What is an Asbestos Lawsuit?
A lawsuit against asbestos-related companies is a great way for the families of victims to be compensated. Compensation may take the form a jury verdict or settlement.
An experienced mesothelioma law firm can determine which type of lawsuit is appropriate for your specific situation. The process starts with the filing of a complaint. The defendants have a specific time to respond.
Mesothelioma
Mesothelioma is a type of cancer, affects the tissue layer that covers most of the internal organs in the body. Exposure to asbestos is the cause. The disease often occurs in the lungs (pleural mesothelioma) but it can also occur in the stomach lining (peritoneal mesothelioma), heart, and testicles. The condition is uncommon, but severe and often fatal.
The majority of mesothelioma patients have been employed in positions where they inhaled asbestos dust. The disease can take decades to develop and symptoms might not show up for years. In the majority of cases, chest pain or breathlessness are the first symptoms. Mesothelioma can't be treated but there are therapies that can relieve symptoms and prolong the life of patients.
Mesothelioma is diagnosed based on the medical history of a patient as well as physical examination and laboratory tests. It is essential to discuss any previous exposure to asbestos with your doctor since it may increase the chance of developing the disease.
The symptoms of mesothelioma can be mistaken for other illnesses. Early signs include shortness in breath, chest pain, and dry cough. These symptoms are similar to those associated with lung conditions such as bronchitis or pneumonia. This makes mesothelioma difficult to detect. Many patients are not diagnosed until later stages of the disease, when it is more difficult to treat.
Scientists have identified several contributing factors to the growth of mesothelioma. The most prevalent factor is exposure to asbestos. Other environmental pollutants, such as arsenic or cadmium, could also trigger this condition.
The three malignant types of mesothelioma can be distinguished based on the cells are affected. Pleural mesothelioma, the most common form of the disease. It affects the chest cavity's lining (pleura) and the lungs. Peritoneal mesothelioma is less frequent but still serious. It is found in the stomach's lining (peritoneum). Testicular mesothelioma is very rare and is found in the testicles.
Researchers continue to research the link between asbestos exposure and Mesothelioma. Some evidence suggests that genetic mutations can influence the risk of developing mesothelioma. Clinical trials testing drugs that target these gene mutations are ongoing.
Asbestos Litigation
In addition to the physical and mental suffering caused by asbestos-related diseases the victims are often faced with financial burdens due to the loss of income. Asbestos suits can help victims receive the compensation they require to pay their bills and restore their standard of living. The first step of an asbestos lawsuit is to gather evidence and identifying the main defendants. This includes examining the work history of the victim and determining whether asbestos-related products were responsible for their illness. A victim's team of trial lawyers will then bring a mesothelioma lawsuit against the responsible companies and manufacturers.
The next phase of an
asbestos lawsuit is the discovery process. This involves interviewing coworkers as well as analysing asbestos dust samples, and reviewing the victim's medical records and laboratory tests. Once a complete database of employers, vendors, and products is compiled, potential defendants can be identified. It can take a long time dependent on the victim's job background, and includes interviewing colleagues, relatives and abatement workers, as well as reviewing a variety of documents which include Social Security, tax, union and employer documents.
During the discovery stage, asbestos and other defendants could file procedural motions seeking to dismiss a plaintiff's case. These motions usually are focused on technical issues and are challenged by experienced attorneys.
If a trial date is been set, the victims will need to demonstrate their injuries before a jury. This is a challenging job, as mesothelioma along with other asbestos-related diseases are difficult to detect and have a long time to develop. Victims must demonstrate that their exposure asbestos was the cause of the disease and that the condition was a direct result of that exposure.
Asbestos trial lawyers can present an impressive case for their clients based on their extensive experience in this area of law. They can also bargain with insurance companies and proactively address the defenses made by defendants to ensure that their clients receive a fair settlement.
Mass torts are often used to describe asbestos cases due to the fact that they involve large groups of injured against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of asbestos-related cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is presently ongoing in the Eastern District of Pennsylvania.
Class Action Lawsuits
In the United States, asbestos exposure is so widespread that the majority of people have been exposed at some time or another. It requires a long-term and repeated exposure to asbestos for severe illnesses such as mesothelioma to develop. The time between initial exposure and diagnosis of mesothelioma may range from 10 to 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 a strict liability for asbestos producers. In the beginning families sought compensation for a deceased loved one from companies that manufactured asbestos-based products.
Asbestos is made up of fibrous minerals found in nature. Asbestos was an extremely popular building material in the 1920s, and into the 1960s because of its fire, heat and corrosion resistant. It's also durable and inexpensive. Asbestos is used in a variety of construction projects. It was sprayed onto the sound and fire insulation, floor tiles, ceiling tile, roofing and siding shingles and pipe coating.
Unfortunately asbestos has been discovered to be a potent carcinogen capable of producing mesothelioma and lung cancer, and asbestosis. These diseases can be caused by breathing asbestos fibers which can infiltrate the lungs and stay there for a long time and cause inflammation and scarring and eventually causing cancerous tumors.
In some cases asbestos can be released into the air when asbestos-containing materials are disturbed. This can happen in military, commercial and residential structures, as well as on bridges, highways 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 a few instances, family members of mesothelioma sufferers have sought compensation from corporations that made asbestos-based items with the claim that they were negligent in their marketing and product development practices. Mesothelioma is considered a terminal disease with 90% mortality so it is imperative that victims seek compensation. A mesothelioma lawyer is able to guide victims family members and loved relatives through the process of suing negligent asbestos settlement (
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Compensation
Many asbestos-related victims can receive compensation for medical bills along with lost wages and suffering. The amount of compensation varies on a variety of factors such as the severity of the victim's illness or the time between exposure to asbestos and diagnosis.