What is an Asbestos Lawsuit?
An asbestos lawsuit is a method for a victim or family members to obtain compensation from companies responsible for their exposure. Compensation can take the form of a verdict by a jury or settlement.
A mesothelioma lawyer who is experienced will determine which lawsuit is the best one for your specific situation. The process begins by filing a complaint. The defendants have a specific time to respond.
Mesothelioma
Mesothelioma is a type of cancer that affects the thin layer of tissue that covers many organs in the organs inside your body. Exposure to asbestos is the cause. The condition is most often seen in the lung (pleural mesothelioma) but it can also occur in the stomach liner (peritoneal mesothelioma) as well as the heart and testicles. The condition is not common, but it can be aggressive and usually fatal.
Most people with mesothelioma have been employed in jobs where they inhaled
asbestos case dust. It can take decades for the disease to manifest and the symptoms may not show up until years after exposure. In the majority of instances, chest pain or breathlessness are the first signs. Mesothelioma is not curable however there are ways to ease symptoms and prolong the life.
Mesothelioma can be diagnosed 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 the risk of developing mesothelioma.
The symptoms of mesothelioma can be particularly specific and are often misinterpreted as other illnesses. Early signs include shortness in breath, chest pain, and dry cough. They are similar to symptoms of lung-related conditions, such as pneumonia and bronchitis. This makes mesothelioma hard to identify. Many patients are not diagnosed until later stages of the disease which is when it becomes more difficult to treat.
Scientists have identified several contributing factors to the growth of mesothelioma. The most frequent cause is exposure to asbestos. Other environmental pollutants, such as arsenic and cadmium can also trigger this condition.
The three types of malignant mesothelioma are based on which cells are affected. Pleural mesothelioma which is the most commonly encountered type of the disease is the most common. It is found in the lining of the chest cavity and lungs (pleura). Peritoneal Mesothelioma though less common, is still dangerous. It is found in the lining of the stomach (peritoneum). It is a rare type of cancer that affects the testicles.
Researchers continue to study the relationship between mesothelioma and asbestos exposure. Some evidence suggests that gene mutations can affect the chance of developing mesothelioma. Ongoing clinical trials are testing treatments that target gene mutations.
Asbestos Litigation
In addition to the physical suffering that is associated with asbestos-related illnesses, victims often face financial hardship due to loss of income. Asbestos suits can help victims receive the compensation they require to pay their bills and improve their standard of living. The first step in an asbestos lawsuit is obtaining evidence and identifying the key defendants. This involves reviewing a victim's work history and determining if asbestos-related products caused their illness. A victim's team of trial lawyers will then start a mesothelioma suit against the responsible manufacturers and companies.
The next step in an asbestos lawsuit is the discovery process. This involves interviewing co-workers as well as analyzing asbestos dust samples and reviewing the victim's medical records and laboratory tests. Once a comprehensive database of employers, products and vendors is established, potential defendants can be identified. This could take years depending on the victim's employment history and includes interviews with co-workers, relatives and abatement workers as well as reviewing several documents which include Social Security, tax, union and employer records.
During the discovery stage, asbestos and other defendants may file procedural motions to dismiss the plaintiff's claim. They usually revolve around technical issues, and are contested by skilled attorneys in a timely fashion.
After a trial date is set, victims have to prove their injuries before the jury. This can be a daunting task due to the fact that mesothelioma and other asbestos-related diseases are difficult to diagnose and can have a long latency period. The patient must show that the exposure to asbestos was the reason for the disease and was a direct cause.
Asbestos lawyers can present a compelling argument for their clients based on their vast experience in this particular area of law. They can also bargain with insurance companies and take proactive steps to address the defenses posed by defendants to ensure that their client receives a fair settlement offer.
Many asbestos cases are known as mass torts due to the fact that they involve large groups of injured people against multiple defendants. The Judicial Panel on Multidistrict Litigation combined thousands of asbestos cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is ongoing 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 point. However, it requires an extended and repeated exposure to asbestos to cause mesothelioma-related illnesses that are serious. The time from the initial exposure to the diagnosis of mesothelioma might range between 10 and 60 years.
The asbestos industry is involved in a variety of class action lawsuits. The most well-known was that of Borel v. Fireboard Paper Products Corporation which set the precedent of strict liability for asbestos manufacturers. In the beginning, families sought compensation for a deceased loved one from the companies that manufactured asbestos-based products.
Asbestos is a fibrous minerals that are found in nature. Asbestos, which is invulnerable to heat, fire and corrosion, was a common building material in the 1920s, and even into the 1960s. It's also strong and inexpensive. Asbestos has been used in many construction projects. It was sprayed on fire and sound insulation flooring tiles, ceiling tiles roofing and siding shingles, and pipe coating.
Unfortunately asbestos has been identified to be a potent carcinogen, capable of causing mesothelioma, lung cancer, and asbestosis. These diseases can be caused by breathing asbestos fibers that are tiny, which can get into the lungs and stay for a long time which can cause inflammation and scarring and eventually causing cancerous tumors.
Asbestos is released into the air when asbestos-containing materials are disturbed. This can happen in commercial, military and residential structures, as well as in contaminated highways, bridges, and even ships. The Environmental Protection Agency regulates asbestos removal, as well as guidelines for proper handling, disposal and testing of contaminated material.
In some cases families of mesothelioma patients have sought compensation from the corporations that made asbestos-based items in the belief that they were negligent in their marketing and product development practices. Mesothelioma is considered a terminal disease with an estimated mortality rate of 90 percent and it is therefore essential that patients seek compensation. A mesothelioma lawyer is able to guide victims family members and loved relatives through the process of taking action against negligent asbestos manufacturers.
Compensation
Many asbestos victims are entitled to compensation for a wide range of expenses which include medical bills lost wages, and suffering.