What is an Asbestos Lawsuit?
A lawsuit against asbestos-related firms is a wonderful way to ensure that victims and their families to get compensation. The compensation could come in the form of a jury verdict or settlement.
An experienced mesothelioma law firm will be able to determine which lawsuit is best for your situation. The process starts with the filing of an initial complaint. The defendants have a short amount of time to reply.
Mesothelioma
Mesothelioma is a type of cancer, affects the tissue layer that covers the majority of the internal organs in the body. Exposure to asbestos is the cause. The disease is most commonly located in the lungs, but it can also affect the stomach lining, heart and
mesothelioma case testicles (peritoneal mesothelioma, also known as pleural). The condition is rare, but it is aggressive and can be fatal.
Most people with mesothelioma have been employed in positions where they breathed asbestos dust. It takes decades for the disease to manifest and symptoms can not appear for years after exposure. In most cases, chest pain or shortness of breath are the first symptoms. Mesothelioma cannot be cured however there are ways to ease symptoms and prolong the life.
Mesothelioma diagnosis is based on the medical history of a patient as well as physical examination and laboratory tests. It is essential to discuss any previous exposure to asbestos with your doctor, because it can increase the chance of developing the disease.
Symptoms of mesothelioma are not particularly specific and are often misinterpreted as other illnesses. Early symptoms include shortness of breath, chest pain and dry cough. These are similar to the symptoms of lung disorders, such as pneumonia and bronchitis. This makes it difficult to recognize mesothelioma. Many patients are diagnosed in the later stages, which means that the disease is more difficult.
Scientists have identified a number of factors that influence the development of mesothelioma. The most common factor is exposure to asbestos. Other pollutions in the environment, like arsenic, cadmium and arsenic, can cause this illness too.
Malignant mesothelioma is classified into three types based on the cells affected. Pleural mesothelioma which is the most common type of the disease, is the most prevalent. It is found in the lining of the chest cavity and the lungs (pleura). Peritoneal Mesothelioma though not as common, is very serious. It is found in the lining of the stomach (peritoneum). Testicular mesothelioma is extremely rare and occurs in the testicles.
Researchers continue to research the relationship between asbestos exposure and mesothelioma. Some evidence suggests that mutations in genes may influence a person's chances of developing the disease. In ongoing clinical trials, researchers are testing the effects of drugs targeting mutations in genes.
Asbestos Litigation
In addition to the physical suffering that is associated with asbestos-related illnesses, victims often face financial hardship due to loss of income. Asbestos lawsuits allow victims to recover the money they need to offset these expenses and improve their life quality. The first step of an asbestos lawsuit is to gather evidence and identifying the main defendants. This includes examining the history of work done by the victim and determining if asbestos-related substances caused their illness. The victim's team will bring mesothelioma lawsuits against the responsible companies.
The discovery phase is the next step in a asbestos lawsuit. This includes interviewing coworkers as well as analyzing asbestos dust samples and reviewing the medical records of the victim as well as laboratory tests. Once an inventory of vendors, employers, and products is built it can be used to find potential defendants. It could take a long time to complete this process, depending on how long the victim has worked. This includes interviewing family members, coworkers Abatement workers, and looking over various records including Social Security, union, tax and employer records.
During the discovery stage,
asbestos compensation and other defendants can make procedural motions to revoke the plaintiff's case. These motions are usually focused on technical issues and are opposed by experienced lawyers.
Once a trial date has been set, the victims must prove their injuries to a jury. This can be a daunting job, as
mesothelioma case along with other asbestos-related diseases are difficult to identify and can have a long latency period. The victim must be able prove that exposure to asbestos was the cause of the illness and that it was a direct result.
Asbestos lawyers can provide a convincing argument for their clients based on their vast experience in this particular area of law. They can also work directly with insurance companies and address defenses raised in the court by defendants. This will ensure that their clients receive a fair settlement.
Many asbestos cases are referred to as mass torts due to the fact that they involve large groups of injured people against multiple defendants. The Judicial Panel on Multidistrict Litigation has taken on thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. This litigation is currently ongoing 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 at some time or another. It takes long-term and repeated exposure to asbestos before it can cause serious diseases like mesothelioma. The latency period from the initial exposure to the diagnosis of mesothelioma might range between 10 and 60 years.
The asbestos industry has been implicated in numerous class action lawsuits. The most famous one was Borel v. Fireboard Paper Products Corporation. This case established a strict liability for asbestos producers. In the beginning families sought compensation for a deceased loved one from firms that made asbestos-based items.
Asbestos is composed of fibrous minerals found in nature. Asbestos was a popular building material during the 1920s and into the 1960s because it was heat, fire, and corrosion resistant. It's also strong and affordable. Asbestos has been used in a variety of construction projects. It was sprayed on the sound and fire insulation flooring tiles, ceiling tiles, roofing and siding shingles and pipe coatings.
Unfortunately asbestos has been proven to be a potent carcinogen that has the potential of creating mesothelioma, lung cancer, and asbestosis. These illnesses are caused by asbestos fibers that can enter the lungs for a prolonged period of time, causing inflammation and scarring.
In certain instances asbestos can be released 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 is controlled by the Environmental Protection Agency, which includes guidelines that address proper disposal, handling and testing of contaminated materials.
In a few cases, family members of mesothelioma victims have sought compensation from corporations that manufactured asbestos-based products with the claim that they were negligent in their product development and marketing practices. Mesothelioma is a fatal illness with a 90 percent mortality rate so it is imperative that patients seek compensation. A mesothelioma lawyer will guide victims family members and loved ones through the process of seeking compensation from negligent asbestos manufacturers.
Compensation
Many asbestos victims are entitled to compensation for a wide range of expenses which include medical bills lost wages, and suffering.