What is an Asbestos Lawsuit?
An asbestos lawsuit is a method for a victim or their family members to receive compensation from the companies responsible for their exposure. Compensation can take the form of a jury verdict or settlement.
A mesothelioma attorney with experience can help you choose the most appropriate kind of lawsuit for your situation. The process starts with the filing of an initial complaint. Defendants have a limited period of time to respond.
Mesothelioma
Mesothelioma is a type of cancer that affects the thin layer of tissue that covers a lot of the organs of the body's internal organs. It is caused by exposure to asbestos. The most common site of the disease is the lungs (pleural mesothelioma) however it can be found in the stomach liner (peritoneal mesothelioma), the heart, and testicles. The condition is uncommon but it is a serious condition and often fatal.
The majority of people with mesothelioma have inhaled asbestos dust during their work. It can take decades for the disease to manifest and symptoms can not appear for years after exposure. In most cases, the initial symptom is breathlessness or chest pain. Mesothelioma is not curable However, there are treatments which can ease symptoms and prolong the duration of life.
A patient may be diagnosed with mesothelioma based on medical history, physical examination, and laboratory tests. It is important to discuss any history of exposure to asbestos with a doctor in order to reduce the risk of developing the disease.
The symptoms of mesothelioma may not be very specific and can be misinterpreted as other illnesses. Early signs include shortness in breath, chest pain, and dry cough. These symptoms are similar to those that are associated with lung disorders such as bronchitis or pneumonia. This makes it difficult to diagnose mesothelioma. Many patients are not diagnosed until advanced stages of the disease, when it becomes more difficult to treat.
Scientists have identified several contributing factors to the growth of mesothelioma. The most frequent cause is asbestos exposure. However,
Asbestos Litigation other environmental pollutants such as cadmium and arsenic can also cause the disease.
The three types of malignant mesothelioma are based on which cells are affected. Pleural mesothelioma is the most commonly encountered form of disease. It occurs in the the chest cavity and the lungs (pleura). Peritoneal mesothelioma is a lesser-known condition but still serious. It is located in the lining (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles.
Researchers are continuing to study the connection between mesothelioma and asbestos exposure. Some evidence suggests that mutations in genes can affect the likelihood of developing the disease. Clinical trials testing drugs that target these mutations are ongoing.
Asbestos LitigationIn addition to the physical suffering as a result of asbestos-related diseases the victims are often faced with financial hardship due to loss of income. Asbestos lawsuits help victims recover the compensation they need to offset these expenses and restore their life quality. The first step in a lawsuit involving asbestos is gathering evidence and identifying the defendants. This involves reviewing the history of work done by the victim and determining if asbestos-related products caused their illness. The victim's legal team will make mesothelioma claims against the responsible companies.
The discovery phase is the next step of an asbestos lawsuit. Interviewing colleagues and looking at asbestos dust samples as well as reviewing victim's medical documents or laboratory tests are all part of the discovery process. Once an information database of employers, vendors and products is compiled and maintained, it is possible to use it to identify potential defendants. This could take several years dependent on the victim's job history, and involves interviewing family members, co-workers or abatement workers, and examining various records that include Social Security, tax, union and employer records.
During the discovery phase asbestos and other defendants may file procedural motions seeking to disqualify a plaintiff's case. These motions usually are made based on technical issues, and are challenged by experienced attorneys.
Once a trial date has been set, the plaintiffs will need to prove their injuries before the jury. This can be a challenging task because mesothelioma, and other asbestos-related diseases are difficult to recognize. The victims must demonstrate that their exposure asbestos caused the disease and that the illness was a direct consequence of that exposure.
Asbestos trial attorneys can make an impressive case for their clients by drawing on their extensive experience in this area of law. They can also bargain with insurance companies and address defenses made by defendants to ensure that their client receives a fair settlement offer.
Many asbestos cases are classified as mass torts due to the fact that they involve large numbers of injured victims against multiple defendants. The Judicial Panel on Multidistrict Litigation has taken on thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. This litigation is currently pending in the Eastern District of Pennsylvania.
Class Action Lawsuits
In the United States, asbestos exposure is so widespread that the majority of people have been exposed to it at some time or another. It requires a long-term and repeated exposure to asbestos for serious illnesses such as mesothelioma to develop. The latency period between exposure and diagnosis of mesothelioma can range between 10 and 60 years.
The asbestos industry has been implicated in a variety of class action lawsuits. The most famous was Borel v. Fireboard Paper Products Corporation. This case established the strict liability of asbestos producers. In the beginning,
asbestos litigation families demanded compensation from companies which made asbestos-based items for the loss of loved ones.
Asbestos is comprised of fibrous minerals found in nature. Asbestos is resistant to fire, heat and corrosion, was a very popular material for building in the 1920s, and even in the 1960s. It's also durable and cost-effective. Asbestos has been utilized in a variety of construction projects. It was sprayed onto fire and sound insulation floor tiles, ceiling tile, roofing and siding shingles and pipe coating.
Unfortunately asbestos has been discovered to be a powerful carcinogen that is capable of inducing mesothelioma as well as asbestosis, and lung cancer. These illnesses can be caused by breathing asbestos fibers that are tiny, which can get into the lungs and remain there for a long period of time, causing scarring and inflammation and eventually leading to cancerous tumors.
Asbestos may be released into the air if asbestos-containing materials are disturbed. This can occur in commercial, residential and military buildings as well as in contaminated highways and bridges. Asbestos removal regulations are enforced by the Environmental Protection Agency, which provides guidelines for the proper handling, disposal and testing of materials that are contaminated.
In some cases, family members of mesothelioma victims have sought compensation from the corporations that made asbestos-based items and claimed that the companies were negligent in their marketing and product development practices. Mesothelioma is a 90% mortality rate, making it a terminal illness. It is crucial that victims seek compensation. An experienced mesothelioma lawyer can help victims and their family ones through the entire process of seeking compensation from negligent asbestos manufacturers.
Compensation
Many
asbestos claim victims can claim compensation for medical bills along with lost wages and suffering.