What is an
Asbestos Lawsuit?
An asbestos lawsuit is a way for a victim or their family members to obtain compensation from the company responsible for their exposure. The compensation could come in the form of a jury verdict or settlement.
An experienced mesothelioma law firm will determine which lawsuit is suitable for your specific situation. The process starts with the filing of 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. It is caused by exposure to asbestos. The most common site of the disease is the lungs (pleural mesothelioma) however it can occur in the stomach liner (peritoneal mesothelioma), the heart, and testicles. The condition is extremely rare however it can be very serious and usually fatal.
Many people who suffer from mesothelioma been employed in jobs where they breathed asbestos dust. It takes a long time for disease to manifest and symptoms may not appear for years after exposure. In the majority of cases, chest pain and breathlessness are the first signs. Mesothelioma cannot be treated However, there are treatments which can ease symptoms and prolong life.
Mesothelioma can be diagnosed on the medical history of a patient as well as physical examination, and laboratory tests. It is important to discuss any previous exposure to asbestos with a physician as it could increase the chance of developing the disease.
The symptoms of mesothelioma may not be particularly specific and are often confused with other illnesses. The first signs are shortness of breath, chest pain, and dry cough. These symptoms are similar to those that are associated with lung diseases such as pneumonia or bronchitis. This makes mesothelioma hard to identify. Many patients are diagnosed in the later stages, which means that the disease is more difficult.
Scientists have identified a variety of elements that contribute to the formation of mesothelioma. The most common factor is exposure to asbestos. Other environmental pollutants, like arsenic and cadmium can be a cause of this disease too.
The three malignant types of mesothelioma are determined by which cells are affected. Pleural mesothelioma is the most frequent type of disease is the most common. It is found in the the chest cavity and the lungs (pleura). Peritoneal Mesothelioma, although less frequent, is dangerous. 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 continue to research the relationship between asbestos exposure and mesothelioma. There is evidence that suggests that mutations in genes can influence a person's risk of developing the disease. 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 as a result of the loss of income. Asbestos suits aid victims in receiving the compensation they need to pay their bills and improve their quality of life. The first step in a lawsuit involving asbestos is gathering evidence and identifying defendants. This involves examining the history of a victim's employment and determining the way in which asbestos-related products contributed to their condition. A victim's team of trial lawyers will then make a mesothelioma claim against the responsible manufacturers and companies.
The next phase of an asbestos lawsuit is the discovery process. interviewing coworkers, studying asbestos dust samples as well as reviewing a victim's medical documents or laboratory tests are all involved in the process of discovery. Once the database of employers, vendors and products is established it is possible to use it to identify potential defendants. It could take a long time to complete this process according to how long the victim has worked. This includes interviewing coworkers, family members or abatement workers, as well as going through various records, like Social Security, union, tax and employer documents.
In the process of discovery, asbestos and other defendants may present procedural motions to dismiss the plaintiff's case. They usually revolve around technical issues and are litigated by experienced lawyers in a timely manner.
If a trial date is been set, victims will have to demonstrate their injuries before an audience of jurors. This can be a daunting task because mesothelioma as well as other asbestos-related diseases are difficult to diagnose and can have a long duration of latency. The victims must show that their exposure to
asbestos legal caused the illness, and that the disease was the direct result of that exposure.
asbestos attorney attorneys can present a convincing argument for their clients based on their extensive experience in this field of law. They can also bargain with insurance companies and actively address defenses raised by defendants to ensure that their clients receive an equitable settlement offer.
Mass torts are often used to describe asbestos cases due to the fact that they involve large groups of victims who are harmed by 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 taking place in the Eastern District of Pennsylvania.
Class Action Lawsuits
Asbestos exposure is so common in the United States that most people have been exposed to it at some point or another. However, it requires continuous and prolonged exposure to asbestos to cause mesothelioma-related illnesses that are serious. The latency period from initial exposure to diagnosis of mesothelioma can range between 10 and 60 years.
The asbestos industry is involved in several class action lawsuits. The most famous one was Borel v. Fireboard Paper Products Corporation. This case established strict liability for asbestos producers. In the early cases families demanded compensation from companies that made asbestos-based items for the death of a loved one.
Asbestos is a group of fibrous minerals found in the natural environment. Asbestos was a sought-after building material in the 1920s, and into the 1960s because it was heat, fire, and corrosion resistant. It's also durable and cheap. Asbestos is used in many construction projects. It was sprayed on the sound and fire insulation flooring tiles, ceiling tiles roofing and siding shingles and pipe coatings.
Asbestos is an extremely carcinogen that can cause asbestosis, mesothelioma, and lung cancer. These diseases are caused by asbestos fibers that can enter the lungs for a long period of time and cause inflammation and scarring.
Asbestos can be released in the air when asbestos-containing materials are disturbed. This can occur in commercial, military, and residential buildings, and also in bridges, roads, and even ships. The Environmental Protection Agency regulates asbestos removal, and provides guidelines on proper handling, disposal and testing of contaminated material.
In some cases, families of patients with mesothelioma have sought compensation from companies which manufacture asbestos-based products. They claim that the companies were negligent with their product development and marketing. Mesothelioma is a terminal illness with a 90 percent mortality rate which is why it is essential that patients seek compensation. An experienced mesothelioma lawyer can help victims and their family ones through the entire process of seeking compensation from negligent asbestos manufacturers.