What is an Asbestos Lawsuit?
An asbestos lawsuit is a method for a victim or their family members to get compensation from the companies that caused their exposure. Compensation may be in the form of a verdict by a jury or settlement.
A mesothelioma lawyer who is experienced can help you determine which lawsuit is appropriate for your situation. The process begins by the filing of an initial complaint. The defendants are given a certain period of time to respond.
Mesothelioma
Mesothelioma is a kind of cancer that affects the thin layer of tissue that covers many of the organs inside your body. It is caused by exposure to asbestos. The most common site of the disease is the lungs (pleural mesothelioma) but it can also occur in the stomach and stomach lining (peritoneal mesothelioma) or in the heart as well as testicles. The condition is uncommon, but severe and often fatal.
Most people with mesothelioma have been employed in positions where they inhaled asbestos dust. The disease can take years to develop and symptoms might not appear for a long time. In the majority of cases, the first sign is shortness of breath or chest pain. Mesothelioma can’t be treated however there are treatment options to relieve symptoms and prolong the life.
Mesothelioma can be diagnosed based on a patient’s medical history along with physical examination 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 signs of mesothelioma can be confused with other diseases. The first signs are chest pain, a shortness of breath, and a dry cough. These symptoms are similar to those associated with lung disorders such as pneumonia or bronchitis. This makes mesothelioma difficult 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 a variety of contributing factors to the growth of mesothelioma. Exposure to asbestos is the most well-known cause. However, other environmental contaminants like arsenic and cadmium may also cause the disease.
Malignant mesothelioma can be classified into three types based on the type of cells affected. Pleural mesothelioma which is the most prevalent type of disease, is the most prevalent. It occurs in the lining of the chest cavity and the lungs (pleura). Peritoneal Mesothelioma though less common, is still extremely serious. It is found in the interior (peritoneum) of the stomach. It is a rare cancer that affects the testicles.
Researchers continue to research the relationship between asbestos exposure and mesothelioma. There is evidence that suggests that mutations in genes can influence a person’s risk of developing the disease. Clinical trials are currently underway to test treatments that target mutations in genes.
In addition to the physical pain as a result of asbestos-related diseases the victims are often faced with financial burdens due to the loss of income. Asbestos lawsuits assist victims in recovering the money they need to cover these costs and improve their quality of life. The first step in an asbestos lawsuit is obtaining evidence and identifying the main defendants. This involves looking over the work history of a victim and determining the way in which asbestos-related products contributed to their condition. The victim’s group will bring mesothelioma lawsuits against the responsible companies.
The discovery process is the next step in an asbestos lawsuit. This involves interviewing co-workers, analyzing asbestos dust samples and reviewing the medical records of the victim and laboratory tests. Once a comprehensive database of employers, vendors, and products is compiled, potential defendants can be identified. This can take years, depending on the victim’s employment history, and involves interviewing family members, co-workers, abatement workers and reviewing different documents that include Social Security, tax, union and employer documents.
During the discovery stage, asbestos and other defendants may submit procedural motions to disqualify a plaintiff’s case. These typically center on technical issues and are contested by experienced attorneys quickly.
Once a trial date is set, victims have to prove their injuries to jurors. This can be a difficult task due to the fact that mesothelioma and other asbestos-related illnesses are difficult to recognize. The victim must be able prove that exposure to asbestos caused the illness and that it was a direct cause.
Asbestos trial lawyers can present an argument that is persuasive for their clients based upon their vast experience in this area of law. They can also negotiate with insurance companies and address defenses raised by defendants to ensure that their client receives an equitable settlement offer.
Many asbestos cases are referred to as mass torts due to the fact that they involve large numbers of injured individuals 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
Asbestos exposure is so common in the United States that most people have been exposed to it at one point or another. However, it requires repeated and prolonged exposure to asbestos to trigger serious diseases such as mesothelioma. The time from the initial exposure to the diagnosis of mesothelioma may range between 10 and Asbestos 60 years.
The asbestos industry has been implicated in a variety of class action lawsuits. The most famous case was that of Borel v. Fireboard Paper Products Corporation which set the precedent of strict liability for asbestos producers. In the beginning families demanded compensation for a dead loved one from firms that made asbestos-based items.
Asbestos is made up of fibrous minerals found in nature. asbestos attorney was a sought-after building material in the 1920s and throughout the 1960s due to its heat, fire and corrosion-resistant. It’s also durable and affordable. Asbestos was used in many construction projects. It was sprayed on the sound and fire insulation flooring tiles, ceiling tile, roofing and siding shingles, and pipe coating.
Unfortunately asbestos has been identified to be a potent carcinogen, capable of producing mesothelioma and lung cancer, and asbestosis. These illnesses can be caused by breathing asbestos fibers which can enter the lungs and remain for a long time which can cause inflammation and scarring and eventually leading to cancerous tumors.
In some cases asbestos can release into the air when asbestos-containing materials are disturbed. This can occur in residential, commercial, and military buildings, as well contaminated highways and bridges. The Environmental Protection Agency regulates asbestos removal, and provides guidelines on proper handling, disposal and testing of material that has been contaminated.
In a few cases, family members of victims of mesothelioma have sought compensation from corporations who manufacture asbestos-based items. They claim that the companies were negligent in their product development and marketing. Mesothelioma can be a fatal disease with a 90 percent mortality rate and it is therefore essential that victims seek compensation. A mesothelioma lawyer can guide victims family members and loved ones through the process taking action against negligent asbestos manufacturers.
Compensation
Many asbestos victims can claim compensation for medical bills as well as lost wages and suffering. The amount of compensation is contingent on several factors, including the severity of the disease or period between exposure to asbestos and the diagnosis.
Anyone diagnosed with mesothelioma, or other asbestos-related disorders are often eligible to receive substantial financial awards. Asbestos lawyers can help determine the right to compensation. They can review a patient’s medical records along with the work history of the patient and areas where they worked. They can use information from thousands of asbestos products and job sites to determine if and how an individual was affected by asbestos.
After the lawyers have gathered this information, they will start a lawsuit against an asbestos manufacturer or trust fund. This is usually handled at the state-level. The asbestos settlement is the most common method to settle mesothelioma cases. A lawyer who is specialized in asbestos usually negotiates a settlement with a client within 90 days.
Attorneys consider the total cost of healthcare and the amount that each client will suffer from asbestos-related disease when negotiating an agreement. They evaluate a broad range of costs, ranging from transportation to home health aids, as well as complementary therapies. They also take into account how much a person has lost in income and other assets.
The majority of people are diagnosed with Mesothelioma by their 70s. However, victims in their 40s and 50s can be affected by asbestos-related illnesses. Asbestos sufferers can claim compensation from the companies who exposed them toxic substance, from asbestos trust funds, and from insurers that have taken over the responsibility for asbestos-related manufacturers.
Mesothelioma and other asbestos-related illnesses are costly to treat. It can be a very lonely experience for those who are affected. A top mesothelioma attorney can assist in ensuring that each victim receives all the compensation that they deserve. In some cases, the compensation awarded is in the millions of dollars. Asbestos victims whose loved ones have died from mesothelioma, or an asbestos-related disease, may bring a wrongful death lawsuit against the responsible party.