What is an Asbestos Lawsuit?
An asbestos lawsuit is a means for the victim or their family members to get compensation from the companies responsible for their exposure. The compensation could come in the form of a jury verdict or settlement.
A reputable mesothelioma law firm will determine which lawsuit is suitable for your specific situation. The process starts with the filing of a complaint. The defendants are given a short 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. It is caused by exposure to asbestos. The disease often occurs in the lungs (pleural mesothelioma) however it can occur in the stomach and stomach lining (peritoneal mesothelioma), heart, and testicles. The condition is not common however, it can be extremely aggressive and, in most cases, fatal.
The majority of mesothelioma patients have been employed in positions where they breathed asbestos dust. It takes a long time for the disease to manifest and symptoms may not manifest until years after exposure. In the majority of instances, the first sign is a feeling of shortness of breath or chest pain. Mesothelioma is not curable, but there are treatments to relieve symptoms and extend the life span.
A patient can be diagnosed with mesothelioma by medical history, physical examination, and laboratory tests. It is important to tell your doctor about any asbestos exposure experience, as it may increase the risk of developing mesothelioma.
The symptoms of mesothelioma can be particular and may be confused with other illnesses. Early symptoms include shortness of breath, chest pain and
Asbestos Settlement dry cough. They are similar to the symptoms of lung-related conditions like pneumonia and bronchitis. This makes mesothelioma a challenge to detect. Many patients are diagnosed in the later stages of the disease, when the disease is more difficult to diagnose.
Scientists have identified a number of factors that can contribute to the development mesothelioma. The most frequent cause is asbestos exposure. Other environmental pollutants, like arsenic and cadmium, can also cause this disease.
The three malignant types of mesothelioma are determined by which cells are affected. Pleural mesothelioma, the most commonly encountered type of the disease is the most widespread. It occurs in the the chest cavity and the lungs (pleura). Peritoneal Mesothelioma, although less common, is still very serious. It is found in the lining (peritoneum) of the stomach. Testicular mesothelioma occurs in a very limited number of cases and is found in the testicles.
Researchers are continuing to study the relationship between asbestos exposure and mesothelioma. There is evidence that suggests that gene mutations can affect the probability of developing mesothelioma. In ongoing clinical trials, researchers are testing medications that target mutations in genes.
Asbestos Litigation
In addition to the physical and mental suffering that is associated with asbestos-related illnesses the victims are often faced with financial hardship due to loss of income. Asbestos lawsuits assist victims in recovering the money they need to pay for these expenses and restore their standard of living. The first step in a lawsuit involving asbestos is gathering evidence and identifying the defendants. This includes reviewing the history of work done by the victim and determining if asbestos-related products caused their illness. The victim's trial team will then make a mesothelioma claim against the responsible companies and manufacturers.
The discovery phase is the next step in an asbestos lawsuit. This involves interviewing co-workers as well as analysing
asbestos settlement dust samples, and examining the medical records of the victim as well as laboratory tests. Once an inventory of employers, vendors, and products is established and maintained, it can be used to identify potential defendants. This could take several years depending on the victim's work history, and involves interviewing family members, coworkers and abatement workers as well as reviewing several documents, including Social Security, tax, union and employer documents.
During the discovery phase,
asbestos attorney and other defendants can submit procedural motions to disqualify a plaintiff's case. These typically center on technical issues and are litigated by experienced attorneys in a timely fashion.
If a trial date is been set, the victims will be required to demonstrate their injuries before the jury. This can be a difficult job, as mesothelioma along with other asbestos-related diseases are difficult to diagnose and have a lengthy time to develop. The patient must demonstrate that exposure to asbestos was the cause of the condition and that it was a direct cause.
Asbestos trial attorneys can create an argument that is convincing for their clients based on their vast experience in this particular area of law. They can also directly negotiate with insurance companies and also address defenses brought in the court by defendants. This will ensure that their clients receive an equitable settlement.
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 amalgamated thousands of
asbestos law cases into MDL 875 In Re Asbestos Products Liability Litigation. The litigation is ongoing in the Eastern District of Pennsylvania.
Class Action Lawsuits
Asbestos exposure is so widespread in the United States that most people have come into contact with it at some point or another. It requires a long-term and repeated exposure to asbestos for severe illnesses such as mesothelioma to develop. The time between exposure and diagnosis of mesothelioma could range from 10 to 60 years.
The asbestos industry is implicated in several class action lawsuits. The most well-known instance was that of Borel v. Fireboard Paper Products Corporation which set the precedent of the strict liability of asbestos producers. In the early cases families sought compensation for a deceased loved one from the companies that produced asbestos-based products.
Asbestos is comprised of fibrous minerals that are found in nature. Asbestos was a sought-after building material during the 1920s and into the 1960s because it was heat, fire, and corrosion resistant. It's also durable and affordable. Asbestos was used in many construction projects. It was sprayed onto fire and sound insulation floor tiles, ceiling tiles roofing and siding shingles and pipe coatings.
Unfortunately asbestos has been proven to be a potent carcinogen that is capable of inducing mesothelioma as well as lung cancer, and asbestosis. These illnesses result from asbestos fibers that can enter the lungs for a prolonged period of time and cause inflammation and scarring.
In some instances asbestos can be released into the air when asbestos-containing materials are disturbed. This can happen in residential, commercial, and military structures, as well contaminated highways and bridges. The Environmental Protection Agency regulates asbestos removal, including guidelines on proper handling, disposal and testing of the material that is contaminated.
In certain cases, family members of mesothelioma victims have sought compensation from companies that made asbestos-based products in the belief that they were negligent in their product development and marketing practices. Mesothelioma can be a fatal disease with 90% mortality and it is therefore essential that patients seek compensation. A mesothelioma lawyer will guide victims as well as their families and loved relatives through the process of taking action against negligent asbestos manufacturers.