What is an Asbestos Lawsuit?
An asbestos lawsuit can be a way for the victim or their family members to receive compensation from the companies responsible for their exposure. Compensation could take the form a jury verdict, settlement or a settlement.
An experienced mesothelioma lawyer can help you determine the most appropriate type of lawsuit for your case. The process begins with the filing of an initial complaint. Defendants have a limited time frame to respond.
Mesothelioma
Mesothelioma, a form of cancer, affects the tissue layer that covers most of the internal organs in the body. virginia beach asbestos lawsuit is caused by exposure to asbestos. The most common cause of asbestos-related disease is located in the lungs, but can also affect the stomach lining, heart and testicles (peritoneal pleural mesothelioma). The condition is uncommon however, it can be extremely aggressive and usually fatal.
The majority of mesothelioma patients have worked on jobs where they inhaled asbestos dust. The disease can take a long time to begin to develop, and symptoms may not show up for years. In most instances, chest pain or shortness of breathe are the first symptoms. Mesothelioma is not curable however, there are treatments to ease symptoms and prolong the lifespan.
Mesothelioma can be diagnosed based on the medical history of a patient as well as physical examination and laboratory tests. It is crucial to discuss any history of exposure to asbestos with your doctor, because it can increase the chance of developing the disease.
Symptoms of mesothelioma are not very specific and can be misinterpreted as other illnesses. Early signs include chest pain, a shortness of breath, and dry cough. These symptoms are similar to those that are associated with lung diseases like bronchitis or pneumonia. This makes it difficult to diagnose mesothelioma. Many patients are diagnosed at the later stages, which means that the disease is more difficult.
Scientists have identified many factors that contribute to the development of mesothelioma. Exposure to asbestos is among the most widely known factor. Other contaminants in the environment, such as arsenic or cadmium, could also cause this disease.
Malignant mesothelioma can be classified into three types based on the cells affected. Pleural mesothelioma which is the most commonly encountered type of the disease is the most prevalent. It affects the chest cavity's lining (pleura) and the lungs. Peritoneal mesothelioma is less common but is still a serious condition. It is located in the inside (peritoneum) of the stomach. It is a rare cancer that affects the testicles.
Researchers continue to investigate the connection between asbestos exposure and mesothelioma. There is evidence suggesting that gene mutations could influence the risk of developing mesothelioma. Clinical trials to test the effectiveness of drugs that target these gene mutations are ongoing.
Asbestos Litigation
In addition to the physical and mental suffering caused by asbestos-related diseases the victims are often faced with financial burdens due to the loss of income. Asbestos lawsuits allow victims to recover the money they need to cover the costs and improve their lives. The first step in a lawsuit involving asbestos is gathering evidence and identifying defendants. This includes reviewing the history of a victim's employment and determining if asbestos-related products caused their illness. The victim's legal team will make mesothelioma claims against the responsible companies.
The discovery phase is the next step of an asbestos lawsuit. It involves interviewing colleagues and studying asbestos dust samples and reviewing the victim's medical records and laboratory tests. Once a comprehensive database of employers, products and vendors is created, possible defendants are identified. This could take years, dependent on the victim's job background. It involves speaking with colleagues, relatives and abatement workers as well as reviewing several documents which include Social Security, tax, union and employer documents.
During the discovery phase, asbestos and other defendants can file procedural motions to dismiss a plaintiff's claim. These motions usually are focused on technical issues and are challenged by skilled attorneys.
Once a trial date has been established, the victims must demonstrate their injuries to a jury. This can be a daunting job, as mesothelioma along with other asbestos-related diseases are difficult to diagnose and have a lengthy latency period. Victims must be able to prove that their exposure to asbestos caused the disease and that the illness was the direct result of the exposure.
Asbestos trial attorneys can create a compelling case for their clients by drawing upon their vast experience in this particular area of law. They can also directly negotiate with insurance companies, and address defenses raised in court by defendants. This will ensure that their clients get an equitable settlement.
Many asbestos cases are referred to as mass torts due to the fact that they involve large groups of injured victims against multiple defendants. The Judicial Panel on Multidistrict Litigation combined 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
Asbestos exposure is so common in the United States that most people have come across it at one time or another time. However, it requires an extended and repeated exposure to asbestos before it can cause serious diseases like mesothelioma. The latency period between exposure and diagnosis of mesothelioma can vary between 10 and 60 years.
The asbestos industry is implicated in several class action lawsuits. The most well-known instance was that of Borel v. Fireboard Paper Products Corporation which established the precedent of strict liability for asbestos producers. In the beginning, families demanded compensation from companies which made asbestos-based products in the death of a loved one.
Asbestos is made up of fibrous minerals that are found in nature. Asbestos is resistant to heat, fire and corrosion, was a common material for building in the 1920s and into the 1960s. It's also strong and cheap. Asbestos has been used in a variety of different construction projects, such as spraying on sound and fire insulation, pipe coating, floor tiles, ceiling tiles, roofing and siding shingles.
Unfortunately asbestos has been discovered to be a powerful carcinogen that has the potential of creating mesothelioma, lung cancer, and asbestosis. These illnesses can be caused by breathing asbestos fibers which can get into the lungs and remain there for a long period of time, causing scarring and inflammation and eventually leading to cancerous tumors.
In some cases asbestos can release into the air when asbestos-containing materials are disturbed. This can occur in military, commercial, and residential buildings, as well as on bridges, highways and even ships. The Environmental Protection Agency regulates asbestos removal, as well as guidelines for proper handling, disposal, and testing of asbestos-contaminated material.
In certain cases, family members of mesothelioma patients have sought compensation from corporations that made asbestos-based items in the belief that they were negligent in their marketing and product development practices. Mesothelioma has a 90% mortality rate, making it a terminal disease. It is imperative that victims seek compensation. A mesothelioma lawyer is able to guide victims along with their families and loved ones through the process seeking compensation from negligent asbestos manufacturers.
Compensation
Many asbestos victims can receive compensation for medical bills along with lost wages and suffering. The amount of compensation awarded is according to a variety of factors such as the severity of each individual's illness and the length of time between exposure and diagnosis.
People diagnosed with mesothelioma and other asbestos-related illnesses are typically entitled to significant financial awards. Asbestos lawyers can assist in determining the eligibility for compensation. They can look over the medical history of the patient as well as work history and the places where they've worked. They can then look up information from thousands of job sites and asbestos products to determine if and where a person was exposed to asbestos.
After lawyers have gathered this information, they will file a lawsuit against an asbestos manufacturer or trust fund. This usually happens at the state level. Most mesothelioma cases end up being resolved via an asbestos settlement, rather than a trial. An asbestos lawyer will typically reach a settlement in 90 days.
Attorneys look at the total cost of treatment and the amount each client will suffer from their asbestos-related disease when negotiating a settlement. They consider a range of costs such as transportation costs, aids at home and other complementary therapies. They also take into account how much a victim has lost in income and other assets.
The majority of people are diagnosed with Mesothelioma after their 70s. However, those in their 40s or 50s can also suffer from asbestos-related illnesses. Asbestos victims may be able to claim compensation from the companies that exposed asbestos or asbestos trust funds and even insurance companies who have assumed the liability of asbestos manufacturers.
Mesothelioma and other asbestos-related illnesses are costly to treat. It can also be a lonely experience for people who are affected. A reputable mesothelioma lawyer can help ensure that each victim receives the full amount they deserve. In certain instances, the amount paid is in the millions of dollars. Asbestos victims who have loved ones who have passed away from mesothelioma or another asbestos-related disease, can also bring a wrongful death lawsuit against the responsible party.