What is an Asbestos Lawsuit?
An asbestos lawsuit is a method for the victim or their family to receive compensation from companies responsible for their exposure. The compensation could come in the form of a verdict by a jury or settlement.
A reputable mesothelioma law firm will be able to determine which lawsuit is appropriate for your particular situation. The process begins with filing an initial complaint. The defendants are given a certain period of time to respond.
Mesothelioma
Mesothelioma, a form of cancer, affects the thin tissue layer that covers the majority of the internal organs in the body. Exposure to asbestos is the cause. The most common cause of asbestos-related disease is found in the lungs, however, it can also affect the stomach lining, heart and testicles (peritoneal mesothelioma, also known as pleural). The condition is uncommon, but severe and often fatal.
Most people who have mesothelioma breathed asbestos dust while at work. The disease can take decades to begin to develop, and symptoms may not show up for years. In the majority of cases, the first sign is shortness of breath or chest pain. Mesothelioma cannot be treated however, there are treatments to ease symptoms and prolong the life.
A patient may be diagnosed with mesothelioma through medical history, physical examination, and laboratory tests. It is crucial to inform your doctor about any asbestos exposure background, as it can increase your risk of developing mesothelioma.
The symptoms of mesothelioma could be mistaken for other illnesses. Early symptoms include shortness of breath, chest pain, and dry cough. These are similar to the symptoms of lung conditions, such as pneumonia and bronchitis. This makes mesothelioma very difficult to recognize. Most patients are diagnosed in the later stages of the disease, when the disease is more difficult to diagnose.
Scientists have identified a variety of contributing factors to the growth of mesothelioma. The most frequent cause is asbestos exposure. Other environmental pollutants, such as arsenic and cadmium, can cause this illness too.
The three malignant types of mesothelioma depend on the type of cells are affected. Pleural mesothelioma, which is the most prevalent type of disease, is the most prevalent. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal Mesothelioma though not as common, is very serious. It is found in the inner lining (peritoneum) of the stomach. It is a rare cancer that affects the testicles.
Researchers continue to study the relationship between asbestos exposure and mesothelioma. There is evidence that suggests that mutations in genes can affect the likelihood of developing the disease. Clinical trials testing drugs that target these mutations are ongoing.
Asbestos Litigation
Asbestos-related illnesses can create financial hardship to victims. Asbestos lawsuits can help victims receive the money they need to pay for these expenses and restore their standard of living. The initial step of an
asbestos legal lawsuit is gathering evidence and identifying key defendants. This includes reviewing a victim's work history and determining how asbestos-related products caused their illness. The 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. Interviewing co-workers and looking at asbestos dust samples as well as examining the victim's medical records or laboratory tests are all part of the discovery process. Once a database of employers, vendors and products is established and compiled, it can be used to identify potential defendants. It can take many years to complete this process depending on how long the victim has worked. This includes interviewing coworkers, family members or abatement workers, as well as studying various records, like 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. They typically focus on technical issues and are litigated by experienced attorneys in a timely manner.
When a trial date has been set, the victims must prove their injuries before jurors. This is a difficult task as mesothelioma and other asbestos-related illnesses are difficult to determine. The victim must be able establish that exposure to asbestos caused the disease and was a direct consequence.
Asbestos trial attorneys can create an argument that is persuasive for their clients based upon their vast experience in this area of law. They can also work 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 because they involve large groups of injured victims against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. This litigation is currently ongoing in the Eastern District of Pennsylvania.
Class Action Lawsuits
Asbestos exposure is so common in the United States that most people have come into contact with it at some point or another time. It takes repeated and prolonged exposure to asbestos for it to cause mesothelioma-related illnesses that are serious. The time from the first exposure to diagnosis of mesothelioma can range between 10 and 60 years.
The asbestos industry is involved in a number 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 families were seeking compensation for the death of a loved one from the companies that produced asbestos-based products.
Asbestos is composed of fibrous minerals found in nature. Asbestos was an extremely popular building material in the 1920s, and into the 1960s because it was fire, heat, and corrosion resistant. It's also durable and affordable. Asbestos was utilized in many different construction projects, including applied to fire and sound insulation, pipe coating floor tiles, ceiling tiles, roofing and siding shingles.
Asbestos is a potent carcinogen that can cause asbestosis, mesothelioma and lung cancer. These diseases result from asbestos fibers that can enter the lungs over a long period of time, causing inflammation and scarring.
Asbestos can be released in the air when asbestos-containing materials are disturbed. This can occur in commercial, military and residential structures, as well as on bridges, roads, and
asbestos law even ships. Asbestos removal regulations are enforced by the Environmental Protection Agency, which has guidelines on the proper disposal, handling, and testing of contaminated materials.
In some cases, the family members of victims of mesothelioma have sought compensation from companies that make
asbestos law-based products. They claim that these firms were negligent in their product development and marketing. Mesothelioma is a 90% mortality rate and is therefore a terminal disease. It is crucial that victims seek compensation. An experienced mesothelioma lawyer can assist victims and their loved relatives through the entire process of seeking compensation from negligent asbestos producers.
Compensation
Many asbestos victims are eligible for compensation for medical expenses as well as lost wages and pain and suffering. The amount of compensation awarded depends on a variety of factors, such as the severity the disease or time between exposure to asbestos and the diagnosis.
Many people diagnosed with mesothelioma, asbestos-related diseases can receive substantial financial awards.