What is an Asbestos Lawsuit?
An asbestos lawsuit is a means for a victim or family members to obtain compensation from the company responsible for their exposure. Compensation could take the form a jury verdict or settlement.
An experienced mesothelioma law firm can determine which type of lawsuit is best for your situation. The process begins with the filing of an initial complaint. Defendants have a limited amount of time to respond.
Mesothelioma
Mesothelioma is a form of cancer that affects the thin layer of tissue that covers the majority organs in the organs in the body's interior. Exposure to asbestos can trigger the disease. The disease is most commonly found in the lungs however, it can also affect the stomach lining, the heart and testicles (peritoneal mesothelioma, also known as pleural). The condition is rare but aggressive and usually fatal.
Most people who suffer from mesothelioma ingested asbestos dust at work. The disease can take decades to be diagnosed and symptoms may not be apparent for a long time. In the majority of cases, chest pain or breathing problems are the first symptoms. Mesothelioma can't be treated but there are therapies that can ease symptoms and prolong the duration of life.
Mesothelioma can be diagnosed on a patient's medical history along with physical examination and laboratory tests. It is crucial to discuss any history of exposure to asbestos with a doctor as it could increase the risk of developing the disease.
The symptoms of mesothelioma can be necessarily specific and could be misinterpreted as other illnesses. Early signs include chest pain, shortness of breath, and a dry cough. These symptoms are similar to those associated with lung disorders such as pneumonia or bronchitis. This makes mesothelioma very difficult to identify. Many patients are not diagnosed until advanced stages of the disease, when it becomes more difficult to treat.
Scientists have identified a variety of factors that cause mesothelioma to develop. Exposure to asbestos is the most well-known factor. Other environmental pollutants, like arsenic, cadmium and arsenic, can be a cause of this disease too.
The three malignant types of mesothelioma depend on the type of cells are affected. Pleural mesothelioma, which is the most prevalent type of disease is the most common. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal Mesothelioma, although less common, is still very serious. It is found in the lining of the stomach (peritoneum). Testicular mesothelioma occurs in a very limited number of cases and can be found in the testicles.
Researchers continue to investigate the connection between asbestos exposure and Mesothelioma. There is evidence that suggests that gene mutations may influence the probability of developing mesothelioma. Clinical trials testing drugs that target these mutations are ongoing.
Asbestos Litigation
Asbestos-related ailments can cause financial hardship to victims. Asbestos suits assist victims in getting the money they need to pay for their expenses and restore their standard of living. The first step in a asbestos lawsuit is gathering evidence and identifying the defendants. This involves reviewing the victim's past work history and determining whether asbestos-related materials caused their illness. The victim's trial team will then make a mesothelioma claim against the responsible companies and manufacturers.
The discovery phase is the next step in a lawsuit involving asbestos. This includes interviewing coworkers as well as analysing asbestos dust samples, and examining the medical records of the victims and laboratory tests. Once a comprehensive database of employers, products and vendors is created, possible defendants can be identified. It could take a long time to complete this process depending on the length of time that the victim has been employed. This includes interviewing family members, coworkers as well as abatement workers and going through various records, including Social Security, union, tax and employer documents.
During the discovery phase, asbestos and other defendants are able to present procedural motions to dismiss the plaintiff's case. These motions usually are focused on technical issues and are challenged by experienced lawyers.
After a trial date has been scheduled, victims must prove their injuries before an audience of jurors. This can be a challenging task because mesothelioma, and other asbestos-related illnesses are difficult to identify. The victims must show that their exposure to asbestos caused the illness, and that the illness was the direct result of that exposure.
Asbestos trial attorneys can create an argument that is persuasive for their clients by drawing upon their vast experience in this area of law. They can also bargain with insurance companies and take proactive steps to address the defenses posed by defendants to ensure that their client receives a fair settlement offer.
Many asbestos cases are called mass torts because they involve large numbers of injured individuals against multiple defendants. The Judicial Panel on Multidistrict Litigation has combined 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
In the United States, asbestos exposure is so widespread that nearly all people have been exposed to it at some point. But it is only repeated and prolonged exposure to asbestos for it to cause mesothelioma-related illnesses that are serious. The time between initial exposure until diagnosis of mesothelioma can range between 10 to 60 years.
The asbestos industry has been involved in numerous 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 firms that made asbestos-based items.
Asbestos is a fibrous minerals that are found in nature. Asbestos was a sought-after building material during the 1920s and into the 1960s because it is heat, fire and corrosion-resistant. It is also durable and affordable. Asbestos has been used in a variety of construction projects. It was sprayed on fire and sound insulation flooring tiles, ceiling tile, roofing and siding shingles, and pipe coating.
Unfortunately, asbestos has been found to be a powerful carcinogen that has the potential of inducing mesothelioma as well as asbestosis, and lung cancer. These diseases can be caused by breathing asbestos fibers which can get into the lungs and remain there for a long time and cause inflammation and scarring and eventually causing cancerous tumors.
In some cases asbestos can release into the air when asbestos-containing materials are disturbed. This can occur in commercial, residential and military structures as well as in contaminated highways and bridges. Asbestos removal is managed by the Environmental Protection Agency, which provides guidelines for the proper disposal, handling and testing of contaminated materials.
In some instances, the families of victims of mesothelioma have sought compensation from companies who manufacture asbestos-based items. They claim that these firms were negligent in their product development and marketing. Mesothelioma has a 90% mortality rate and is a terminal disease. It is crucial that victims seek compensation. An experienced mesothelioma attorney can help victims and their loved relatives through the entire process of seeking compensation from negligent asbestos manufacturers.
Compensation
Many asbestos victims are eligible for compensation for medical bills, lost wages, and suffering. The amount of compensation varies on many factors, including the severity of the victim's illness or the time between exposure to asbestos and the diagnosis.
Those diagnosed with mesothelioma or other asbestos-related disorders are often qualified to receive large financial rewards. Asbestos lawyers can help determine the eligibility for compensation. They can look over a patient's medical records, work history and the areas where they worked. They can then analyze information from thousands of asbestos-related sites and products to determine how and where a person was exposed to asbestos.
After gathering this information, the lawyers will file a suit against a trust fund or asbestos manufacturer. This usually takes place at the state level. The asbestos settlement is the most commonly used way to resolve mesothelioma claims. midland asbestos attorneys who specializes in asbestos is able to negotiate an agreement with a client within 90 days.
When negotiating an asbestos settlement, attorneys take into consideration how much each person has been affected by their condition and what the total cost of care will be. They take into account various costs including transportation costs to home health aides and complementary therapies. They also weigh in how much a person has lost in income and other personal assets.
It takes between 10 and 20 years before symptoms begin to manifest So, the majority of patients are diagnosed with mesothelioma by their 70s. However, victims in their 40s or 50s can also suffer from asbestos-related illnesses. Asbestos victims may be able recover compensation from companies who exposed asbestos to the public and asbestos trust funds and even insurance companies who have assumed the liability of asbestos producers.
Mesothelioma and other asbestos-related ailments can be expensive to treat. It can also be a lonely experience for those afflicted. A top mesothelioma attorney can ensure that every victim receives the maximum amount of compensation they deserve. In certain cases, the amount received is in the thousands of dollars. Asbestos victims who have lost a loved family member to mesothelioma and/or another asbestos-related disease may also pursue a wrongful death lawsuit against the responsible party.