15 Things You Don't Know About Asbestos Litigation

What is an Asbestos Lawsuit?

An asbestos lawsuit is a way for a victim or family members to receive compensation from companies responsible for their exposure. Compensation could take the form of a verdict by a jury or settlement.

A reputable mesothelioma law firm can determine which type of lawsuit is appropriate for your particular situation. The process starts with the filing of a complaint. The defendants have a limited time to respond.

Mesothelioma

Mesothelioma is a type of cancer that affects the thin layer of tissue that covers a lot organs in the body's internal organs. It is caused by exposure to asbestos. The most common site of the disease is the lung (pleural mesothelioma) however it can occur in the stomach the lining (peritoneal mesothelioma), heart, and testicles. The condition is uncommon however it can be very serious and can be fatal.

The majority of people with mesothelioma breathed asbestos dust while at work. The disease can take years to be diagnosed and symptoms may not manifest for several years. In most cases, the first symptom is breathlessness or chest pain. Mesothelioma is not curable however there are ways to ease symptoms and prolong the life span.

A patient may be diagnosed with mesothelioma through medical history, physical examination, Asbestos Settlement and laboratory tests. It is important to discuss any past exposure to asbestos with a physician, Asbestos Settlement because it can increase the risk of developing the disease.

The symptoms of mesothelioma may be confused with 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 it difficult to recognize mesothelioma. Many patients are not diagnosed until the advanced stages of the disease when it is more difficult to treat.

Scientists have identified a variety of factors that contribute to the development of mesothelioma. The most prominent factor is exposure to asbestos. However, other environmental pollutants, such as arsenic and cadmium can cause the disease.

Malignant mesothelioma can be classified into three types based on the number of cells affected. Pleural mesothelioma is the most frequent form of the disease. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal mesothelioma is less common but still serious. It is found in the lining of the stomach (peritoneum). Testicular mesothelioma occurs in a very limited number of cases and is found in the testicles.

Researchers continue to study the relationship between asbestos exposure and mesothelioma. There is evidence that suggests that mutations in genes may influence a person's chances of developing the disease. Clinical trials to test the effectiveness of drugs that target these mutations are ongoing.

Asbestos Litigation

Asbestos-related illnesses can cause financial hardship to victims. Asbestos lawsuits help victims recover the money they need to offset these expenses and restore their quality of life. The first step of an asbestos lawsuit is to gather evidence and identifying the main defendants. This involves examining the work history of a victim and determining how asbestos-related products contributed to their condition. A victim's team of trial lawyers will then bring a mesothelioma lawsuit against the responsible companies and manufacturers.

The discovery phase is the next one of an asbestos lawsuit. This involves interviewing co-workers as well as studying asbestos dust samples and examining the victim's medical records and laboratory tests. Once a complete database of employers, vendors, and products is created, potential defendants are identified. This could take years, depending on the victim's work background, and includes interviewing family members, co-workers, abatement workers and reviewing a variety of documents that include Social Security, tax, union and employer records.

During the discovery phase, asbestos and other defendants can make procedural motions to revoke the plaintiff's case. These typically center on technical issues, and are challenged by experienced attorneys in a timely manner.

After a trial date has been set, the plaintiffs will have to prove their injuries before a jury. This is a tough task due to the fact that mesothelioma and other asbestos-related illnesses are difficult to identify. Victims must be able to prove that their exposure to asbestos caused the illness, and that the condition was a direct consequence of the exposure.

Asbestos attorneys can present a compelling argument for their clients based on their extensive experience in this field of law. They can also work directly with insurance companies and also address defenses brought in the court by defendants. This will ensure that their clients receive an equitable settlement.

Many asbestos cases are classified as mass torts since they involve large groups of injured victims against multiple defendants. The Judicial Panel on Multidistrict Litigation amalgamated thousands of asbestos 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 a majority of people have been exposed at some point. It takes repeated and long-term exposure to asbestos for severe illnesses such as mesothelioma to develop. The time period between the initial exposure and the diagnosis of mesothelioma can vary between 10 and 60 years.

The asbestos industry has been involved in numerous class action lawsuits. The most famous case was Borel v. Fireboard Paper Products Corporation. This case established the strict liability of asbestos producers. In the beginning, families demanded compensation from companies which produced asbestos-based products for the death of a loved one.

Asbestos is one of the fibrous minerals found in the natural environment. Asbestos, which is impervious to heat, fire and corrosion, was a very popular building material in the 1920s, and even into the 1960s. It's also durable and cost-effective. Asbestos was used in many different construction projects, such as spraying on fire and sound insulation, pipe coating, floor tiles, ceiling tiles, and roofing and siding shingles.

Unfortunately asbestos has been identified to be a powerful carcinogen capable of producing mesothelioma and asbestosis, and lung cancer. These illnesses result from asbestos fibers which can get into the lungs for a prolonged period of time and cause inflammation and scarring.

In certain instances asbestos can be released into the air when asbestos-containing materials are disturbed. This can occur in commercial, military, and residential buildings, and also in contaminated highways, bridges, and ships. Asbestos removal regulations are enforced by the Environmental Protection Agency, which includes guidelines that govern the correct handling, disposal, and testing of materials that are contaminated.

In certain cases, family members of mesothelioma patients have sought compensation from corporations that made asbestos-based items and claimed that the companies were negligent in their marketing and product development practices. Mesothelioma is a fatal illness with an estimated mortality rate of 90 percent so it is imperative that victims seek compensation. A mesothelioma lawyer can guide victims along with their families and loved family members through the process of suing negligent asbestos manufacturers.

Compensation

Many asbestos victims are entitled to compensation for a wide range of expenses, including medical bills, lost wages and pain and suffering. The amount of compensation offered is depending on a number of factors such as the severity of each victim's illness as well as the length of time between exposure and diagnosis.

Anyone diagnosed with mesothelioma, or other asbestos-related disorders are often eligible to receive large financial rewards. Asbestos lawyers can help determine compensation eligibility. They may review the medical records of a patient as well as the work history and places they worked. They may then utilize information on thousands of asbestos-related sites and products to determine when and which areas a person was exposed to asbestos.

After obtaining this information lawyers will then file a suit against an asbestos or trust fund manufacturer. This usually happens at the state level. The majority of mesothelioma cases are being resolved via an asbestos settlement rather than a trial. An asbestos lawyer is able to reach a settlement in 90 days.

When negotiating an asbestos settlement, attorneys take into consideration how much each client has been hurt by their condition and what the total cost of care will be. They consider a range of costs such as transportation costs, assistance at home and complementary therapies. They also weigh in the amount a person has lost in income and other personal assets.

The majority of people diagnosed with Mesothelioma are in their 70s. However, patients in their 40s and 50s can also be affected by asbestos-related diseases. Asbestos victims can seek compensation from the companies who exposed them to the toxic substance or asbestos compensation trust funds, and even from insurers that have assumed the responsibility of asbestos producers.

Treatment of asbestos-related illnesses and mesothelioma is costly. It can also be a very lonely experience for those affected. A top mesothelioma attorney can help ensure that every victim receives the maximum amount of compensation they are entitled to. In certain instances, the amount paid is in the millions of dollars. Asbestos victims who have lost a loved person to mesothelioma, or another asbestos-related disease may also pursue wrongful death lawsuits against the responsible party.