What is an Asbestos Lawsuit?
An asbestos lawsuit can be a way for a victim and their family to receive compensation from the companies responsible for their exposure. Compensation can be in the form of a jury verdict or settlement.
A mesothelioma attorney with experience can assist you in determining the best kind of lawsuit for your case. The process begins by the filing of a complaint. The defendants have a certain time to respond.
Mesothelioma
Mesothelioma is a type of cancer that affects the thin layer of tissue that covers a lot of the body's internal organs. It is caused by exposure to asbestos. The disease is usually located in the lungs, but can also affect the stomach lining, the heart and testicles (peritoneal mesothelioma pleural). The condition is extremely rare but it is a serious condition and usually fatal.
Many people who suffer from mesothelioma been employed in positions where they inhaled asbestos dust. The disease can take years to develop and symptoms may not appear for a long time. In the majority of cases, the initial symptom is breathlessness or chest pain. Mesothelioma cannot be cured, but there are treatments to alleviate symptoms and prolong the life of.
Mesothelioma diagnosis is based on a patient's medical history, physical exam, and laboratory tests. It is important to tell your doctor about any
asbestos claim-related exposure history, as it can increase your risk of developing mesothelioma.
The symptoms of mesothelioma can be particular and may be misinterpreted as other illnesses. Early symptoms include chest pain, a shortness of breath, and a dry cough. These are similar to the symptoms of lung diseases such as pneumonia or bronchitis. This makes mesothelioma hard to detect. Many patients are diagnosed at the later stages, when the disease is more difficult.
Scientists have identified a variety of factors that may contribute to the development mesothelioma. The most frequent cause is asbestos exposure. However other environmental pollutants such as cadmium and arsenic can also cause the disease.
Malignant mesothelioma has been classified into three types based on the cells affected. Pleural mesothelioma may be the most common form of the disease. It affects the chest cavity's lining (pleura) and the lungs. Peritoneal Mesothelioma, though less prevalent, is dangerous. It is located in the lining (peritoneum) of the stomach. Testicular mesothelioma is very rare and occurs in the testicles.
Researchers continue to study the connection between asbestos exposure and mesothelioma. There is evidence suggesting that gene mutations could influence the chance of developing mesothelioma. Clinical trials testing drugs that target these mutations are ongoing.
Asbestos Litigation
In addition to the physical suffering caused by asbestos-related diseases patients often experience financial hardship due to loss of income. Asbestos lawsuits help victims recover the amount they require to pay for these expenses and improve their quality of life. The first step in an
asbestos lawsuit is to gather evidence and identifying the primary defendants. This includes examining the past work history of the victim and determining if asbestos-related substances were responsible for their illness. A victim's team will then start mesothelioma lawsuits against responsible firms.
The discovery phase is the next step of an asbestos lawsuit. It involves interviewing colleagues, analyzing asbestos dust samples and examining the medical records of the victim as well as laboratory tests. Once a comprehensive database of employers, vendors, and products is created, possible defendants are identified. This could take years dependent on the victim's job history and includes interviews with family members, coworkers, abatement workers and reviewing several documents which include Social Security, tax, union and employer documents.
During the discovery stage, asbestos and other defendants may bring procedural motions for dismissal of the plaintiff's claim. These motions are usually made based on technical issues, and are challenged by experienced attorneys.
Once a trial date is set, the victims must prove their injuries to the jury. This is a difficult task since mesothelioma as well as other asbestos-related diseases are difficult to determine. The victim must be able establish that exposure to asbestos was the cause of the disease and was a direct cause.
Asbestos trial attorneys can create an argument that is persuasive for their clients based on their vast experience in this area of law. They can also deal with insurance companies, and actively address defenses that defendants raise to ensure that their client receives an appropriate settlement offer.
Many asbestos cases are known as mass torts since they involve large groups of injured victims against multiple defendants. The Judicial Panel on Multidistrict Litigation consolidated thousands of asbestos cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is currently pending in the Eastern District of Pennsylvania.
Class Action Lawsuits
Asbestos exposure is so common in the United States that most people have come across it at some point or at some point. However, it takes repeated and prolonged exposure to asbestos to trigger serious illnesses like mesothelioma. The time between exposure and diagnosis of mesothelioma can vary between 10 and 60 years.
The asbestos industry has been involved in a number of class action lawsuits. The most famous was Borel v. Fireboard Paper Products Corporation. This case established strict liability for asbestos producers. In the early cases families demanded compensation for a dead loved one from the companies that manufactured asbestos-based products.
Asbestos is an assortment of fibrous minerals which are found in the natural world. Asbestos is resistant to heat, fire and corrosion, was a popular building material in the 1920s, and even into the 1960s. It's also tough, and cheap. Asbestos was used in many construction projects. It was sprayed on the sound and fire insulation, floor tiles, ceiling tiles, roofing and siding shingles, and pipe coating.
Unfortunately asbestos has been proven to be a powerful carcinogen, capable of inducing mesothelioma as well as asbestosis, and lung cancer. These illnesses are caused by asbestos fibers that enter the lungs over a long period of time and cause inflammation and scarring.
Asbestos can be released in 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. The Environmental Protection Agency regulates asbestos removal, as well as guidelines for proper handling, disposal, and testing of material that has been contaminated.
In a few instances families of mesothelioma victims have sought compensation from the companies that made asbestos-based products with the claim that they were negligent in their marketing and product development practices. Mesothelioma is considered a terminal disease with a 90 percent mortality rate, making it imperative that patients seek compensation. A mesothelioma lawyer with experience can help victims and their family relatives through the entire process of seeking compensation from negligent asbestos manufacturers.
Compensation
Many asbestos-related victims can receive compensation for medical expenses, lost wages, and suffering. The amount of compensation awarded depends on several factors, including the severity of the disease or period between exposure to asbestos and diagnosis.
Patients diagnosed with mesothelioma or other
Asbestos Case-related diseases are often eligible for
asbestos case significant financial compensation. Asbestos lawyers can help determine the eligibility of compensation.