What is an Asbestos Lawsuit?
An asbestos lawsuit is a way for the victim or their family members to obtain compensation from companies responsible for their exposure. Compensation can be in the form a jury verdict or settlement.
A mesothelioma lawyer who is experienced can determine which type of lawsuit is suitable for your specific situation. The process begins by filing a complaint. The defendants have a finite period of time to respond.
Mesothelioma
Mesothelioma, a form of cancer, affects the tissue layer that covers most of the internal organs of the body. It is caused by exposure to asbestos. The disease usually manifests in the lungs (pleural mesothelioma) however it can be found in the stomach lining (peritoneal mesothelioma) as well as the heart and testicles. The condition is not common but it is a serious condition and can be fatal.
Most people who suffer from mesothelioma ingested
asbestos dust at work. It can take decades for the cancer to develop, and symptoms may not show up until years after exposure. In most cases, chest pain or breathlessness are the first signs. Mesothelioma isn't curable but there are therapies that can relieve symptoms and prolong life.
Mesothelioma can be diagnosed based on the medical history of a patient as well as physical examination, and laboratory tests. It is crucial to discuss any past exposure to asbestos with a doctor as it could increase the chance of developing the disease.
The symptoms of mesothelioma can be confused with other illnesses. Early signs include shortness in breath, chest pain, and dry cough. These symptoms are similar to those seen with lung disorders such as bronchitis or pneumonia. This makes it difficult to diagnose mesothelioma. Many patients are not diagnosed until the advanced stages of the disease, when it is more difficult to treat.
Scientists have identified a number of factors that may contribute to the development mesothelioma. Exposure to asbestos is the most well-known cause. Other environmental pollutants, such as arsenic and cadmium can be a cause of this disease too.
The three types of malignant mesothelioma depend on the type of cells are affected. Pleural mesothelioma, the most prevalent form of the disease. It affects the chest cavity's lining (pleura) and lungs. Peritoneal Mesothelioma though less frequent, is dangerous. It is found in the stomach's lining (peritoneum). Testicular mesothelioma occurs in a very limited number of cases and occurs in the testicles.
Researchers continue to study the relationship between mesothelioma and asbestos exposure. There is evidence that suggests that genetic mutations can affect the likelihood of developing the disease. Clinical trials to test the effectiveness of drugs that target these gene mutations are ongoing.
Asbestos Litigation
In addition to the physical discomfort associated with asbestos-related illnesses victims also face financial hardship as a result of the loss of income. Asbestos lawsuits allow victims to recover the compensation they need to cover the costs and improve their life quality. The first stage in a asbestos lawsuit is gathering evidence and identifying key defendants. This includes examining the work history of the victim and determining whether asbestos-related materials were responsible for their illness. A victim's team of trial lawyers will then start a mesothelioma suit against the responsible manufacturers and companies.
The discovery phase is the next one in a asbestos lawsuit. Interviewing colleagues and analysing asbestos dust samples as well as examining the victim's medical documents or laboratory tests are all part of the discovery process. Once a database of vendors, employers, and products is built and compiled, it can be used to identify potential defendants. It can take a long time depending on the victim's employment background. It involves speaking with family members, co-workers and abatement workers, as well as reviewing a variety of records that include Social Security, tax, union and employer records.
During the discovery phase, asbestos and other defendants may bring procedural motions for dismissal of the plaintiff's claim. These motions are typically made based on technical issues, and are contested by experienced attorneys.
If a trial date is been scheduled,
Asbestos victims must demonstrate their injuries before the jury. This is a difficult task because mesothelioma, and other
asbestos law-related diseases are difficult to recognize. The patient must demonstrate that exposure to asbestos was the reason for the disease and was a direct cause.
Asbestos trial attorneys can create an argument that is persuasive for their clients based on their vast experience in this area of law. They can also engage with insurance companies and proactively address the defenses raised by defendants to ensure that their clients receive a fair settlement offer.
Many asbestos cases are known as mass torts because they involve large numbers of injured people against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. The litigation is currently in progress in the Eastern District of Pennsylvania.
Class Action Lawsuits
Asbestos exposure is so common in the United States that most people have come across it at one time or another. However, it takes long-term and repeated exposure to asbestos for it to cause serious illnesses like mesothelioma. The latency period from initial exposure until diagnosis of mesothelioma may range between 10 to 60 years.
The asbestos industry is implicated in a variety of class action lawsuits. The most famous one was Borel v. Fireboard Paper Products Corporation. This case established the strict liability of asbestos producers. In the beginning families were seeking compensation for the death of a loved one from the companies that made asbestos-based products.
Asbestos is a fibrous minerals that are found in nature. Asbestos, which is impervious to fire, heat and corrosion, was a common building material in the 1920s and into the 1960s. It's also tough and inexpensive. Asbestos was used in many different construction projects, including spraying on fire and sound insulation, pipe coating, floor tiles, ceiling tiles, and roofing and siding shingles.
Asbestos is a potent carcinogen that can cause asbestosis, lung cancer and mesothelioma. These illnesses result from asbestos fibers, which can infiltrate the lungs for a long period of time and cause inflammation and scarring.
In some cases, 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. Asbestos removal regulations are enforced by the Environmental Protection Agency, which includes guidelines that govern the correct disposal, handling and testing of contaminated materials.
In a few instances families of mesothelioma sufferers have sought compensation from corporations that manufactured asbestos-based products, claiming that these companies were negligent in their marketing and product development practices. Mesothelioma sufferers have a 90% mortality rate and is an incurable disease. It is essential that patients seek compensation. A knowledgeable mesothelioma attorney will guide victims and their loved ones through the entire process of seeking compensation from negligent asbestos producers.
Compensation
Many asbestos victims are eligible for compensation for medical expenses along with lost wages and pain and suffering.