What is an Asbestos Lawsuit?
A lawsuit against asbestos firms is a wonderful way for the families of victims to obtain compensation. Compensation may be in the form of a verdict by a jury or settlement.
A reputable mesothelioma law firm can determine which type of lawsuit is the best one for your specific situation. The process begins by the filing of a complaint. The defendants have a specific time to respond.
Mesothelioma
Mesothelioma is a form of cancer that affects the thin layer of tissue that covers the majority of the organs in the body's interior. It is caused by exposure to asbestos. The disease is usually found in the lungs however, it can also affect the stomach lining, heart and testicles (peritoneal mesothelioma pleural). The condition is rare however, it can be extremely aggressive and usually fatal.
Many people who suffer from mesothelioma worked on jobs where they breathed asbestos dust. It takes a long time for the disease to manifest and the symptoms may not appear for years after exposure. In the majority of cases, the first symptom is a shortness of breath or chest pain. Mesothelioma cannot be treated however, there are treatments to relieve symptoms and prolong the life.
A patient may be diagnosed with mesothelioma through medical history, physical examination and laboratory tests. It is important to discuss any previous exposure to asbestos with your doctor in order to reduce the chance of developing the disease.
The symptoms of mesothelioma aren't necessarily specific and could be mistaken for other illnesses. Early symptoms include chest pain, shortness of breathe, and a dry cough. These symptoms are similar to those that are associated with lung conditions such as bronchitis or pneumonia. This makes mesothelioma difficult to diagnose. Many patients are diagnosed in the latter stages, when the disease is more difficult.
Scientists have identified many factors that contribute to the development of mesothelioma. The exposure to asbestos is the most well-known cause. However other environmental pollutants like cadmium and arsenic can also cause the disease.
Malignant mesothelioma is divided into three types based on the number of cells affected. Pleural mesothelioma may be the most frequent form of the disease. It affects the lining of the chest cavity (pleura) and lungs. Peritoneal mesothelioma is a lesser-known condition but is still a serious condition. It is located in the inner lining (peritoneum) of the stomach. Testicular mesothelioma is extremely rare and can be found in the testicles.
Researchers continue to research the connection between asbestos exposure and Mesothelioma. There is evidence that suggests that genetic mutations can influence the chance of developing mesothelioma. Clinical trials are currently underway to test the effects of drugs targeting gene mutations.
Asbestos Litigation
In addition to the physical and mental suffering caused by asbestos-related diseases, victims often face financial hardship due to loss of income. Asbestos suits can help victims receive the money they need to offset their expenses and restore their standard of living. The first step of an asbestos lawsuit is obtaining evidence and identifying the main defendants. This involves reviewing the work history of a victim and determining how asbestos-related products contributed to their condition. The victim's legal team will start mesothelioma lawsuits against responsible firms.
The next step in an asbestos lawsuit is the discovery process. This includes interviewing coworkers and looking at asbestos dust samples, and examining the victim's medical records and laboratory tests. Once an information database of employers, vendors, and products is created it can be used to identify potential defendants. It can take a number of years to complete this process, dependent on the length of time the victim has been employed. This involves interviewing family members, coworkers or abatement workers, as well as reviewing various records, like Social Security, union, tax and employer records.
During the discovery phase, asbestos and other defendants can present procedural motions to dismiss the plaintiff's case. These motions are usually founded on technical issues and are challenged by skilled attorneys.
Once a trial date is set, victims must prove their injuries before jurors. This can be a challenging task because mesothelioma, and other asbestos-related illnesses are difficult to determine. Victims must prove that exposure to asbestos was the cause of the disease and that the disease was a direct consequence of the exposure.
Asbestos trial lawyers can build a compelling case for their clients by drawing upon their vast knowledge of this area of law. They can also deal with insurance companies, and take proactive steps to address the defenses posed by defendants to ensure that their clients receive a fair settlement.
Mass torts are commonly used to describe asbestos cases because they involve large numbers of victims who are harmed by 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 currently taking place in the Eastern District of Pennsylvania.
Class Action Lawsuits
In the United States, asbestos exposure is so widespread that nearly all people have been exposed to it at some point. It requires repeated and prolonged exposure to asbestos for severe diseases such as mesothelioma develop. The time between initial exposure until diagnosis of mesothelioma might range between 10 and 60 years.
The asbestos industry has been involved in numerous class action lawsuits. The most famous case was that of Borel v. Fireboard Paper Products Corporation which set the precedent of the strict liability of asbestos producers. In the early cases families demanded compensation from companies which made asbestos-based items for the loss of loved ones.
Asbestos is comprised of fibrous minerals that are found in nature.
asbestos lawyer, which is impervious to heat, fire and corrosion, was a common material for building materials in the 1920s and into the 1960s. It is also durable and affordable. Asbestos was used in many different construction projects, including applied to fire and sound insulation, pipe coating ceiling tiles, floor tiles, roofing and siding shingles.
Asbestos is a powerful carcinogen that is capable of causing asbestosis mesothelioma, and lung cancer. These illnesses can be triggered by breathing
asbestos legal fibers that are tiny, which can infiltrate the lungs and stay there for a long period of time, causing scarring and inflammation and eventually leading to cancerous tumors.
In certain situations asbestos can release into the air when asbestos-containing materials are disturbed. This can happen in military, commercial, and residential buildings, as well as in bridges, highways and even ships. The Environmental Protection Agency regulates asbestos removal, with guidelines for proper handling, disposal and testing of asbestos-contaminated material.
In a few cases families of mesothelioma victims have sought compensation from the corporations that made asbestos-based items, claiming that these companies were negligent in their product development and marketing practices. Mesothelioma is considered a terminal disease with a 90 percent mortality rate so it is imperative that patients seek compensation. A mesothelioma lawyer is able to guide victims along with their families and loved ones through the process of suing negligent asbestos manufacturers.
Compensation
Many asbestos victims are entitled to compensation for a variety of expenses, including medical bills, lost wages and suffering and pain.