What is an Asbestos Lawsuit?
An asbestos lawsuit can be a way for a victim or family members to obtain compensation from the company responsible for their exposure. Compensation can take the form of a verdict by a jury or settlement.
An experienced mesothelioma lawyer can assist you in determining the most appropriate type of lawsuit for your case. The process begins by the filing of a complaint. The defendants have a limited time to respond.
Mesothelioma
Mesothelioma, a form of cancer, affects the tissue layer that covers the majority of the internal organs of the body. It is caused by exposure to asbestos. The disease is most commonly present in the lungs however, it can also affect the stomach lining, the heart and testicles (peritoneal mesothelioma of the pleural). The condition is not common, but it can be is often fatal and aggressive.
Most people with mesothelioma ingested
asbestos case dust at work. The disease can take decades to develop and symptoms might not be apparent for a long time. In most cases, the first symptom is breathlessness or chest pain. Mesothelioma cannot be cured however there are treatment options to ease symptoms and prolong the life.
Mesothelioma can be diagnosed based on the medical history of a patient as well as physical examination and laboratory tests. It is essential to inform your doctor about any asbestos-related exposure history, as it can increase your risk of developing mesothelioma.
Symptoms of mesothelioma are not very specific and can be misinterpreted as other illnesses. Early signs include shortness of breath, chest pain and dry cough. These symptoms are similar to those experienced with lung diseases like bronchitis or pneumonia. This makes mesothelioma difficult to diagnose. Many patients are not diagnosed until advanced stages of the disease when it is more difficult to treat.
Scientists have identified a variety of elements that contribute to the formation of mesothelioma. The exposure to asbestos is the most widely known factor. Other contaminants in the environment, such as arsenic, cadmium and arsenic, can cause this illness too.
Malignant mesothelioma can be classified into three kinds based on the types of cells affected. Pleural mesothelioma is the most commonly encountered form of disease. It occurs in the the chest cavity and the lungs (pleura). Peritoneal mesothelioma is a lesser-known condition but it is still serious. It is located in the interior (peritoneum) of the stomach. Testicular mesothelioma occurs in a very limited number of cases and can be found in the testicles.
Researchers continue to research the link between asbestos exposure and Mesothelioma. There is evidence that suggests that genetic mutations can influence the risk of developing mesothelioma. Clinical trials to test drugs that target these mutations are ongoing.
Asbestos Litigation
Asbestos-related diseases can cause financial hardship to victims. Asbestos suits aid victims in receiving the compensation they need to pay their bills and restore their standard of living. The first step in an
asbestos lawsuit is gathering evidence and identifying key defendants. This involves looking over the history of a victim's employment and determining the way in which asbestos-related products caused their illness. A victim's team will then file mesothelioma suits against the responsible companies.
The discovery process is the next step in an asbestos lawsuit. This includes interviewing coworkers as well as analysing asbestos dust samples, and reviewing the medical records of the victim as well as laboratory tests. Once a database of vendors, employers, and products is built and maintained, it can be used to identify potential defendants. This could take years, depending on the victim's employment history, and involves interviewing colleagues, relatives and abatement workers, as well as reviewing a variety of records such as Social Security, tax, union and employer documents.
During the discovery stage, asbestos and other defendants might submit procedural motions to disqualify a plaintiff's case. These usually focus on technical issues, and are litigated by experienced attorneys quickly.
Once a trial date has been set, the plaintiffs will need to prove their injuries before the jury. This can be a difficult task due to the fact that mesothelioma and other asbestos-related illnesses are difficult to diagnose. The victims must show that their exposure to asbestos caused the illness, and that the disease was a direct result of the exposure.
Asbestos lawyers can provide an argument that is convincing for their clients based on their vast 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 receive a fair settlement.
Many
asbestos attorney cases are called mass torts since they involve large numbers of injured victims 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. The litigation is currently in progress in the Eastern District of Pennsylvania.
Class Action Lawsuits
Asbestos exposure is so common in the United States that most people have come into contact with it at some point or another. It requires repeated and prolonged exposure to asbestos for severe diseases like mesothelioma develop. The time between initial exposure and diagnosis of mesothelioma can vary from 10 to 60 years.
The asbestos industry is implicated in a number of class action lawsuits. The most well-known case was Borel v. Fireboard Paper Products Corporation. This case established a strict liability for asbestos producers. In the beginning, families demanded compensation from companies which produced asbestos-based products for the death of loved ones.
Asbestos is a fibrous minerals that are found in nature. Asbestos was a sought-after building material in the 1920s, and into the 1960s because it is heat, fire, and corrosion resistant. It is also durable and affordable. 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 coating.
Unfortunately asbestos has been proven to be a potent carcinogen that has the potential of inducing mesothelioma as well as lung cancer, and asbestosis. These illnesses result from asbestos fibers that can enter the lungs for a long period of time, causing inflammation and scarring.
In certain situations asbestos can be released into the air when asbestos-containing materials are disturbed. This can occur in commercial, military and residential buildings as well as on bridges, highways, and ships. Asbestos removal is managed by the Environmental Protection Agency, which includes guidelines that address proper handling, disposal, and testing of contaminated materials.
In a few cases, families of patients with mesothelioma have sought compensation from companies that manufacture asbestos-based products. They claim that these corporations were negligent in their product development and marketing. Mesothelioma is considered a terminal disease with 90% mortality, making it imperative that victims seek compensation. A mesothelioma lawyer will guide victims, their families and loved ones through the process of suing negligent asbestos manufacturers.
Compensation
Many asbestos victims can receive compensation for medical bills along with lost wages and pain and suffering. The amount of compensation awarded depends on a variety of factors such as the severity of the victim's illness or the period between exposure to asbestos and the diagnosis.
