What is an Asbestos Lawsuit?
An asbestos lawsuit is a means for a victim or their family members to get compensation from the companies that caused their exposure. Compensation can take the form a jury verdict, settlement or a settlement.
A mesothelioma lawyer who has experience can help you determine the best type of lawsuit for your case. The process starts with the filing of an initial complaint. The defendants have a finite time frame to respond.
Mesothelioma
Mesothelioma is a kind of cancer that affects the thin layer of tissue that covers many organs in the body's internal organs. It is caused by exposure to asbestos. The disease is usually located in the lungs, but it can also affect the stomach lining, heart and testicles (peritoneal mesothelioma, also known as pleural). The condition is uncommon but it is a serious condition and can be fatal.
Most people with mesothelioma have worked in jobs where they inhaled asbestos dust. It can take decades for the cancer to develop and symptoms can not show up until years after exposure. In most instances, chest pain or breathlessness are the first symptoms. Mesothelioma cannot be cured however there are treatment options to alleviate symptoms and prolong the life span.
A patient may be diagnosed with mesothelioma on the basis of medical history, physical examination and laboratory tests. It is crucial to discuss any history of exposure to asbestos with a doctor in order to reduce the chance of developing the disease.
Symptoms of mesothelioma are not necessarily specific and could be confused with other illnesses. Early symptoms include shortness of breath, chest pain and dry cough. These are similar to the symptoms of lung conditions, such as pneumonia and bronchitis. This makes it difficult to recognize mesothelioma. Many patients are not diagnosed until later stages of the disease when it becomes more difficult to treat.
Scientists have identified many contributing factors to the development of mesothelioma. The most prominent factor is exposure to asbestos. However other environmental pollutants like cadmium and arsenic can also cause the disease.
Malignant mesothelioma is classified into three types based on the cells affected. Pleural mesothelioma is by far the most prevalent form of the disease. It is found in the the chest cavity and the lungs (pleura). Peritoneal Mesothelioma though not as common, is extremely serious. It is located in the inside (peritoneum) of the stomach. Testicular mesothelioma is extremely rare and can be found in the testicles.
Researchers are continuing to study the connection between asbestos exposure and mesothelioma. There is evidence that suggests that gene mutations could influence the chance of developing mesothelioma. Clinical trials to test drugs that target these gene mutations are ongoing.
Asbestos Litigation
In addition to the physical pain as a result of asbestos-related diseases patients often experience financial hardship as a result of the loss of income. Asbestos lawsuits help victims recover the compensation they require to offset these expenses and improve their standard of living. The first step in an asbestos lawsuit involves gathering evidence and identifying key defendants. This involves reviewing the victim's past work history and determining if asbestos-related substances were responsible for their illness. A victim's team of trial lawyers will then file a mesothelioma lawsuit against the responsible manufacturers and companies.
The next stage of an asbestos lawsuit is the discovery process. Interviewing co-workers and analyzing asbestos dust samples, as well as reviewing victim's medical records or laboratory tests are all involved in the process of discovery. Once a comprehensive database of employers, products and vendors is compiled, potential defendants are identified. This could take several years depending on the victim's work background, and includes interviewing family members, co-workers, abatement workers and reviewing various documents, including Social Security, tax, union and employer records.
During the discovery stage, asbestos and other defendants are able to present procedural motions to dismiss the plaintiff's claim. These motions typically are made based on technical issues, and are opposed by experienced lawyers.
If a trial date is been set, the plaintiffs will have to show their injuries to an audience of jurors. This can be a challenging job, as mesothelioma along with other asbestos-related diseases are difficult to diagnose and can have a long latency period. The victim must be able establish that exposure to asbestos caused the illness and that it was a direct consequence.
Asbestos trial lawyers can build an impressive case for their clients based on their years of experience in this field of law. They can also directly negotiate with insurance companies, and address defenses raised in court by defendants. This will ensure that their clients get a fair settlement.
Mass torts are typically used to describe asbestos cases, because they involve large numbers of victims who are harmed by 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 ongoing in the Eastern District of Pennsylvania.
Class Action Lawsuits
In the United States, asbestos exposure is so widespread that most people have been exposed to it at some point. However, it takes repeated and prolonged exposure to asbestos to cause serious illnesses like mesothelioma. The time between the initial exposure to the diagnosis of mesothelioma could be between 10 and 60 years.
orem asbestos attorney has been involved in a number of class action lawsuits. The most famous case was Borel v. Fireboard Paper Products Corporation. This case established strict liability for asbestos producers. In the beginning, families demanded compensation for a dead loved one from the companies that produced asbestos-based products.
Asbestos is a fibrous minerals that are found in nature. Asbestos was a popular building material in the 1920s and into the 1960s because of its fire, heat and corrosion-resistant. It's also durable and inexpensive. Asbestos is used in various construction projects. It was sprayed onto the sound and fire insulation, floor tiles, ceiling tiles roofing and siding shingles and pipe coatings.
Unfortunately asbestos has been discovered to be a powerful carcinogen that is capable of producing mesothelioma and asbestosis, and lung cancer. These diseases can be caused by breathing asbestos fibers that are tiny, which can infiltrate the lungs and remain in the lungs for a prolonged period leading to inflammation and scarring and eventually leading to cancerous tumors.
Asbestos can be released into the air if asbestos-containing materials are disturbed. This can occur in residential, commercial, and military buildings and also in highways that are contaminated and bridges. Asbestos removal is managed by the Environmental Protection Agency, which includes guidelines that govern the correct disposal, handling, and testing of materials that are contaminated.
In a few cases, relatives of those who have been affected by mesothelioma have sought compensation from corporations which manufacture asbestos-based products. They claim that the firms were negligent in their product development and marketing. Mesothelioma is a fatal illness with 90% mortality and it is therefore essential that patients seek compensation. A mesothelioma lawyer can guide victims along with their families and loved relatives through the process of taking action against negligent asbestos manufacturers.
Compensation
Many asbestos victims are entitled to compensation for a wide range of expenses that include medical bills, lost wages and pain and suffering. The amount of compensation varies according to a variety factors that include the severity of each individual's illness and the length of time between exposure and diagnosis.
Many people who are diagnosed with mesothelioma, asbestos-related illnesses can receive significant financial compensation. Asbestos lawyers can help determine eligibility for compensation. They can look over the medical history of the patient, work history, and locations where they have worked. They may use information from thousands of asbestos-related products and job sites to determine if and how a person was affected by asbestos.
After gathering the information, the lawyers will file a suit against the trust fund or asbestos manufacturer. This usually happens at the state level. The asbestos settlement is the most common method of settling mesothelioma claims. An asbestos lawyer is able to reach a settlement in 90 days.
Attorneys evaluate the total cost of care and how much each patient will suffer from asbestos-related disease when trying to negotiate a settlement. They consider the various costs involved such as transportation costs, assistance at home and complementary therapies. They also consider how much income and other assets the victim lost.
It takes between 10 and 20 years before symptoms begin to manifest, so most patients diagnosed with mesothelioma are in their 70s. However, patients in their 40s and 50s could also suffer from asbestos-related diseases. Asbestos sufferers can claim compensation from the companies that exposed them to the toxic substance or asbestos trust funds, and even from insurance companies that have taken over responsibility for asbestos manufacturers.
Mesothelioma and other asbestos-related diseases can be costly to treat. It can also be a very lonely experience for those afflicted. A mesothelioma lawyer of the top quality can help ensure that each victim receives the compensation they are entitled to. In certain cases, the amount received is in the thousands of dollars. Asbestos victims families whose loved ones have passed away from mesothelioma or other asbestos-related illness, can make wrongful death claims against the person responsible.