What is an Asbestos Lawsuit?
An asbestos lawsuit is a means for the victim or their family to receive compensation from the companies that caused their exposure. Compensation can be in the form a jury verdict or settlement.
A mesothelioma attorney with experience can assist you in determining the best type of lawsuit to suit your situation. The process starts with the filing of a complaint. Defendants have a limited time frame to respond.
Mesothelioma
Mesothelioma is a type of cancer, affects the tissue layer that covers most of the internal organs of the body. 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 the lining (peritoneal mesothelioma), heart, and testicles. The condition is rare, but it is aggressive and, in most cases, fatal.
Most people with mesothelioma have been employed in positions where they inhaled asbestos dust. The disease can take years to begin to develop, and symptoms may not appear for a long time. In the majority of instances, the first sign is a feeling of shortness of breath or chest pain. Mesothelioma can't be treated but there are therapies that can ease symptoms and prolong the life of patients.
A patient may be diagnosed with mesothelioma on the basis of medical history, physical examination and laboratory tests. It is crucial to discuss any previous exposure to asbestos with your doctor in order to reduce the chance of developing the disease.
The symptoms of mesothelioma can be confused with other diseases. Early signs include shortness of breath, chest pain, and dry cough. These symptoms are similar to those experienced with lung diseases like pneumonia or bronchitis. This makes mesothelioma very difficult to identify. Many patients are diagnosed in the later stages, when the disease is more difficult.
Scientists have identified several factors that contribute to the development of mesothelioma. The most common factor is asbestos exposure. However other environmental pollutants, such as arsenic or cadmium could also cause the disease.
The three types of malignant mesothelioma depend on the type of cells are affected. Pleural mesothelioma may be the most common form of the disease. It affects the chest cavity's lining (pleura) and lungs. Peritoneal mesothelioma is less common but still serious. It is found in the inner lining (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles.
Researchers continue to investigate the connection between asbestos exposure and Mesothelioma. There is evidence that suggests that mutations in genes may influence a person's chances of developing the disease. Ongoing clinical trials are testing drugs that target gene mutations.
Asbestos Litigation
Asbestos-related diseases can cause financial hardship for those affected. Asbestos lawsuits help victims recover the compensation they require to cover these costs and restore their standard of living. The first step of an
asbestos lawsuit is to gather evidence and identifying the main defendants. This involves analyzing the past work history of the victim and determining whether asbestos-related materials caused their illness. A victim's team of trial lawyers will then file a mesothelioma lawsuit against the responsible manufacturers and companies.
The discovery phase is the next stage of an asbestos lawsuit. It involves interviewing colleagues as well as studying asbestos dust samples and examining the medical records of the victims and laboratory tests. Once the database of employers, vendors, and products is established, it can be used to find potential defendants. This can take years, depending on the victim's work background. It involves speaking with co-workers, relatives and abatement workers, as well as reviewing several records, including Social Security, tax, union and employer documents.
During the discovery stage, asbestos and other defendants may make procedural motions to revoke a plaintiff's claim. These motions usually are focused on technical issues and are challenged by experienced attorneys.
After a trial date is established, the victims must demonstrate their injuries to a jury. This can be a daunting job, as mesothelioma along with other asbestos-related diseases are hard to diagnose and have a lengthy time to develop. The victim must be able prove that exposure to asbestos was the cause of the illness and that it was a direct cause.
Asbestos trial lawyers can present a compelling case for their clients by drawing on their extensive experience in this area of law. They can also negotiate with insurance companies and proactively address the defenses posed by defendants to ensure that their client receives an equitable settlement offer.
Mass torts are frequently used to describe asbestos cases, because they involve large groups victims who are harmed by multiple defendants. The Judicial Panel on Multidistrict Litigation has brought together thousands of
Asbestos Settlement cases into MDL 875, In Re Asbestos Products Liability Litigation. The litigation is 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 to it at some point. It requires repeated and prolonged exposure to asbestos for serious diseases like mesothelioma develop. The time from the initial exposure to the diagnosis of mesothelioma can range between 10 to 60 years.
The asbestos industry has been implicated in several class action lawsuits. The most famous case was that of Borel v. Fireboard Paper Products Corporation that established the precedent of the strict liability of
asbestos producers. In the beginning, families sought compensation for a deceased loved one from the companies that manufactured asbestos-based products.
Asbestos is a class of fibrous minerals that occur in the natural world. Asbestos, which is impervious to fire, heat and corrosion, was a common material for building in the 1920s and into the 1960s. It's also strong and cheap. Asbestos is used in many different construction projects, including applied to fire and sound insulation pipe coating, ceiling tiles, floor tiles, and roofing and siding shingles.
Unfortunately asbestos has been proven to be a potent carcinogen, capable of creating mesothelioma, asbestosis, and lung cancer. These diseases result from asbestos fibers which can get into the lungs for a long period of time and cause inflammation and scarring.
Asbestos is released into the air if asbestos-containing substances are disturbed. This could happen in commercial,
asbestos settlement military and residential structures, as well as in bridges, highways, and even ships. The Environmental Protection Agency regulates asbestos removal, and provides guidelines on proper handling, disposal, and testing of the material that is contaminated.
In some cases, the families of victims of mesothelioma have sought compensation from companies which manufacture asbestos-based products. They claim that these companies were negligent in their product development and marketing. Mesothelioma has a 90% mortality rate and is a terminal disease. It is important that victims seek compensation. A mesothelioma lawyer can help victims family members and loved relatives through the process of the legal process of suing negligent asbestos producers.
Compensation
Many asbestos victims are entitled to compensation for a range of expenses which include medical bills loss of wages, and pain and suffering. The amount of compensation depends on many factors, such as the severity of the patient's condition or the period between exposure to asbestos and diagnosis.