What is an Asbestos Lawsuit?
An asbestos lawsuit can be a way for the victim or their family members to get compensation from the company responsible for their exposure. Compensation could take the form of a jury verdict or settlement.
An experienced mesothelioma law firm can help you determine which lawsuit is best for your particular situation. The process starts with the filing of an initial complaint. The defendants are given a certain amount of time to reply.
Mesothelioma
Mesothelioma is a type of cancer, affects the thin tissue layer that covers the majority of the internal organs of the body. Exposure to asbestos is the main cause. The most common cause of
Asbestos Settlement-related disease is found in the lungs, however, it can also affect stomach lining, the heart, and testicles (peritoneal mesothelioma of the pleural). The condition is extremely rare however it can be very serious and usually fatal.
Most people with mesothelioma have worked on jobs where they breathed asbestos dust. The disease can take years to develop and symptoms may not manifest for several years. In most cases, chest pain and shortness of breath are the first symptoms. Mesothelioma can't be treated but there are therapies that can ease 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 inform your doctor about any asbestos-related exposure prior to the time of exposure, as it could increase your risk of developing mesothelioma.
Symptoms of mesothelioma are not necessarily specific and could be mistaken for other illnesses. Early symptoms include shortness of breath, chest pain, and dry cough. These symptoms are similar to those that are associated with lung diseases such as bronchitis or pneumonia. This makes it difficult to recognize mesothelioma. Many patients are not diagnosed until the advanced stages of the disease which is when it becomes more difficult to treat.
Scientists have identified many elements that contribute to the formation of mesothelioma. Exposure to asbestos is the most well-known one. However other environmental pollutants such as arsenic and cadmium may also cause the disease.
The three types of malignant mesothelioma depend on the type of cells are affected. Pleural mesothelioma is the most frequent form of the disease. It is found in the the chest cavity and lungs (pleura). Peritoneal Mesothelioma is less prevalent, is dangerous. It is found in the lining of the stomach (peritoneum). It is a rare cancer that affects the testicles.
Researchers continue to investigate the connection between asbestos exposure and mesothelioma. There is evidence that suggests that gene mutations can affect the risk of developing mesothelioma. Ongoing clinical trials are testing the effects of drugs targeting mutations in genes.
Asbestos Litigation
Asbestos-related diseases can cause financial hardship for victims.
asbestos lawyer lawsuits help victims recover the compensation they need to cover the costs and restore their life quality. The initial step of an asbestos lawsuit is to gather evidence and identifying the primary defendants. This involves examining the work history of the victim and determining how 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. Interviewing colleagues and analysing asbestos dust samples as well as reviewing a victim's medical documents or laboratory tests are all part of the discovery process. Once a complete database of employers, products and vendors is created, possible defendants can be identified. It could take a long time to complete this process, depending on the length of time that the victim has been employed. This includes interviewing family members, coworkers or abatement workers, as well as reviewing various records, such as Social Security, union, tax and employer documents.
During the discovery stage asbestos and other defendants are able to file procedural motions to dismiss the plaintiff's case. They typically focus on technical issues, and are litigated by experienced attorneys in a timely fashion.
Once a trial date has been set, victims must prove their injuries before a jury. This can be a difficult job, as mesothelioma along with other asbestos-related diseases are hard to diagnose and can have a long latency period. The patient must show that the exposure to asbestos was the cause of the illness and that it was a direct result.
Asbestos lawyers can provide an argument that is persuasive for their clients based on their extensive knowledge of 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 an equitable settlement offer.
Many asbestos cases are classified as mass torts since they involve large numbers of injured victims against 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
In the United States, asbestos exposure is so widespread that the majority of people have been exposed at some point. However, it requires an extended and repeated exposure to asbestos to cause serious illnesses like mesothelioma. The latency period between initial exposure and diagnosis of mesothelioma could range between 10 and 60 years.
The asbestos industry has been implicated in numerous class action lawsuits. The most well-known instance was Borel v. Fireboard Paper Products Corporation which set the precedent of strict liability for asbestos producers. In the beginning, families sought compensation for a deceased loved one from firms that made asbestos-based items.
Asbestos is comprised of fibrous minerals that are found in nature. Asbestos is resistant to fire, heat and corrosion, was a common building material in the 1920s and into the 1960s. It's also strong and affordable. Asbestos has been used in numerous construction projects. It was sprayed on the sound and fire insulation floor tiles, ceiling tiles roofing and siding shingles, and pipe coatings.
Asbestos is a carcinogen that is that is capable of causing asbestosis mesothelioma and lung cancer. These illnesses can be caused by breathing asbestos fibers which can enter the lungs and remain there for a long time leading to inflammation and scarring and eventually causing cancerous tumors.
Asbestos can be released in the air when asbestos-containing materials are disturbed. This can happen in commercial, residential, and military buildings as well as contaminated highways and bridges. The Environmental Protection Agency regulates asbestos removal, as well as guidelines for proper handling, disposal and testing of contaminated material.
In a few instances families of mesothelioma sufferers have sought compensation from companies that produced asbestos-based products, claiming that these companies were negligent in their marketing and product development practices. Mesothelioma has a 90percent mortality rate, making it a terminal illness. It is important that patients seek compensation. A mesothelioma lawyer will guide victims family members and loved family members through the process of the legal process of suing negligent asbestos producers.
Compensation
Many asbestos victims are entitled to compensation for a range of expenses which include medical bills lost wages, and suffering and pain.