10 Life Lessons We Can Learn From Asbestos Litigation

What is an Asbestos Lawsuit?

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

A reputable mesothelioma law firm can determine which type of lawsuit is appropriate for your specific situation. The process begins with the filing of a complaint. The defendants are given a short time to respond.

Mesothelioma

Mesothelioma is a type of cancer, affects the tissue layer that covers most of the internal organs of the body. It is caused by exposure to asbestos. The condition is most often seen in the lungs (pleural mesothelioma) but it can also be found in the stomach and stomach lining (peritoneal mesothelioma) or in the heart as well as testicles. The condition is uncommon but is often fatal and aggressive.

Most people who have mesothelioma have inhaled asbestos dust during their work. The disease can take decades to develop and symptoms might not be apparent for a long time. In most cases, the initial symptom is shortness of breath or chest pain. Mesothelioma cannot be treated however there are treatment options to alleviate 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 past exposure to asbestos with a doctor as it could increase the risk of developing the disease.

Symptoms of mesothelioma are not very specific and can be mistaken for other diseases. The first signs are shortness of breath, chest pain and dry cough. These symptoms are similar to those that are associated with lung diseases like pneumonia or bronchitis. This makes mesothelioma hard to identify. Many patients are not diagnosed until the advanced stages of the disease, when it becomes more difficult to treat.

Scientists have identified several factors that contribute to the development of mesothelioma. Exposure to asbestos is the most widely known factor. Other contaminants in the environment, such as arsenic and cadmium can be a cause of this disease too.

The three types of malignant mesothelioma are based on which cells are affected. Pleural mesothelioma is the most common type of the disease is the most prevalent. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal Mesothelioma though not as common, is very serious. It is located in the interior (peritoneum) of the stomach. It is a rare cancer that affects the testicles.

Researchers continue to investigate the relationship between mesothelioma and asbestos exposure. Some evidence suggests that genetic mutations may influence a person's chances of developing the disease. Ongoing clinical trials are testing the effects of drugs targeting mutations in genes.

Asbestos Litigation

Asbestos-related illnesses can cause financial hardship for victims. Asbestos lawsuits help victims recover the amount they require to cover the costs and restore their life quality. The first step in an asbestos lawsuit involves gathering evidence and identifying key defendants. This involves analyzing the work history of the victim and determining whether asbestos-related products contributed to their condition. A victim's trial team will then bring a mesothelioma lawsuit against the responsible companies and manufacturers.

The next stage in an asbestos lawsuit is the discovery process. This involves interviewing coworkers as well as studying asbestos dust samples and reviewing the medical records of the victim and laboratory tests. Once an inventory of employers, vendors and products is compiled, it is possible to use it to identify potential defendants. This could take years depending on the victim's employment background. It involves speaking with family members, coworkers, abatement workers and reviewing various records that include Social Security, tax, union and employer documents.

During the discovery phase, asbestos and other defendants might file procedural motions seeking to throw out a plaintiff's case. They typically focus on technical issues, and are litigated by experienced attorneys in a timely manner.

Once a trial date has been scheduled, victims will need to prove their injuries before an audience of jurors. This can be a difficult task due to the fact that mesothelioma and other asbestos-related illnesses are difficult to diagnose. The victim must be able demonstrate that exposure to asbestos was the cause of the disease and that it was a direct cause.

Asbestos attorneys can present a compelling argument for their clients based on their extensive experience in this area of law. They can also engage with insurance companies and take proactive steps to address the defenses raised by defendants to ensure that their clients receive an appropriate settlement offer.

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 consolidated thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. The litigation is currently in progress 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. But it is only an extended and repeated exposure to asbestos for it to cause mesothelioma-related illnesses that are serious. The time period between the first exposure to diagnosis of mesothelioma could be between 10 and 60 years.

The asbestos industry has been implicated in a variety of class action lawsuits. The most well-known instance was Borel v. Fireboard Paper Products Corporation that established the precedent of strict liability for asbestos manufacturers. In the beginning, families were seeking compensation from companies who made asbestos-based products in the death of loved ones.

Asbestos is a group of fibrous minerals that are found in the natural environment. Asbestos, which is invulnerable to fire, heat and corrosion, was a very popular material for building materials in the 1920s, and even in the 1960s. It's also tough and inexpensive. Asbestos was used in numerous construction projects. It was sprayed on fire and asbestos settlement sound insulation, floor tiles, ceiling tiles roofing and siding shingles and pipe coatings.

Unfortunately asbestos has been identified to be a powerful carcinogen, capable of producing mesothelioma and lung cancer, and asbestosis. These illnesses result from asbestos fibers that can enter the lungs over a long period of time and cause inflammation and scarring.

In certain situations, asbestos can be released into the air when asbestos-containing materials are disturbed. This can happen in commercial, residential, and military structures and also in highways that are contaminated and bridges. Asbestos removal is managed by the Environmental Protection Agency, which has guidelines on the proper disposal, asbestos settlement handling, and testing of contaminated materials.

In a few instances, family members of mesothelioma patients have sought compensation from the corporations that manufactured asbestos-based products in the belief that they were negligent in their marketing and product development practices. Mesothelioma is a fatal illness with an estimated mortality rate of 90 percent, making it imperative that victims seek compensation. A mesothelioma lawyer can help victims as well as their families and loved ones through the process seeking compensation from negligent asbestos manufacturers.

Compensation

Many asbestos victims can claim compensation for medical expenses, lost wages, and pain and suffering. The amount of compensation is determined dependent on a variety of factors which include the degree of illness as well as the length of time between exposure and diagnosis.

Patients diagnosed with mesothelioma or other asbestos-related diseases are usually eligible to receive large financial rewards. Asbestos lawyers can help determine eligibility for compensation. They can review the medical records of a patient, work history and the places they worked. They can make use of information from thousands of asbestos products and job sites to find out where and how a person was affected by asbestos.

After obtaining this information, lawyers will file a suit against the trust fund or asbestos manufacturer. The process is generally handled at the state level. The majority of mesothelioma cases are being resolved by an asbestos settlement, instead of a trial. A lawyer with expertise in asbestos will usually negotiate an agreement with the client within 90 days.

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

It can take 10 to 50 years for symptoms to appear and most patients are diagnosed with mesothelioma within their 70s. Asbestos-related diseases also affect victims who are in their 40s or 50s. Asbestos sufferers can claim compensation from the companies that exposed them toxic substance as well as from asbestos trust funds and even from insurers who have taken over responsibility for asbestos manufacturers.

Treatment for asbestos-related diseases and mesothelioma is costly. It can be a lonely time for those affected. A mesothelioma lawyer of the top quality can ensure that every victim receives the maximum amount of compensation they deserve. In some cases, compensation can reach millions of dollars. Asbestos victims who have lost a loved person to mesothelioma, or another asbestos-related disease can also pursue wrongful death lawsuits against the responsible party.