What is an Asbestos Lawsuit?
An asbestos lawsuit is a means for a victim and their family members to get compensation from the companies that caused their exposure. Compensation may take the form of a verdict by a jury, settlement or a settlement.
A mesothelioma lawyer who is experienced will determine which lawsuit is appropriate for your situation. The process begins with the filing of an initial complaint. Defendants have a limited period of time to respond.
Mesothelioma
Mesothelioma is a type of cancer that affects the thin layer of tissue that covers many organs in the organs in the body's interior. Exposure to asbestos is the cause. The condition is most often seen in the lungs (pleural mesothelioma) however it can occur in the stomach the lining (peritoneal mesothelioma) or in the heart as well as testicles. The condition is uncommon, but aggressive and usually fatal.
Most people with mesothelioma have worked on jobs where they inhaled asbestos dust. The disease can take a long time to begin to develop, and symptoms may not appear for a long time. In most cases, the first sign is a shortness of breath or chest pain. Mesothelioma can't be treated but there are therapies that can alleviate symptoms and prolong the duration of life.
Mesothelioma is diagnosed based on the medical history of a patient along with physical examination and laboratory tests. It is essential to discuss any past exposure to asbestos with a physician, because it can increase the risk of developing the disease.
Symptoms of mesothelioma are not very specific and can be mistaken for other diseases. Early symptoms include chest pain, a shortness of breath, and a dry cough. These are similar to those of lung-related conditions such as pneumonia or bronchitis. This makes it difficult to diagnose mesothelioma. A majority of patients are diagnosed in the later stages, which means that the disease is more difficult.
Scientists have identified several contributing factors to the growth of mesothelioma. The most prevalent factor is exposure to asbestos. However, other environmental contaminants like arsenic and cadmium can cause the disease.
The three types of malignant mesothelioma are based on which cells are affected. Pleural mesothelioma is by far the most commonly encountered form of disease. It occurs in the the chest cavity and lungs (pleura). Peritoneal mesothelioma is less frequent however it is still very serious. It is found in the lining of the stomach (peritoneum). It is a rare cancer that affects the testicles.
Researchers continue to study the connection between asbestos exposure and Mesothelioma. There is evidence suggesting that gene mutations could influence the risk of developing mesothelioma. Current clinical trials are testing treatments that target gene mutations.
Asbestos Litigation
In addition to the physical discomfort that is associated with asbestos-related illnesses patients often experience financial burdens due to the loss of income. Asbestos suits assist victims in getting the compensation they require to pay their bills and improve their standard of living. The first step in an asbestos lawsuit involves gathering evidence and identifying the primary defendants. This involves looking over a victim's work history and determining what asbestos-related substances caused their illness. A victim's trial team will then bring a mesothelioma lawsuit against the responsible manufacturers and companies.
The next phase of an asbestos lawsuit is the discovery process. Interviewing co-workers and analysing asbestos dust samples as well as reviewing victim's medical records or laboratory tests are all part of the discovery process. Once a comprehensive database of employers, products and vendors is created, potential defendants are identified. It may take several years to complete this process depending on the length of time that the victim has been employed. This involves interviewing family members, coworkers, abatement workers, and studying various records, like Social Security, union, documents regarding tax and employment.
During the discovery stage asbestos and other defendants can make procedural motions to revoke a plaintiff's claim. These typically center on technical issues and are litigated by experienced attorneys quickly.
After a trial date has been set, the plaintiffs will be required to show their injuries to a jury. This can be a daunting job, as mesothelioma along with other asbestos-related diseases are hard to diagnose and can have a long duration of latency. The victim must be able demonstrate that exposure to asbestos caused the disease and that it was a direct consequence.
Asbestos trial attorneys can create an argument that is convincing for their clients based on their years of experience in this area of law. They are also able to negotiate directly with insurance companies and deal with the defenses made in court by defendants. This will ensure that their clients receive a fair settlement.
Mass torts are typically used to describe asbestos cases, because they involve large groups victims who are harmed by multiple defendants. The Judicial Panel on Multidistrict Litigation has taken on thousands of these 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 widespread in the United States that most people have come into contact with it at one point or another. However, it requires an extended and repeated exposure to asbestos to cause serious illnesses like mesothelioma. The time between initial exposure and diagnosis of mesothelioma can vary between 10 and 60 years.
The
asbestos lawyer industry is involved in several class action lawsuits. The most famous case was Borel v. Fireboard Paper Products Corporation which set the precedent of the strict liability of asbestos producers. In the early cases families sought compensation from companies that made asbestos-based products in the death of a loved one.
Asbestos is comprised of fibrous minerals that are found in nature. Asbestos was a sought-after building material during the 1920s and into the 1960s because of its fire, heat and corrosion-resistant. It is also durable, and cheap. Asbestos has been used in a variety of different construction projects, such as applied to fire and sound insulation pipe coating, ceiling tiles, floor tiles, and roofing and siding shingles.
Asbestos is a potent carcinogen capable of causing asbestosis, lung cancer and mesothelioma. These illnesses can be caused by breathing asbestos fibers that are tiny, which can enter the lungs and stay in the lungs for a prolonged period leading to inflammation and scarring and eventually leading to cancerous tumors.
Asbestos can be released into the air when asbestos-containing materials are disturbed. This can occur in military, commercial, and residential buildings, as well as on bridges, roads, and even ships. The Environmental Protection Agency regulates asbestos removal, including guidelines on proper handling, disposal and testing of material that has been contaminated.
In a few cases, family members of mesothelioma sufferers have sought compensation from the companies that produced asbestos-based products, claiming that these companies were negligent in their product development and marketing practices. Mesothelioma is a fatal illness with a 90 percent mortality rate and it is therefore essential that patients seek compensation. A
mesothelioma lawyer with experience can assist victims and their loved ones through the entire process of seeking compensation from negligent asbestos manufacturers.
Compensation
Many asbestos victims can receive compensation for medical bills as well as lost wages and pain and suffering.