Asbestos Litigation: The Secret Life Of Asbestos Litigation

What is an Asbestos Lawsuit?

An asbestos lawsuit is a method for the victim or their family members to obtain compensation from the companies that caused their exposure. The compensation could come in the form of a verdict by a jury or settlement.

An experienced mesothelioma lawyer can help you determine the most appropriate type of lawsuit for your situation. The process begins with filing an initial complaint. The defendants have a finite time frame to respond.

Mesothelioma

Mesothelioma is a type of cancer, affects the thin tissue layer that covers the majority of the internal organs of the body. It is caused by exposure to asbestos. The disease often occurs in the lungs (pleural mesothelioma) however it can be found in the stomach lining (peritoneal mesothelioma), the heart, and testicles. The condition is rare however, it can be extremely aggressive and can be fatal.

Most people who suffer from mesothelioma have inhaled asbestos dust during their work. It can take decades for the cancer to develop and symptoms may not manifest until years after exposure. In most instances, chest pain or shortness of breathe are the first symptoms. Mesothelioma cannot be cured however, there are treatments to ease symptoms and prolong the lifespan.

Mesothelioma can be diagnosed on a patient's medical history 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.

The symptoms of mesothelioma can be confused with other diseases. Early signs include shortness of breath, chest pain, and dry cough. They are similar to the symptoms of lung conditions, such as pneumonia and bronchitis. This makes mesothelioma a challenge to diagnose. Many patients are not diagnosed until advanced stages of the disease when it is more difficult to treat.

Scientists have identified a range of factors that be responsible for the development of mesothelioma. The most prominent factor is exposure to asbestos. However, other environmental pollutants such as arsenic and cadmium may also cause the disease.

Malignant mesothelioma can be classified into three types based on the number of cells affected. Pleural mesothelioma, the most commonly encountered type of the disease is the most common. It occurs in the lining of the chest cavity and lungs (pleura). Peritoneal mesothelioma is less frequent however it is still very serious. It is located in the inside (peritoneum) of the stomach. It is a rare cancer that affects the testicles.

Researchers continue to study the relationship between mesothelioma and asbestos exposure. There is evidence that suggests that genetic mutations can influence the chance of developing mesothelioma. In ongoing clinical trials, researchers are testing drugs that target gene mutations.

Asbestos Litigation

Asbestos-related illnesses can create financial hardship for those affected. Asbestos suits assist victims in getting the compensation they need to pay their bills and restore their quality of life. The first step in an asbestos lawsuit is obtaining evidence and identifying the key defendants. This involves reviewing the past work history of the victim and determining whether asbestos-related products contributed to their condition. A victim's trial team will then make a mesothelioma claim against the responsible companies and manufacturers.

The discovery process is the next step in a asbestos lawsuit. This involves interviewing co-workers as well as looking at asbestos dust samples, and reviewing the medical records of the victims and laboratory tests. Once an information database of employers, vendors and products is built, it can be used to identify potential defendants. This could take years, depending on the victim's employment background, and includes interviewing family members, coworkers and asbestos settlement abatement workers as well as reviewing several documents such as Social Security, tax, union and employer records.

During the discovery phase, asbestos and other defendants can file procedural motions to dismiss the plaintiff's case. These motions typically are founded on technical issues and are challenged by experienced lawyers.

Once a trial date has been established, the victims must demonstrate their injuries to the jury. This can be a difficult task due to the fact that mesothelioma and other asbestos-related diseases are difficult to identify. The victim must be able show that the exposure to asbestos caused the disease and was a direct cause.

Asbestos attorneys can present a convincing argument for their clients based on their extensive knowledge of this area of law. They are also able to negotiate directly with insurance companies, and deal with the defenses made in the court by defendants. This will ensure that their clients get a fair settlement.

Many asbestos cases are classified as mass torts because they involve large numbers of injured victims against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of asbestos-related cases into MDL 875 In Re asbestos claim 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 most people have been exposed to it at some point. It requires repeated and prolonged exposure to asbestos for serious diseases like mesothelioma or lupus to develop. The time period between the initial exposure to the diagnosis of mesothelioma might range between 10 to 60 years.

The asbestos industry is implicated in a number of class action lawsuits. The most well-known was Borel v. Fireboard Paper Products Corporation that established the precedent of strict liability for asbestos settlement producers. In the early cases families demanded compensation from companies which made asbestos-based products in the loss of a loved one.

Asbestos is made up of fibrous minerals that are found in nature. Asbestos was an extremely popular building material in the 1920s, and into the 1960s due to its heat, fire, and corrosion resistant. It's also durable, and cheap. Asbestos is 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 discovered to be a potent carcinogen capable of causing mesothelioma, asbestosis, and lung cancer. These diseases result from asbestos fibers which can get into the lungs for a prolonged period of time and cause inflammation and scarring.

Asbestos can be released in the air when asbestos-containing materials are disturbed. This can occur in commercial, military and residential buildings as well as on bridges, highways and ships. The Environmental Protection Agency regulates asbestos removal, and provides guidelines on proper handling, disposal and testing of material that has been contaminated.

In some cases, the families of patients with mesothelioma have sought compensation from corporations that make asbestos-based products. They claim that the corporations were negligent in their product development and marketing. Mesothelioma sufferers have a 90% mortality rate and is therefore a terminal disease. It is essential that victims seek compensation. A mesothelioma lawyer with experience can assist victims and their loved ones 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, as well as suffering. The amount of compensation awarded depends on several factors, such as the severity the disease or period between exposure to asbestos and the diagnosis.

Many people diagnosed with mesothelioma and other asbestos-related diseases can be awarded substantial financial awards. Asbestos lawyers can help determine the eligibility of compensation. They can review the medical history of the patient, work history, as well as the places they have worked. They may use information from thousands of asbestos-related products and job sites to determine if and how a person was affected by asbestos.

After gathering the information, the lawyers will file a suit against an asbestos or trust fund manufacturer. This is usually handled at the state-level. The asbestos settlement is the most popular way to resolve mesothelioma claims. An asbestos lawyer can typically reach a settlement within 90 days.

Attorneys look at the total cost of healthcare and how much each patient will suffer from asbestos-related disease when making the settlement. They consider a wide range of costs from transportation to home health aids, as well as complementary therapy. They also consider how much a person has lost in income and other personal assets.

It takes between 10 and 20 years for symptoms to surface The majority of people are diagnosed with mesothelioma by their 70s. Asbestos-related illnesses also affect victims in their 40s and 50s. Asbestos sufferers can claim compensation from the companies that exposed them to the toxic substance or asbestos trust funds, and from insurers that have assumed responsibility for asbestos manufacturers.

Treatment of asbestos-related diseases and mesothelioma can be costly. It can also be a lonely experience for those affected. A top mesothelioma attorney can assist in ensuring that each victim receives all the compensation they are entitled to. In certain instances, the amount paid is in the millions of dollars. Asbestos victims who have lost a loved one to mesothelioma or another asbestos-related illness may also file wrongful death lawsuits against the responsible party.