What is an Asbestos Lawsuit?
An asbestos lawsuit is a way for a victim or their family members to receive compensation from the companies that caused their exposure. Compensation could take the form of a verdict by a jury or settlement.
A mesothelioma attorney with experience can help you choose the best type of lawsuit to suit your case. The process begins with the filing of a complaint. The defendants have a limited time to respond.
Mesothelioma
Mesothelioma is a type of cancer, affects the tissue layer that covers most of the internal organs in the body. Exposure to asbestos is the reason. The most common site of the disease is the lungs (pleural mesothelioma) however it can occur in the stomach liner (peritoneal mesothelioma) as well as the heart and testicles. The condition is uncommon, but aggressive and usually fatal.
The majority of people diagnosed with mesothelioma have worked on jobs where they inhaled asbestos dust. The disease can take years to be diagnosed and symptoms may not manifest for several years. In the majority of cases, chest pain and breathlessness are the first symptoms. Mesothelioma isn’t curable However, there are treatments which can ease symptoms and prolong life.
Mesothelioma is diagnosed based on a patient’s medical history as well as physical examination and laboratory tests. It is important to tell your doctor about any asbestos legal-related exposure prior to the time of exposure, as it could increase your risk of developing mesothelioma.
The symptoms of mesothelioma could be confused with other illnesses. The first signs are shortness of breath, chest pain, and dry cough. They are similar to symptoms of lung-related conditions like pneumonia and bronchitis. This makes it difficult for doctors to diagnose mesothelioma. Many patients are diagnosed in the later stages, when the disease is more difficult to diagnose.
Scientists have identified several contributing factors to the development of mesothelioma. The most prominent factor is exposure to asbestos. However other environmental pollutants such as arsenic and asbestos cadmium may also cause the disease.
The three types of malignant mesothelioma are based on which cells are affected. Pleural mesothelioma, the most prevalent form of the disease. It occurs in the the chest cavity and lungs (pleura). Peritoneal mesothelioma is a lesser-known condition but still serious. It is located in the lining (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles.
Researchers continue to study the link between asbestos exposure and Mesothelioma. There is evidence suggesting that gene mutations could influence the likelihood of a person developing mesothelioma. Ongoing clinical trials are testing drugs that target mutations in genes.
Asbestos Litigation
In addition to the physical and mental suffering associated with asbestos-related illnesses, victims often face financial burdens due to the loss of income. Asbestos suits can help victims receive the money they need to cover their expenses and improve their standard of living. The first step in a asbestos lawsuit is gathering evidence and identifying key defendants. This includes reviewing the work history of the victim and determining if asbestos-related products caused their illness. The victim’s legal team will file mesothelioma suits against the responsible companies.
The next stage of an asbestos lawsuit is the discovery process. Interviewing co-workers and looking at 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, vendors, and products is compiled, potential defendants are identified. It can take many years to complete this process dependent on the length of time the victim has worked. This involves interviewing coworkers, family members, abatement workers, and reviewing various records, such as Social Security, union, documents regarding tax and employment.
During the discovery phase, asbestos and other defendants could file procedural motions seeking to throw out a plaintiff’s case. These usually focus on technical issues, and are challenged by experienced attorneys in a timely fashion.
Once a trial date has been set, victims have to prove their injuries to a jury. This is a difficult task since mesothelioma as well as other asbestos-related illnesses are difficult to identify. The victims must show that their exposure to asbestos was the cause of the disease and that the illness was a direct result of the exposure.
Asbestos attorneys can present a compelling argument for their clients based on their extensive knowledge of this area of law. They are also able to negotiate directly with insurance companies and address defenses raised in the court by defendants. This will ensure that their clients get a fair settlement.
Many asbestos cases are classified as mass torts because they involve large groups of victims against multiple defendants. The Judicial Panel on Multidistrict Litigation amalgamated thousands of asbestos cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is currently pending in the Eastern District of Pennsylvania.
Class Action Lawsuits
In the United States, asbestos exposure is so widespread that a majority of people have been exposed to it at some time or another. It takes continuous and prolonged exposure to asbestos to trigger serious illnesses like mesothelioma. The latency period between exposure to asbestos and the diagnosis of mesothelioma may range from 10 to 60 years.
The asbestos industry has been implicated in a number of class action lawsuits. The most famous was Borel v. Fireboard Paper Products Corporation. This case established the strict liability of asbestos producers. In the early cases families sought compensation for a deceased loved one from firms that made asbestos-based items.
Asbestos is one of the fibrous minerals which are found in the natural environment. Asbestos is resistant to fire, heat, and corrosion, was a common building material in the 1920s and into the 1960s. It is also durable and inexpensive. Asbestos is used in many construction projects. It was sprayed on fire and sound insulation flooring tiles, ceiling tiles, roofing and siding shingles and pipe coatings.
Asbestos is an extremely carcinogen that can cause asbestosis, mesothelioma, and lung cancer. These diseases can be caused by breathing asbestos fibers in tiny amounts, which can get into the lungs and remain for a long time which can cause inflammation and scarring and eventually leading to cancerous tumors.
Asbestos can be released into the air if asbestos legal-containing substances are disturbed. This can occur in commercial, residential, asbestos and military structures 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 material that has been contaminated.
In some cases families of mesothelioma victims have sought compensation from corporations that manufactured asbestos-based products in the belief that they were negligent in their product development and marketing practices. Mesothelioma is considered a terminal disease with 90% mortality, making it imperative that victims seek compensation. An experienced mesothelioma lawyer can assist victims and their loved relatives through the entire process of seeking compensation from negligent asbestos manufacturers.
Compensation
Many asbestos victims can claim compensation for medical bills as well as lost wages and suffering. The amount of compensation depends on a variety of factors, such as the severity of the patient’s condition or the period between exposure to asbestos and diagnosis.
People diagnosed with mesothelioma and other asbestos-related illnesses are typically eligible to receive significant financial compensation. Asbestos lawyers can help determine the eligibility to receive compensation. They may review the medical records of a patient as well as the work history and locations where they worked. They can then use information from thousands of work sites and asbestos products to determine the extent and the location where a person was exposed to asbestos.
After gathering the information, the lawyers will file a suit against a trust fund or asbestos manufacturer. This is generally done at the state level. The asbestos settlement is the most popular way to resolve mesothelioma claims. An asbestos lawyer can typically reach a settlement in 90 days.
When trying to negotiate an asbestos settlement, lawyers consider the extent to which each client has been affected by their condition and what the total cost of care will be. They evaluate a broad range of costs, ranging from transportation to home health aids, as well as complementary therapies. They also take into account the amount a person has lost in income and other personal assets.
It takes 10-50 years for symptoms to show up So, the majority of patients diagnosed with mesothelioma are in their 70s. Asbestos-related diseases also affect people in their 40s or 50s. Asbestos sufferers may be able to recover compensation from the companies who exposed asbestos or asbestos trust funds and even insurance companies that have taken over the liability of asbestos manufacturers.
Treatment of asbestos-related ailments and mesothelioma can be costly. It can also be a very lonely experience for people who are affected. An experienced mesothelioma lawyer will ensure that every victim receives the full amount they are entitled to. In some cases, compensation can reach millions of dollars. Asbestos victims families whose loved ones have passed away from mesothelioma, or another asbestos-related disease, may file a wrongful death suit against the person responsible.