What is an Asbestos Lawsuit?
A lawsuit against asbestos-related companies is a great opportunity to ensure that victims and their families to get compensation. Compensation may be in the form of a jury verdict or settlement.
A mesothelioma lawyer with experience can help you determine the best kind of lawsuit for your situation. The process begins with the filing of a complaint. The defendants have a specific time to respond.
Mesothelioma
Mesothelioma is a type of cancer, affects the tissue layer that covers most of the internal organs of the body. Exposure to asbestos is the cause. The condition is most often seen in the lung (pleural mesothelioma) but it can also occur in the stomach liner (peritoneal mesothelioma) or in the heart as well as testicles. The condition is not common, but it can be is often fatal and aggressive.
The majority of people with mesothelioma breathed asbestos dust while at work. The disease can take a long time to begin to develop, and symptoms may not show up for years. In the majority of cases, the initial symptom is a shortness of breath or chest pain. Mesothelioma cannot be treated however there are treatments which can ease symptoms and prolong the life of patients.
Mesothelioma can be diagnosed on a patient's medical history as well as physical examination, and laboratory tests. It is essential to inform your doctor about any asbestos exposure history, as it can increase the likelihood of developing mesothelioma.
Symptoms of mesothelioma are not necessarily specific and could be mistaken for other illnesses. The first signs are shortness of breath, chest pain, and dry cough. These are similar to those of lung disorders such as pneumonia or bronchitis. This makes it difficult to diagnose mesothelioma. Many patients are not diagnosed until the advanced stages of the disease when it becomes more difficult to treat.
Scientists have identified a variety of contributing factors to the development of mesothelioma. The exposure to asbestos is the most well-known cause. However other environmental pollutants like arsenic or cadmium could also cause the disease.
Malignant mesothelioma is classified into three types based on the number of cells affected. Pleural mesothelioma, the most prevalent form of the disease. It occurs in the the chest cavity and the lungs (pleura). Peritoneal Mesothelioma, though less prevalent, is extremely serious. It is found in the stomach's lining (peritoneum). It is a rare type of cancer that affects the testicles.
Researchers continue to research the relationship between mesothelioma and asbestos exposure. There is evidence that suggests that gene mutations could influence the likelihood of a person developing mesothelioma. Current clinical trials are testing the effects of drugs targeting 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 due to loss of income. Asbestos lawsuits can help victims receive the compensation they need to cover the costs and improve their quality of life. The first step in an asbestos lawsuit involves gathering evidence and identifying the main defendants. This involves reviewing the past work history of the victim and determining whether asbestos-related products contributed to their condition. A victim's trial team will then start a mesothelioma suit against the responsible companies and manufacturers.
The next stage of an asbestos lawsuit is the discovery process. This involves interviewing co-workers and
asbestos case looking at asbestos dust samples, and reviewing the medical records of the victims and laboratory tests. Once an inventory of vendors, employers, and products is compiled it is possible to use it to identify potential defendants. It can take many years to complete this process depending on how long the victim has worked. This involves interviewing coworkers, family members Abatement workers, and reviewing various records, including Social Security, union, documents regarding tax and employment.
During the process of discovery, asbestos and other defendants may bring procedural motions in order to throw out the plaintiff's claim. These typically center on technical issues and are contested by skilled attorneys quickly.
Once a trial date has been established, the victims must demonstrate their injuries to the jury. This is a difficult task because mesothelioma, and other asbestos-related illnesses are difficult to diagnose. The victim must be able establish that exposure to asbestos caused the disease and that it was a direct result.
Asbestos attorneys can present an argument that is persuasive for their clients based on their vast experience in this particular area of law. They can also directly negotiate with insurance companies, and deal with the defenses made in court by defendants. This will ensure that their clients receive an equitable settlement.
Many asbestos cases are called mass torts because they involve large groups of 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 taking place 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 time or another. It takes long-term and repeated exposure to
asbestos attorney for it to cause mesothelioma-related illnesses that are serious. The time between initial exposure until diagnosis of mesothelioma may range between 10 and 60 years.
The
asbestos claim industry has been implicated in a number of class action lawsuits. The most well-known was that of Borel v. Fireboard Paper Products Corporation which established the precedent of strict liability for asbestos manufacturers. In the early cases, families were seeking compensation for the death of a loved one from firms that made asbestos-based items.
Asbestos is comprised of fibrous minerals that are found in nature. Asbestos was a popular building material in the 1920s and into the 1960s because it is fire, heat, and corrosion resistant. It's also durable and affordable. Asbestos was utilized in many different construction projects, including spraying on fire and sound insulation pipe coating floor tiles, ceiling tiles, and roofing and siding shingles.
Unfortunately asbestos has been identified to be a potent carcinogen capable of causing mesothelioma, asbestosis, and lung cancer. These diseases can be caused by breathing asbestos fibers that are tiny, that can be absorbed into the lungs and stay in the lungs for a prolonged period, causing scarring and inflammation and eventually leading to cancerous tumors.
Asbestos can be released into the air if
Asbestos case-containing materials are disturbed. This can happen in residential, commercial, and military structures and also in highways that are contaminated and bridges. The Environmental Protection Agency regulates asbestos removal, including guidelines on proper handling, disposal, and testing of the material that is contaminated.
In a few instances families of mesothelioma patients have sought compensation from companies that made asbestos-based products and claimed that the companies were negligent in their product development and marketing practices. Mesothelioma sufferers have a 90% mortality rate and is therefore a terminal illness. It is imperative that patients seek compensation. A mesothelioma lawyer will guide victims along with their families and loved relatives through the process of seeking compensation from negligent asbestos manufacturers.