What is an Asbestos Lawsuit?
An asbestos lawsuit is a way for the victim or their family to receive compensation from the companies responsible for their exposure. Compensation may be in the form of a jury verdict or settlement.
A mesothelioma lawyer who has experience will help you decide on the best kind of lawsuit for your situation. The process starts with the filing of an initial complaint. The defendants are given a certain amount of time to reply.
Mesothelioma
Mesothelioma, a form of cancer, affects the thin tissue layer that covers most of the internal organs of the body. Exposure to asbestos is the main cause. The disease usually manifests in the lung (pleural mesothelioma) however it can occur in the stomach the lining (peritoneal mesothelioma), the heart, and testicles. The condition is uncommon however, it can be extremely aggressive and, in most cases, fatal.
Most people who suffer from mesothelioma inhaled asbestos dust at work. It can take decades for the cancer to develop, and symptoms may not be evident for a long time after exposure. In the majority of cases, the first sign is breathlessness or chest pain. Mesothelioma cannot be treated, but there are treatments which can ease symptoms and prolong the duration of life.
Mesothelioma diagnosis is based on a patient's medical history along with physical examination and laboratory tests. It is important to discuss any history of exposure to asbestos with a doctor since it may increase the risk of developing the disease.
The signs of mesothelioma can be mistaken for other illnesses. The first signs are shortness of breath, chest pain, and dry cough. They are similar to the symptoms of lung disorders, such as pneumonia and bronchitis. This makes it difficult to recognize mesothelioma. Many patients are diagnosed in the later stages, when the disease is more difficult.
Scientists have identified many contributing factors to the development of mesothelioma. Exposure to asbestos is among the most well-known one. However, other environmental pollutants such as cadmium and arsenic can also cause the disease.
The three types of malignant mesothelioma depend on the type of cells are affected. Pleural mesothelioma, which is the most common type of the disease is the most widespread. It affects the chest cavity's lining (pleura) and lungs. Peritoneal Mesothelioma though less common, is still dangerous. It is located in the inside (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles.
Researchers continue to study the connection between asbestos exposure and mesothelioma. Some evidence suggests that mutations in genes could affect a person's likelihood of developing the disease. Ongoing clinical trials are testing the effects of drugs targeting gene mutations.
Asbestos Litigation
Asbestos-related ailments can cause financial hardship for the victims. Asbestos suits help victims get the compensation they need to pay for their expenses and improve their standard of living. The initial step of an asbestos lawsuit is obtaining evidence and identifying the key defendants. This includes reviewing a victim's work history and determining the way in which asbestos-related products caused their illness. The victim's trial team will then start a mesothelioma suit against the responsible companies and manufacturers.
The discovery process is the next step in an asbestos lawsuit. This involves interviewing coworkers as well as analyzing asbestos dust samples and examining the medical records of the victims and laboratory tests. Once an information database of employers, vendors, and products is compiled and maintained, it can be used to identify potential defendants. It can take many years to complete this process, depending on the length of time that the victim has been employed. This includes interviewing family members, coworkers Abatement workers, and studying various records, such as Social Security, union, tax and employer records.
During the discovery stage, asbestos and other defendants could make procedural motions to throw out the plaintiff's claim. These motions usually are made based on technical issues, and are contested by experienced attorneys.
Once a trial date has been set, the victims must prove their injuries before the jury. This can be a difficult task since mesothelioma as well as other asbestos-related diseases are difficult to identify. The victim must be able demonstrate that exposure to asbestos was the reason for the disease and was a direct cause.
Asbestos lawyers can make a compelling argument for their clients based on 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.
Many asbestos cases are called mass torts since they involve large groups of injured people against multiple defendants. The Judicial Panel on Multidistrict Litigation combined thousands of asbestos 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
In the United States, asbestos exposure is so widespread that most people have been exposed at some point. But it is only an extended and repeated exposure to asbestos for it to cause serious diseases like mesothelioma. The time period between the first exposure to diagnosis of mesothelioma can range between 10 to 60 years.
The asbestos industry is involved in a number of class action lawsuits. The most well-known instance was Borel v. Fireboard Paper Products Corporation that established the precedent of the strict liability of asbestos producers. In the beginning families sought compensation for a deceased loved one from the companies that produced asbestos legal-based products.
Asbestos is comprised of fibrous minerals that are found in nature. Asbestos was an extremely popular building material in the 1920s, and into the 1960s due to its heat, fire and corrosion-resistant. It's also tough, and cheap. Asbestos is used in a variety of construction projects. It was sprayed on fire and sound insulation floor tiles, ceiling tile, roofing and siding shingles and pipe coating.
Asbestos is a powerful carcinogen that can cause asbestosis, mesothelioma and lung cancer. These illnesses result from asbestos fibers that enter the lungs for a prolonged period of time, causing inflammation and scarring.
Asbestos is released into the air if asbestos-containing substances are disturbed. This can happen in commercial, residential, and military buildings as well as in contaminated highways and bridges. The Environmental Protection Agency regulates asbestos removal, as well as guidelines for proper handling, disposal, and testing of the material that is contaminated.
In a few cases, families of victims of mesothelioma have sought compensation from corporations which manufacture asbestos-based products. They claim that these firms were negligent in their product development and marketing. Mesothelioma has a 90percent mortality rate and is therefore a terminal disease. It is crucial that patients seek compensation. An experienced mesothelioma lawyer can assist victims and their loved families through the entire process of seeking compensation from negligent asbestos manufacturers.
Compensation
Many asbestos victims are entitled to compensation for a variety of expenses such as medical bills, lost wages and pain and suffering. The amount of compensation depends on a variety of factors, such as the severity of the illness of the victim or the time between exposure to asbestos and diagnosis.
Those diagnosed with mesothelioma or other asbestos-related illnesses are typically eligible to receive significant financial awards. Asbestos lawyers can help determine eligibility for compensation. They may review the medical records of a patient along with the work history of the patient and places where they worked. They can use information from thousands of asbestos-related products and work sites to determine where and how an individual was affected by asbestos.
After the lawyers have gathered the necessary information, they'll start a lawsuit against an asbestos manufacturer or trust fund. This is usually done at the state level. Most mesothelioma cases end up being resolved through an asbestos settlement, rather than a trial. A lawyer that specializes in asbestos usually negotiates a settlement with a client within 90 days.
When negotiating an asbestos settlement, attorneys take into consideration how much each client has been affected by their condition and what the total cost of treatment will be. They take into account many costs, from transportation expenses to home health aides and complementary therapies. They also weigh in the amount a person has lost in income and other assets.
The majority of people diagnosed with Mesothelioma are in their 70s. However, those 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 as well as from asbestos trust funds, and even from insurance companies that have taken over the responsibility of asbestos producers.
Mesothelioma and other asbestos-related illnesses can be very expensive to treat. It can be a very lonely time for those who are affected. A reputable mesothelioma lawyer will ensure that every victim receives the full amount they are entitled to. In certain cases, compensation can be as high as millions of dollars. Asbestos victims who have loved ones who have passed away from mesothelioma or another asbestos-related disease, can also file a wrongful death suit against the responsible party.