What is an Asbestos Lawsuit?
An asbestos lawsuit can be a way for a victim or family members to receive compensation from the companies that caused their exposure. Compensation could take the form of a jury verdict or settlement.
An experienced mesothelioma attorney can determine which type of lawsuit is best for your situation. The process begins by filing a complaint. Defendants have a limited period of time to respond.
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 cause. The condition is most often seen in the lungs (pleural mesothelioma) however it can be found in the stomach the lining (peritoneal mesothelioma) as well as the heart and testicles. The condition is not common but it is a serious condition and, in most cases, fatal.
Most people with mesothelioma inhaled asbestos dust at work. It takes decades for the disease to manifest and 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 can't be treated however there are treatment options to relieve symptoms and extend the life.
A patient can be diagnosed with mesothelioma through medical history, physical examination, and laboratory tests. It is important to discuss any past exposure to asbestos with a physician since it may increase the chance of developing the disease.
The symptoms of mesothelioma aren't very specific and can be mistaken for other diseases. Early signs include chest pain, a shortness of breathe, and a dry cough. These symptoms are similar to those experienced with lung diseases like bronchitis or pneumonia. This makes mesothelioma very difficult to recognize. Most 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 the most well-known cause. Other contaminants in the environment, such as arsenic and cadmium can also cause this disease.
The three malignant types of mesothelioma can be distinguished based on the cells are affected. Pleural mesothelioma is the most frequent type of disease is the most prevalent. It occurs in the the chest cavity and lungs (pleura). Peritoneal mesothelioma occurs less frequently but it is still serious. It is located in the inside (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles.
Researchers continue to investigate the connection between asbestos exposure and Mesothelioma. Some evidence suggests that mutations in genes can affect the likelihood of developing the disease. Clinical trials testing medicines that target these mutations are ongoing.
Asbestos Litigation
In addition to the physical suffering associated with asbestos-related illnesses victims also face financial hardship due to loss of income. Asbestos suits aid victims in receiving the compensation they need to offset their expenses and restore their quality of life. The first step of an
asbestos lawyer lawsuit is obtaining evidence and identifying the main defendants. This involves reviewing the victim's past work history and determining whether asbestos-related products caused their illness. A victim's team of trial lawyers will then bring a mesothelioma lawsuit against the responsible companies and manufacturers.
The discovery phase is the next step in an asbestos lawsuit. This involves interviewing co-workers and analyzing asbestos dust samples and reviewing the medical records of the victim and laboratory tests. Once a complete database of employers, vendors, and products is created, possible defendants can be identified. It can take many years to complete this process according to how long the victim has worked. This involves interviewing family members, coworkers Abatement workers, and reviewing various records, including Social Security, union, tax and employer documents.
During the discovery phase, asbestos and other defendants can bring procedural motions for dismissal of the plaintiff's claims. They typically focus on technical issues, and are contested by experienced attorneys quickly.
After a trial date is set, victims have to prove their injuries before a jury. This is a tough task because mesothelioma, and other asbestos-related diseases are difficult to determine. The patient must show that the exposure to asbestos was the cause of the disease and was a direct result.
Asbestos settlement lawyers can provide a compelling argument for their clients based on their extensive experience in this particular area of law. They can also negotiate directly with insurance companies, and address defenses raised in court by defendants. This will ensure that their clients receive an equitable settlement.
Mass torts are commonly used to describe asbestos cases because they involve large amounts of victims who are harmed by 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 widespread in the United States that most people have come in contact with it at some point or another time. It takes repeated, long-term exposure to asbestos for severe diseases like mesothelioma develop. The latency period between initial exposure and diagnosis of mesothelioma can range from 10 to 60 years.
The asbestos industry has been involved in a number of class action lawsuits. The most famous case was Borel v. Fireboard Paper Products Corporation. This case established the strict liability of asbestos producers. In the beginning families demanded compensation for a dead loved one from the companies that produced asbestos-based products.
Asbestos is composed of fibrous minerals that are found in nature. Asbestos, which is resistant to fire, heat, and corrosion, was a very popular building material in the 1920s, and even into the 1960s. It's also strong and inexpensive. Asbestos is used in various construction projects. It was sprayed on fire and sound insulation flooring tiles, ceiling tiles roofing and siding shingles, and pipe coating.
Unfortunately, asbestos has been found to be a powerful carcinogen capable of creating mesothelioma, lung cancer, and asbestosis. These diseases result from
asbestos law fibers that enter the lungs for an extended period of time and cause inflammation and scarring.
In certain instances asbestos can release into the air when asbestos-containing materials are disturbed. This can happen in commercial, residential and military structures and also in highways that are contaminated and bridges. Asbestos removal regulations are enforced by the Environmental Protection Agency, which has guidelines on the proper handling, disposal and testing of contaminated materials.
In some cases, the families of victims of mesothelioma have sought compensation from companies which manufacture asbestos-based products. They claim that the companies were negligent with their product development and marketing. Mesothelioma has a 90% mortality rate, which makes it an incurable disease. It is crucial that victims seek compensation. A mesothelioma lawyer is able to guide victims family members and loved ones through the process suing negligent asbestos manufacturers.
Compensation
Many asbestos victims can claim compensation for medical expenses or lost wages as well as suffering. The amount of compensation offered is according to a variety of factors, including the degree of disease and the amount of time between exposure and diagnosis.