What is an Asbestos Lawsuit?
An asbestos lawsuit is a way for the victim or their family members to receive compensation from the companies responsible for their exposure. Compensation could take the form of a verdict by a jury or settlement.
An experienced mesothelioma attorney can help you determine which lawsuit is appropriate for your specific situation. The process begins with the filing of a complaint. The defendants have a finite amount of time to reply.
Mesothelioma
Mesothelioma is a form of cancer that affects the thin layer of tissue that covers the majority of the body’s internal organs. It is caused by exposure to asbestos. The disease is usually located in the lungs, however, it can also affect the stomach lining, heart and testicles (peritoneal mesothelioma pleural). The condition is uncommon but it is extremely serious and often fatal.
The majority of people diagnosed with mesothelioma have worked in jobs where they breathed asbestos dust. It can take decades for the cancer to develop, and symptoms may not appear for years after exposure. In the majority of instances, chest pain or shortness of breath are the first signs. Mesothelioma cannot be cured however, there are treatments to alleviate symptoms and prolong the life of.
Mesothelioma can be diagnosed based on a patient’s medical history, physical exam, and laboratory tests. It is crucial to inform your doctor about any asbestos exposure prior to the time of exposure, as it could increase the risk of developing mesothelioma.
The symptoms of mesothelioma could be mistaken for other illnesses. Early signs include shortness of breath, chest pain, and dry cough. These symptoms are similar to those that are associated with lung conditions such as bronchitis or pneumonia. This makes mesothelioma hard to detect. Many patients are diagnosed at the later stages, when the disease is more difficult.
Scientists have identified a number of factors that may be responsible for the development of mesothelioma. The most common factor is asbestos exposure. However other environmental contaminants like arsenic and cadmium may also cause the disease.
The three forms of malignant mesothelioma are determined by which cells are affected. Pleural mesothelioma is the most prevalent form of the disease. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal mesothelioma is less frequent but is still a serious condition. It occurs in the stomach’s lining (peritoneum). Testicular mesothelioma occurs in a very limited number of cases and is found in the testicles.
Researchers continue to research the link between asbestos exposure and Mesothelioma. Some evidence suggests that mutations in genes may influence a person’s chances of developing the disease. Clinical trials to test the effectiveness of drugs that target these mutations are ongoing.
Asbestos Litigation
In addition to the physical suffering caused by asbestos-related diseases, victims often face financial burdens due to the loss of income. Asbestos suits assist victims in getting the money they need to pay their bills and restore their standard of living. The first step in an asbestos lawsuit is obtaining evidence and identifying the main defendants. This includes reviewing the work history of a victim and determining the way in which asbestos-related products contributed to their condition. A victim’s team of trial lawyers will then bring a mesothelioma lawsuit against the responsible companies and manufacturers.
The discovery process is the next step in an asbestos lawsuit. Interviewing colleagues and studying asbestos dust samples and also reviewing the victim’s medical documents or laboratory tests are all aspects of the discovery process. Once an inventory of employers, vendors and products is established and compiled, it can be used to find potential defendants. This could take several years, depending on the victim’s employment background. It involves speaking with family members, coworkers and abatement workers, as well as reviewing several documents that include Social Security, tax, union and employer documents.
During the discovery stage, asbestos and other defendants can present procedural motions to dismiss the plaintiff’s claims. These motions are usually founded on technical issues and are opposed by experienced attorneys.
When a trial date has been set, victims must prove their injuries to a jury. This can be a difficult task, because mesothelioma and other asbestos-related diseases are hard to diagnose and have a long latency period. Victims must be able to prove that their exposure to asbestos caused the disease and that the disease was the direct result of that exposure.
Asbestos attorneys can present a compelling argument for their clients based on their extensive knowledge of this area of law. They can also work directly with insurance companies and also address defenses brought in court by defendants. This will ensure that their clients get an equitable settlement.
Many asbestos cases are called mass torts since they involve large numbers of injured victims against multiple defendants. The Judicial Panel on Multidistrict Litigation has brought together 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
Asbestos exposure is so widespread in the United States that most people have been exposed to it at one time or another time. It requires a long-term and repeated exposure to asbestos for severe diseases such as mesothelioma develop. The time from the initial exposure to the diagnosis of mesothelioma can range between 10 to 60 years.
The asbestos industry has been involved in several class action lawsuits. The most well-known was Borel v. Fireboard Paper Products Corporation, which established the precedent of strict liability for asbestos manufacturers. In the early cases, families demanded compensation for a dead loved one from companies that manufactured asbestos-based products.
Asbestos is composed of fibrous minerals found in nature. Asbestos was a well-known building material in the 1920s, and into the 1960s because it was heat, fire and asbestos lawsuit corrosion-resistant. It is also durable and inexpensive. Asbestos has been used in a variety of different construction projects, including sprayed on fire and sound insulation, pipe coating floor tiles, ceiling tiles, roofing and siding shingles.
Unfortunately asbestos has been identified to be a powerful carcinogen capable of inducing mesothelioma as well as asbestosis, and lung cancer. These diseases result from asbestos fibers, which can infiltrate the lungs for a prolonged period of time and cause inflammation and scarring.
Asbestos can be released into the air if asbestos-containing substances are disturbed. This can occur in commercial, military, and residential buildings, as well as on bridges, highways and even ships. Asbestos removal regulations are enforced by the Environmental Protection Agency, which has guidelines on the proper handling, disposal and testing of materials that are contaminated.
In some cases families of mesothelioma patients have sought compensation from corporations that manufactured asbestos-based products with the claim that they were negligent in their product development and marketing practices. Mesothelioma can be a fatal disease with an estimated mortality rate of 90 percent and it is therefore essential that patients seek compensation. A mesothelioma lawyer can help victims family members and loved ones through the process of the legal process of suing negligent asbestos producers.
Compensation
Many asbestos-related victims can receive compensation for medical expenses, lost wages, and suffering. The amount of compensation varies on a variety of factors, like the severity of the illness of the victim or the period between exposure to asbestos and diagnosis.
Anyone diagnosed with mesothelioma, or other asbestos-related diseases are usually eligible for substantial financial awards. Asbestos attorneys can help determine compensation eligibility. They can look over a patient’s medical records, work history and areas where they worked. They may use information from thousands of asbestos-related products and job sites to find out where and how an individual was affected by asbestos.
After obtaining this information, the lawyers will file a suit against an asbestos or trust fund manufacturer. This is usually done at the state level. The asbestos lawyer settlement is the most popular way to resolve mesothelioma claims. An asbestos lawyer is able to settle a case within 90 days.
When negotiating an asbestos settlement, attorneys consider how much each client has been hurt by their disease and what the total cost of treatment will be. They take into consideration a range of costs, ranging from transportation to home health aids, as well as complementary therapy. They also consider how much a person has lost in income and other assets.
Most people diagnosed with Mesothelioma are in their 70s. However, victims in their 40s and 50s may also suffer from asbestos-related illnesses. Asbestos sufferers can claim compensation from the companies that exposed them toxic substance or asbestos trust funds and from insurers that have taken over the responsibility for asbestos-related manufacturers.
Treatment of asbestos-related diseases and mesothelioma can be costly. It can be a very lonely time for those who are affected. An experienced mesothelioma lawyer will help ensure that every victim receives the maximum amount of compensation they are entitled to. In some cases, the compensation given is in the millions of dollars. Asbestos victims who have lost a loved family member to mesothelioma and/or another asbestos-related illness may also file wrongful death lawsuits against the responsible party.