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 take the form of a verdict by a jury or settlement.
A
mesothelioma Case lawyer who is experienced can help you determine which lawsuit is appropriate for your particular situation. The process starts with the filing of a complaint. Defendants have a limited amount of time to reply.
Mesothelioma
Mesothelioma is a kind of cancer that affects the thin layer of tissue that covers a lot organs in the organs inside your body. Exposure to asbestos is the main cause. The most common cause of asbestos-related disease is found in the lungs however, it can also affect stomach lining, the heart, and testicles (peritoneal mesothelioma, also known as pleural). The condition is rare but it is a serious condition and can be fatal.
The majority of mesothelioma patients have worked in jobs where they breathed asbestos dust. The disease can take decades to develop and symptoms may not be apparent for a long time. In the majority of cases, the first sign is a shortness of breath or chest pain. Mesothelioma can't be treated, but there are treatments to alleviate symptoms and prolong the life.
A patient can be diagnosed with mesothelioma based on medical history, physical examination, and laboratory tests. It is crucial to inform your doctor about any asbestos exposure prior to the time of exposure, as it could increase the risk of developing mesothelioma.
The symptoms of mesothelioma can be necessarily specific and could be misinterpreted as other illnesses. Early signs include chest pain, a shortness of breath, and dry cough. These symptoms are similar to those that are associated with lung diseases such as pneumonia or bronchitis. This makes it difficult to recognize mesothelioma. Many patients are not diagnosed until the later stages of the disease, which is when it becomes more difficult to treat.
Scientists have identified a variety of factors that may cause mesothelioma to develop. The most frequent cause is asbestos exposure. However, other environmental pollutants, such as cadmium and arsenic can also cause the disease.
The three forms of malignant mesothelioma are determined by which cells are affected. Pleural mesothelioma which is the most commonly encountered type of the disease is the most common. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal mesothelioma occurs less frequently but it is still serious. It is found in the lining of the stomach (peritoneum). Testicular mesothelioma occurs in a very limited number of cases and occurs in the testicles.
Researchers are continuing to study the connection between asbestos exposure and mesothelioma. Some evidence suggests that genetic mutations could affect a person's likelihood of developing the disease. Clinical trials testing medicines that target these mutations are ongoing.
Asbestos Litigation
Asbestos-related ailments can cause financial hardship for victims. Asbestos suits assist victims in getting the money they need to pay for their expenses and improve their standard of living. The initial step of an asbestos lawsuit is to gather evidence and identifying the primary defendants. This includes examining the work history of the victim and determining if asbestos-related products caused their illness. The victim's trial team will then start a mesothelioma suit against the responsible manufacturers and companies.
The discovery phase is the next one in a lawsuit involving asbestos. This involves interviewing co-workers as well as studying asbestos dust samples and reviewing the medical records of the victims and laboratory tests. Once a complete database of employers, vendors, and products is created, possible defendants can be identified. This could take years dependent on the victim's job history, and involves interviewing co-workers, relatives or abatement workers, and examining different records that include Social Security, tax, union and employer documents.
During the discovery stage, asbestos and other defendants are able to file procedural motions to dismiss the plaintiff's case. These motions typically are focused on technical issues and are contested by experienced attorneys.
When a trial date has been established, the victims must demonstrate their injuries before a jury. This can be a challenging task because mesothelioma as well as other
asbestos compensation-related diseases are difficult to identify and can have a long duration of latency. The victim must be able demonstrate that exposure to asbestos was the cause of the illness and that it was a direct consequence.
Asbestos lawyers can make an argument that is persuasive for their clients based on their vast experience in this particular area of law. They can also bargain with insurance companies and actively address defenses made by defendants to ensure that their clients receive a fair settlement.
Mass torts are frequently used to describe asbestos cases because they involve large amounts of victims who are harmed by multiple defendants. The Judicial Panel on Multidistrict Litigation has combined thousands of these 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 common in the United States that most people have come across it at one time or another time. It requires a long-term and repeated exposure to asbestos for serious diseases such as mesothelioma develop. The latency period from the first exposure to diagnosis of mesothelioma may range between 10 and 60 years.
The asbestos industry has been involved in a variety of class action lawsuits. The most well-known was Borel v. Fireboard Paper Products Corporation that established the precedent of strict liability for asbestos producers. In the early cases families sought compensation for a deceased loved one from companies that made asbestos-based products.
Asbestos is composed of fibrous minerals found in nature. Asbestos, which is impervious to fire, heat, and corrosion, was a common material for building materials in the 1920s, and even in the 1960s. It is also durable, and cheap. Asbestos was used in many different construction projects, including sprayed on fire and sound insulation, pipe coating ceiling tiles, floor tiles, roofing and siding shingles.
Unfortunately asbestos has been identified to be a powerful carcinogen, capable of causing mesothelioma, lung cancer, and asbestosis. These diseases are caused by asbestos fibers which can get into 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 occur in military, commercial, and residential buildings, and also in bridges, roads, and even ships. The Environmental Protection Agency regulates asbestos removal, with guidelines for proper handling, disposal, and testing of material that has been contaminated.
In some instances, the family members of victims of mesothelioma have sought compensation from corporations that manufacture asbestos-based products. They claim that the corporations were negligent in their product development and marketing. Mesothelioma can be a fatal disease with 90% mortality and it is therefore essential that patients seek compensation. A mesothelioma lawyer can guide victims along with their families and loved relatives through the process of the legal process of suing negligent asbestos producers.
Compensation
Many asbestos victims can claim compensation for medical expenses along with lost wages and suffering.