classified as mass torts due to the fact that they involve large groups of victims against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of asbestos-related cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is currently pending in the Eastern District of Pennsylvania.
Class Action Lawsuits
Asbestos exposure is so widespread in the United States that most people have been exposed to it at one time or another. However, it takes long-term and repeated exposure to asbestos to cause serious diseases like mesothelioma. The time period between initial exposure until diagnosis of mesothelioma might range between 10 to 60 years.
The asbestos industry has been implicated in numerous class action lawsuits. The most well-known instance was Borel v. Fireboard Paper Products Corporation, which established the precedent of strict liability for asbestos manufacturers. In the early cases families sought compensation from companies that made asbestos-based products after the death of a loved one.
Asbestos is an assortment of fibrous minerals which are found in the natural environment. Asbestos was a well-known building material during the 1920s and into the 1960s because it was heat, fire, and corrosion resistant. It is also durable and inexpensive. Asbestos has been utilized in many construction projects. It was sprayed on fire and sound insulation floor tiles, ceiling tiles roofing and siding shingles and pipe coating.
Asbestos is a potent carcinogen that can cause asbestosis, mesothelioma, and lung cancer. These illnesses are caused by asbestos fibers that can enter the lungs for a long period of time and cause inflammation and scarring.
Asbestos can be released in the air when asbestos-containing materials are disturbed. This could happen in military, commercial and residential structures, as well as on 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 some cases, family members of mesothelioma patients have sought compensation from companies that made asbestos-based products, claiming that these companies were negligent in their product development and marketing practices. Mesothelioma has a 90percent mortality rate, which makes it a terminal disease. It is crucial that victims seek compensation. An experienced mesothelioma attorney can assist victims and their loved ones through the entire process of seeking compensation from negligent asbestos producers.
Compensation
Many asbestos victims are entitled to compensation for a range of expenses that include medical bills, lost wages and pain and suffering.