What is an Asbestos Lawsuit?
An asbestos lawsuit can be a way for a victim or their family members to receive compensation from the companies responsible for their exposure. Compensation may be in the form of a jury verdict or settlement.
An experienced mesothelioma law firm can determine which type of lawsuit is the best one for your specific situation. The process begins with the filing of an initial complaint. The defendants have a short amount of time to respond.
Mesothelioma
Mesothelioma is a kind of cancer that affects the thin layer of tissue that covers the majority of the organs of the body's internal organs. Exposure to asbestos can trigger the disease. The condition is most often seen in the lung (pleural mesothelioma) however it can occur in the stomach and stomach lining (peritoneal mesothelioma) or in the heart as well as testicles. The condition is rare but it is extremely serious and often fatal.
Many people who suffer from mesothelioma worked in jobs where they inhaled asbestos Settlement (
www.letts.Org) dust. The disease can take a long time to begin to develop, and symptoms may not appear for a long time. In the majority of cases, chest pain or shortness of breath are the first signs. Mesothelioma cannot be treated but there are therapies that can alleviate symptoms and prolong life.
Mesothelioma is diagnosed based on a patient's medical history along with physical examination and laboratory tests. It is essential to inform your doctor about any asbestos exposure history, as it can increase your risk of developing mesothelioma.
The symptoms of mesothelioma may not be particular and may be mistaken for other illnesses. The first signs are shortness of breath, chest pain, and dry cough. These symptoms are similar to those seen with lung conditions such as bronchitis or pneumonia. This makes mesothelioma very difficult to diagnose. Many patients are not diagnosed until the later stages of the disease when it is more difficult to treat.
Scientists have identified a range of factors that may influence the development of mesothelioma. Exposure to
asbestos case is among the most well-known factor. Other pollutions in the environment, like arsenic or cadmium, could be a cause of this disease too.
Malignant mesothelioma can be classified into three types based on the cells affected. Pleural mesothelioma 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, although less common, is still serious. It is found in the stomach's lining (peritoneum). It is a rare type of cancer that affects the testicles.
Researchers continue to research the relationship between mesothelioma and asbestos exposure. Some evidence suggests that gene mutations may influence the chance of developing mesothelioma. Ongoing clinical trials are testing drugs that target mutations in genes.
Asbestos Litigation
Asbestos-related ailments can cause financial hardship to victims. Asbestos lawsuits assist victims in recovering the compensation they need to cover these costs and improve their standard of living. The first step of an asbestos lawsuit involves gathering evidence and identifying key defendants. This involves reviewing the work history of the victim and determining whether asbestos-related products were responsible for their illness. The victim's team will file mesothelioma suits against the responsible companies.
The next stage in an asbestos lawsuit is the discovery process. It involves interviewing colleagues and studying asbestos dust samples and reviewing the medical records of the victim as well as laboratory tests. Once a comprehensive database of employers, vendors, and products is compiled, potential defendants are identified. It can take a number of years to complete this process, depending on how long the victim has been employed. This includes interviewing coworkers, family members, abatement workers, and studying various records, like Social Security, union, tax and employer documents.
During the discovery stage, asbestos and other defendants might submit procedural motions to disqualify a plaintiff's case. These motions typically are made based on technical issues, and are challenged by experienced lawyers.
After a trial date is established, the victims must demonstrate their injuries to the jury. This can be a challenging task since mesothelioma as well as other asbestos-related illnesses are difficult to diagnose. The victims must be able to demonstrate that their exposure asbestos caused the illness, and that the illness was the direct result of the exposure.
Asbestos trial attorneys can create a compelling case for their clients based on their years of experience in this particular area of law. They can also negotiate directly with insurance companies, and address the defenses raised in the court by defendants. This will ensure that their clients receive an equitable settlement.
Many asbestos cases are classified as mass torts due to the fact that they involve large groups of injured people 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 currently pending in the Eastern District of Pennsylvania.
Class Action Lawsuits
In the United States, asbestos exposure is so widespread that a majority of people have been exposed at some time or another. However, it takes repeated and prolonged exposure to asbestos for it to cause serious diseases like mesothelioma. The latency period from the first exposure to diagnosis of mesothelioma could be between 10 to 60 years.
The asbestos industry has been involved in several class action lawsuits. The most well-known instance was that of Borel v. Fireboard Paper Products Corporation which set the precedent of the strict liability of asbestos producers. In the beginning, families demanded compensation from companies which produced asbestos-based products for the loss of loved ones.
Asbestos is composed of fibrous minerals that are found in nature. Asbestos was a popular building material in the 1920s and throughout the 1960s because of its fire, heat, and corrosion resistant. It's also tough, and cheap. Asbestos was used in many different construction projects, including spraying on sound and fire insulation, pipe coating, floor tiles, ceiling tiles, and roofing and siding shingles.
Unfortunately, asbestos has been found to be a potent carcinogen that has the potential of producing mesothelioma and asbestosis, and lung cancer. These illnesses can be triggered by breathing asbestos fibers that are tiny, which can enter the lungs and remain in the lungs for a prolonged period, causing scarring and inflammation and eventually causing cancerous tumors.
Asbestos can be released in the air if asbestos-containing substances are disturbed. This could happen in commercial, military and residential structures, as well as in bridges, highways and ships. The Environmental Protection Agency regulates
asbestos compensation removal, as well as guidelines for proper handling, disposal and testing of contaminated material.
In some instances, the relatives of those who have been affected by mesothelioma have sought compensation from companies who manufacture asbestos-based items. They claim that the companies were negligent with their product development and marketing. Mesothelioma is considered a terminal disease with a 90 percent mortality rate which is why it is essential that patients seek compensation. A knowledgeable mesothelioma attorney will guide victims and their loved relatives through the entire process of seeking compensation from negligent asbestos manufacturers.