Who's The World's Top Expert On Asbestos Litigation?

What is an Asbestos Lawsuit?

A lawsuit against asbestos-related companies is a great opportunity for families of victims to obtain compensation. Compensation can take the form of a verdict by a jury or settlement.

An experienced mesothelioma law firm can help you determine which lawsuit is best for your particular situation. The process begins by the filing of an initial complaint. The defendants have a finite period of time to respond.

Mesothelioma

Mesothelioma, a form of cancer, affects the tissue layer that covers most of the internal organs in the body. Exposure to asbestos can trigger the disease. The condition is most often seen in the lungs (pleural mesothelioma) but it can also be found in the stomach liner (peritoneal mesothelioma), the heart, and testicles. The condition is rare but aggressive and usually fatal.

Most people with mesothelioma breathed asbestos dust while at work. The disease can take a long time to begin to develop, and symptoms may not be apparent for asbestos settlement a long time. In most cases, the initial symptom is a feeling of shortness of breath or chest pain. Mesothelioma is not curable however, there are treatments to alleviate symptoms and prolong the lifespan.

Mesothelioma is diagnosed based on a patient's medical history as well as physical examination and laboratory tests. It is important to tell your doctor about any asbestos-related exposure history, as it can increase the likelihood of developing mesothelioma.

The symptoms of mesothelioma can be very specific and can be misinterpreted as other illnesses. The initial signs include chest pain, shortness of breath, and dry cough. They are similar to the symptoms of lung conditions like pneumonia and bronchitis. This makes mesothelioma a challenge to recognize. Many patients are not diagnosed until advanced stages of the disease, when it becomes more difficult to treat.

Scientists have identified many contributing factors to the development of mesothelioma. The most frequent cause is exposure to asbestos. However other environmental pollutants such as cadmium and arsenic can also cause the disease.

The three forms of malignant mesothelioma are based on which cells are affected. Pleural mesothelioma is by far the most common form of the disease. It is found in the the chest cavity and the lungs (pleura). Peritoneal Mesothelioma is not as common, is serious. It is located in the inside (peritoneum) of the stomach. It is a rare cancer that affects the testicles.

Researchers continue to investigate the link between asbestos exposure and Mesothelioma. There is evidence that suggests that genetic mutations can influence the likelihood of a person developing mesothelioma. Ongoing clinical trials are testing treatments that target mutations in genes.

Asbestos Litigation

In addition to the physical discomfort that is associated with asbestos-related illnesses victims also face financial difficulties due to the loss of income. Asbestos suits help victims get the compensation they require to offset their expenses and restore their quality of life. The first step of an asbestos lawsuit is to gather evidence and identifying the main defendants. This includes reviewing a victim's work history and determining the way in which asbestos-related products caused their illness. The victim's trial team will then file a mesothelioma lawsuit against the responsible manufacturers and companies.

The discovery phase is the next one in an asbestos lawsuit. interviewing coworkers, analyzing asbestos dust samples, as well as reviewing victim's medical records or laboratory tests are all an element of the discovery process. Once a database of employers, vendors and products is established and compiled, it can be used to identify potential defendants. It can take many years to complete this process, dependent on the length of time the victim has worked. This includes interviewing coworkers, family members or abatement workers, as well as looking over various records including Social Security, union, tax and employer documents.

In the process of discovery, asbestos and other defendants may present procedural motions to dismiss the plaintiff's claim. They typically focus on technical issues and are litigated by experienced attorneys in a timely manner.

If a trial date is been scheduled, victims must demonstrate their injuries in front of a jury. This can be a difficult job, as mesothelioma along with other asbestos law-related diseases are difficult to diagnose and have a long latency period. The patient must prove that exposure to asbestos caused the illness and that it was a direct consequence.

Asbestos trial lawyers can build an argument that is persuasive for their clients based on their years of knowledge of this area of law. They can also negotiate with insurance companies and address defenses posed by defendants to ensure that their clients receive a fair settlement.

Mass torts are often used to describe asbestos cases, because they involve large amounts of 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

Asbestos exposure is so widespread in the United States that most people have been exposed to it at some point or another. However, it takes repeated and prolonged exposure to asbestos to cause serious diseases such as mesothelioma. The time between the initial exposure to the diagnosis of mesothelioma might range between 10 and 60 years.

The asbestos industry has been involved in a number of class action lawsuits. The most famous one was Borel v. Fireboard Paper Products Corporation. This case established the strict liability of asbestos producers. In the beginning, families sought compensation from companies that made asbestos-based items for the loss of a loved one.

Asbestos is comprised of fibrous minerals found in nature. Asbestos, which is resistant to heat, fire and corrosion, was a popular building material in the 1920s and into the 1960s. It is also durable and cheap. Asbestos has been used in a variety of construction projects. It was sprayed on the sound and fire insulation, floor tiles, ceiling tile, roofing and siding shingles, and pipe coatings.

Unfortunately asbestos has been identified to be a potent carcinogen capable of producing mesothelioma and asbestosis, and lung cancer. These diseases can be caused by breathing asbestos fibers which can infiltrate the lungs and stay there for a long period of time leading to inflammation and scarring and eventually causing cancerous tumors.

In some instances, asbestos can be released into the air when asbestos-containing materials are disturbed. This can happen in commercial, residential and military buildings as well as in contaminated highways and bridges. The Environmental Protection Agency regulates asbestos removal, including guidelines on proper handling, disposal and testing of the material that is contaminated.

In a few instances families of mesothelioma sufferers have sought compensation from the corporations that manufactured asbestos law-based products with the claim that they were negligent in their product development and marketing practices. Mesothelioma is a fatal illness with 90% mortality, making it imperative that victims seek compensation. A knowledgeable mesothelioma attorney will guide victims and their loved families through the entire process of seeking compensation from negligent asbestos producers.

Compensation

Many asbestos victims are entitled to compensation for a variety of expenses that include medical bills, lost wages and suffering and pain. The amount of compensation awarded is dependent on a variety of factors, including the severity of the disease and the amount of time between exposure and diagnosis.

Patients diagnosed with mesothelioma or other asbestos-related illnesses are typically eligible to receive significant financial compensation. Asbestos lawyers can help determine compensation eligibility. They may look at the medical history of the patient, work history, and the places where they've worked. They can make use of information from thousands of asbestos-related products and job sites to determine where and how a person was affected by asbestos.

After gathering this information, lawyers will file a suit against an asbestos or trust fund manufacturer. This is usually done at the state level. The asbestos settlement is the most popular method to settle mesothelioma cases. An asbestos lawyer can typically reach a settlement in 90 days.

When trying to negotiate an asbestos settlement, attorneys consider how much each client has been affected by their condition and what the total cost of treatment will be. They look at a variety of costs, from transportation to home health aids, as well as complementary therapies. They also consider how much income and other assets a victim lost.

The majority of people are diagnosed with Mesothelioma in their 70s. Asbestos-related illnesses can also affect victims in their 40s and 50s. Asbestos victims can recover compensation from the companies that exposed them toxic substance or asbestos trust funds, and even from insurers who have assumed the responsibility for asbestos manufacturers.

Treatment of asbestos-related illnesses and mesothelioma is costly. It can also be a very lonely experience for those afflicted. A reputable mesothelioma lawyer can help ensure that each victim receives the compensation they deserve. In certain instances, the amount given is in the millions of dollars. Asbestos victims who have lost a loved family member to mesothelioma and/or another asbestos-related illness may also file wrongful death lawsuits against the responsible party.