What is an Asbestos Lawsuit?
An asbestos lawsuit is a method for a victim and their family members to obtain compensation from the company responsible for their exposure. Compensation may be in the form of a jury verdict or settlement.
A mesothelioma lawyer who is experienced can determine which type of lawsuit is best for your situation. The process starts with the filing of an initial complaint. The defendants have a finite time frame to respond.
Mesothelioma
Mesothelioma is a type of cancer, affects the tissue layer that covers the majority of the internal organs in the body. It is caused by exposure to asbestos. The condition is typically found in the lungs, but it can also affect the stomach lining, the heart, and testicles (peritoneal mesothelioma of the pleural). The condition is extremely rare however, it can be extremely aggressive and can be fatal.
Many people who suffer from mesothelioma been employed in jobs where they breathed asbestos dust. The disease can take decades to be diagnosed and symptoms may not manifest for several years. In the majority of instances, the first sign is a shortness of breath or chest pain. Mesothelioma cannot be treated however there are treatment options to alleviate symptoms and prolong the life.
A patient may be diagnosed with mesothelioma through medical history, physical examination and laboratory tests. It is important to discuss any history of exposure to asbestos with a physician, because it can increase the chance of developing the disease.
The symptoms of mesothelioma may not be necessarily specific and could be mistaken for other illnesses. Early signs include chest pain, shortness of breath, and dry cough. These symptoms are similar to those associated with lung conditions such as pneumonia or bronchitis. This makes mesothelioma very difficult to recognize. Most patients are diagnosed in the later stages, when the disease is more difficult to diagnose.
Scientists have identified a variety of factors that may cause mesothelioma to develop. The most common factor is exposure to asbestos. Other environmental pollutants, such as arsenic or cadmium, could also cause this disease.
The three forms of malignant mesothelioma can be distinguished based on the cells are affected. Pleural mesothelioma, the most prevalent form of the disease. It affects the lining of the chest cavity (pleura) and lungs. Peritoneal mesothelioma is less frequent but is still a serious condition. It is found in the stomach's lining (peritoneum). Testicular mesothelioma is extremely rare and is found in the testicles.
Researchers continue to investigate the relationship between mesothelioma and asbestos exposure. Some evidence suggests that mutations in genes can affect the likelihood of developing the disease. Clinical trials testing drugs that target these mutations are ongoing.
Asbestos Litigation
Asbestos-related illnesses can cause financial hardship for victims. Asbestos lawsuits can help victims receive the compensation they need to cover the costs and restore their life quality. The first step in an asbestos lawsuit is gathering evidence and identifying key defendants. This involves examining the work history of a victim and determining if asbestos-related products caused their illness. A victim's team of trial lawyers will then file a mesothelioma lawsuit against the responsible companies and manufacturers.
The next stage of an asbestos lawsuit is the discovery process. This involves interviewing co-workers and analysing asbestos dust samples, and examining the medical records of the victim and laboratory tests. Once the database of vendors, employers, and products is created, it can be used to find potential defendants. This could take years depending on the victim's employment history, and involves interviewing family members, co-workers or abatement workers, and examining several documents such as Social Security, tax, union and employer records.
During the discovery stage asbestos and other defendants may file procedural motions to dismiss a plaintiff's claim. These motions are typically based on technical issues and are opposed by experienced lawyers.
Once a trial date has been set, the plaintiffs will be required to prove their injuries before an audience of jurors. This can be a difficult task because mesothelioma as well as other asbestos-related diseases are difficult to identify and have a lengthy latency period. The victims must prove that exposure to asbestos caused the disease, and that the disease was the direct result of that exposure.
Asbestos attorneys can present a compelling argument for their clients based on their vast experience in this area of law. They can also bargain with insurance companies and address defenses that defendants raise to ensure that their client receives an equitable settlement offer.
Mass torts are commonly used to describe asbestos cases because they involve large numbers of injured against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of asbestos-related cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is currently pending in the Eastern District of Pennsylvania.
Class Action Lawsuits
Asbestos exposure is so widespread in the United States that most people have been exposed to it at some point or another. It requires repeated and prolonged exposure to asbestos for serious diseases like mesothelioma develop. The time period between exposure to asbestos and the diagnosis of mesothelioma can range from 10 to 60 years.
The asbestos industry is implicated in a number of class action lawsuits. The most famous was Borel v. Fireboard Paper Products Corporation. This case ruled that there was no strict liability for asbestos producers. In the beginning, families were seeking compensation from companies who made asbestos-based items for the death of loved ones.
Asbestos is an assortment of fibrous minerals that are found in the natural world. Asbestos, which is invulnerable to heat, fire and corrosion, was a common building material in the 1920s, and even into the 1960s. It's also durable and affordable. Asbestos was utilized in many different construction projects, including applied to fire and sound insulation pipe coating ceiling tiles, floor tiles, roofing and siding shingles.
Unfortunately asbestos has been discovered to be a powerful carcinogen that has the potential of inducing mesothelioma as well as asbestosis, and lung cancer. These illnesses can be caused by breathing in tiny asbestos fibers, which can enter the lungs and stay there for a long period of time and cause inflammation and scarring and eventually leading to cancerous tumors.
In certain instances asbestos can be released into the air when asbestos-containing materials are disturbed. This can happen in commercial, military, and residential buildings, as well as on contaminated highways, bridges, and even ships. Asbestos removal is regulated by the Environmental Protection Agency, which includes guidelines that govern the correct disposal, handling and testing of materials that are contaminated.
In some cases, families of victims of mesothelioma have sought compensation from companies that make asbestos-based products. They claim that these companies were negligent in their product development and marketing. Mesothelioma is a terminal illness with a 90 percent mortality rate and it is therefore essential that patients seek compensation. An experienced mesothelioma lawyer can guide victims and their loved relatives through the entire process of seeking compensation from negligent asbestos producers.
Compensation
Many asbestos victims are eligible for compensation for medical bills along with lost wages and suffering. The amount of compensation depends on a variety of factors including the severity of the patient's condition or the period between exposure to asbestos and diagnosis.
Many people who are diagnosed with mesothelioma and other asbestos-related illnesses can receive significant financial compensation. Asbestos lawyers can assist in determining eligibility for compensation. They can review the patient's medical history as well as work history as well as the places they have worked. They can then look up information on thousands of workplaces and asbestos products to determine when and which areas a person was exposed to asbestos.
After obtaining this information, lawyers will file a lawsuit against the trust fund or asbestos manufacturer. This usually happens at the state level. The asbestos settlement is the most popular method to settle mesothelioma cases. A lawyer who is specialized in asbestos can usually negotiate a settlement with a client within 90 days.
When negotiating an asbestos settlement, lawyers consider the extent to which each client has been affected by their condition and what the total cost of treatment will be. They consider a wide range of costs, from transportation to home health aids and complementary therapies. They also consider the amount of income and other assets that a victim was able to lose.
hammond asbestos lawsuit takes between 10 and 20 years for symptoms to show up and most patients are diagnosed with mesothelioma within their 70s. Asbestos-related diseases also affect victims in their 40s and 50s. Asbestos sufferers can claim compensation from the companies that exposed them to the toxic substance, from asbestos trust funds and from insurers that have taken over the responsibility of asbestos producers.
Treatment of asbestos-related illnesses and mesothelioma is costly. It can also be a lonely experience for those afflicted. A top mesothelioma lawyer can help ensure each victim receives the maximum amount of compensation they are entitled to. In some cases, the compensation paid is in the millions of dollars. Asbestos victims whose loved ones have died from mesothelioma or other asbestos-related illness, can make wrongful death claims against the responsible party.