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What is an Asbestos Lawsuit? An asbestos lawsuit can be a way for the victim or their family to receive compensation from the companies that caused their exposure. Compensation could take the form of a verdict by a jury or settlement. A mesothelioma lawyer who has experience can help you choose the best type of lawsuit to suit your situation. The process begins with the filing of an initial complaint. The defendants have a finite amount of time to respond. Mesothelioma Mesothelioma, a form of cancer, affects the tissue layer that covers most of the internal organs of the body. It is caused by exposure to asbestos. The disease usually manifests in the lung (pleural mesothelioma) but it can also be found in the stomach the lining (peritoneal mesothelioma), the heart, and testicles. The condition is uncommon but is often fatal and aggressive. Most people with mesothelioma breathed asbestos dust while at work. The disease can take years to develop and symptoms might not manifest for several years. In most cases, the initial symptom is breathlessness or chest pain. Mesothelioma cannot be cured however, there are treatments to alleviate symptoms and prolong the life of. Mesothelioma is diagnosed based on a patient's medical history as well as physical examination and laboratory tests. It is crucial to inform your doctor about any asbestos exposure background, as it can increase the likelihood of developing mesothelioma. The symptoms of mesothelioma aren't necessarily specific and could be mistaken for other diseases. Early symptoms include chest pain, a shortness of breathe, and a dry cough. These symptoms are similar to those that are associated with lung diseases such as bronchitis or pneumonia. This makes mesothelioma difficult to recognize. Many patients are diagnosed in the latter stages, when the disease is more difficult to diagnose. Scientists have identified a number of causes that could contribute to the development mesothelioma. The exposure to asbestos is the most widely known factor. However, other environmental pollutants such as arsenic and cadmium may also cause the disease. Malignant mesothelioma is divided into three types based on the cells affected. Pleural mesothelioma is the most common type of the disease is the most common. It affects the chest cavity's lining (pleura) and lungs. Peritoneal mesothelioma is a lesser-known condition however it is still very serious. It occurs in the lining of the stomach (peritoneum). Testicular mesothelioma can be found in very few cases and occurs in the testicles. Researchers are continuing to study the connection between asbestos exposure and mesothelioma. There is evidence that suggests that genetic mutations can influence the probability of developing mesothelioma. In ongoing clinical trials, researchers are testing the effects of drugs targeting gene mutations. Asbestos Litigation In addition to the physical and mental suffering as a result of asbestos-related diseases the victims are often faced with financial hardship due to loss of income. Asbestos lawsuits allow victims to recover the amount they require to offset these expenses and restore their standard of living. The first step in an asbestos lawsuit is gathering evidence and identifying the defendants. This involves examining the work history of the victim and determining what asbestos-related substances caused their illness. A victim's team will then file mesothelioma suits against the responsible firms. The discovery phase is the next one in an asbestos lawsuit. This involves interviewing co-workers as well as studying asbestos dust samples and reviewing the medical records of the victims and laboratory tests. Once the database of employers, vendors and products is created it can be used to find potential defendants. It can take many years to complete this process depending on how long the victim has worked. This includes interviewing family members, coworkers, abatement workers, and reviewing various records, such as Social Security, union, tax and employer records. During the discovery stage, asbestos and other defendants are able to present procedural motions to dismiss the plaintiff's claim. They usually revolve around technical issues, and are contested by skilled attorneys in a timely manner. After a trial date is set, victims have to prove their injuries before the jury. This is a tough task due to the fact that mesothelioma and other asbestos-related diseases are difficult to diagnose. The victims must demonstrate that their exposure asbestos caused the disease, and that the disease was a direct consequence of the exposure. Asbestos lawyers can present a convincing argument for their clients based on their vast knowledge of this area of law. They can also directly negotiate with insurance companies and deal with the defenses made in court by defendants. This will ensure that their clients get a fair settlement. Mass torts are frequently used to describe asbestos cases, because they involve large groups injured against multiple defendants. The Judicial Panel on Multidistrict Litigation has combined thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. This litigation is currently pending in the Eastern District of Pennsylvania. Class Action Lawsuits In the United States, asbestos exposure is so widespread that a majority of people have been exposed to it at some point. It takes repeated, long-term exposure to asbestos for severe diseases like mesothelioma or lupus to develop. The latency period between exposure to asbestos and the diagnosis of mesothelioma can vary between 10 and 60 years. The asbestos industry is implicated in several class action lawsuits. The most well-known case was that of Borel v. Fireboard Paper Products Corporation which established the precedent of strict liability for asbestos producers. In the early cases, families were seeking compensation for the death of a loved one from the companies that made asbestos-based products. Asbestos is a group of fibrous minerals that are found in the natural environment. Asbestos was an extremely popular building material in the 1920s and throughout the 1960s due to its heat, fire, and corrosion resistant. It's also strong, and cheap. Asbestos has been used in a variety of different construction projects, including applied to fire and sound insulation, pipe coating floor tiles, ceiling tiles, and roofing and siding shingles. Asbestos is a carcinogen that is capable of causing asbestosis, mesothelioma and lung cancer. These illnesses are caused by asbestos fibers that enter the lungs for a prolonged period of time and cause inflammation and scarring. In certain instances asbestos can release into the air when asbestos-containing materials are disturbed. This can occur in military, commercial, and residential buildings, and also in contaminated highways, bridges, and even ships. The Environmental Protection Agency regulates asbestos removal, including guidelines on proper handling, disposal and testing of asbestos-contaminated material. In some cases, family members of mesothelioma victims have sought compensation from the corporations that made asbestos-based items, claiming that these companies were negligent in their marketing and product development practices. Mesothelioma has a 90percent mortality rate and is an incurable disease. It is important that victims seek compensation. An experienced mesothelioma attorney can help victims and their family relatives through the entire process of seeking compensation from negligent asbestos producers. Compensation Many asbestos victims are entitled to compensation for a range of expenses that include medical bills, lost wages and suffering. The amount of compensation is determined dependent on a variety of factors that include the severity of each victim's disease and the amount of time between exposure and diagnosis. Anyone diagnosed with mesothelioma, or other asbestos-related illnesses are typically eligible to receive substantial financial awards. Asbestos attorneys can help determine the eligibility of compensation. They can look over the medical records of a patient, work history and the locations where they worked. They may then utilize information on thousands of work sites and asbestos products to determine if and the location where a person was exposed to asbestos. After obtaining this information the lawyers will file a lawsuit against a trust fund or asbestos manufacturer. This usually happens at the state level. The majority of mesothelioma cases are being resolved by an asbestos settlement, rather than a trial. An asbestos lawyer will typically reach a settlement within 90 days. Attorneys take into account the total cost of treatment and the amount that each client will suffer from their asbestos-related illness when negotiating an agreement. They take into consideration a range of costs that range from transportation expenses to home health aides and complementary therapies. They also consider how much a person has lost in income and other personal assets. high point asbestos attorney of people are diagnosed with Mesothelioma by their 70s. Asbestos-related diseases also affect victims who are in their 40s and 50s. Asbestos victims might be able to seek compensation from companies who exposed asbestos to the public, asbestos trust funds, and even insurance companies that have taken over the liability of asbestos manufacturers. Treatment of asbestos-related illnesses and mesothelioma is costly. It can be a very lonely experience for those who suffer. A top mesothelioma lawyer can assist in ensuring that each victim receives all the compensation they are entitled to. In certain cases, compensation can reach millions of dollars. Asbestos victims of loved ones who died from mesothelioma or another asbestos-related disease, may bring a wrongful death lawsuit against the responsible party.