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What is an Asbestos Lawsuit? An asbestos lawsuit is a method for a victim or family members to receive compensation from the company responsible for their exposure. Compensation can take the form of a verdict by a jury or settlement. A mesothelioma attorney with experience will help you decide on the best type of lawsuit to suit your case. The process begins by filing a complaint. The defendants have a specific time to respond. Mesothelioma Mesothelioma is a form of cancer that affects the thin layer of tissue that covers a lot of the organs inside your 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 the lining (peritoneal mesothelioma) or in the heart as well as testicles. The condition is not common, but it can be is often fatal and aggressive. The majority of mesothelioma patients have worked on jobs where they breathed asbestos dust. The disease can take years to develop and symptoms may not show up for years. In most cases, chest pain or shortness of breath are the first symptoms. Mesothelioma can't be treated but there are therapies that can alleviate symptoms and prolong life. Mesothelioma diagnosis is based on the medical history of a patient along with physical examination and laboratory tests. It is important to discuss any history of exposure to asbestos with a physician in order to reduce the chance of developing the disease. The signs of mesothelioma can be confused with other illnesses. Early symptoms include shortness of breath, chest pain, and dry cough. These are similar to those of lung diseases such as pneumonia and bronchitis. This makes it difficult to diagnose mesothelioma. Many patients are diagnosed in the later stages, when the disease is more difficult to diagnose. Scientists have identified several elements that contribute to the formation of mesothelioma. The most prevalent factor is asbestos exposure. However other environmental pollutants like cadmium and arsenic can also cause the disease. Malignant mesothelioma has been classified into three types based on the type of cells affected. Pleural mesothelioma is the most common type of the disease is the most prevalent. It is found in the lining of the chest cavity and lungs (pleura). Peritoneal Mesothelioma, although less prevalent, is serious. It is located in the inner lining (peritoneum) of the stomach. Testicular mesothelioma is extremely rare and occurs in the testicles. Researchers continue to study the connection between asbestos exposure and Mesothelioma. There is evidence suggesting that gene mutations may influence the likelihood of a person developing mesothelioma. Clinical trials to test the effectiveness of drugs that target these gene mutations are ongoing. Asbestos Litigation Asbestos-related illnesses can cause financial hardship for those affected. Asbestos lawsuits assist victims in recovering the money they need to pay for these expenses and restore their lives. The first step of an asbestos lawsuit involves gathering evidence and identifying the main defendants. This involves looking over the history of a victim's employment and determining what asbestos-related substances contributed to their condition. A victim's team will then bring mesothelioma lawsuits against the responsible companies. The discovery phase is the next stage in a lawsuit involving asbestos. This involves interviewing coworkers and looking at asbestos dust samples, and examining the medical records of the victim as well as laboratory tests. Once a database of employers, vendors, and products is compiled and compiled, it can be used to find potential defendants. This could take years depending on the victim's work history, and involves interviewing co-workers, relatives and abatement workers as well as reviewing different records that include Social Security, tax, union and employer documents. During the discovery stage, asbestos and other defendants may present procedural motions to dismiss the plaintiff's claim. These motions usually are made based on technical issues, and are challenged by skilled attorneys. When a trial date has been set, the victims must prove their injuries before a jury. This is a challenging task, because mesothelioma and other asbestos-related diseases are difficult to identify and have a long latency period. The victim must be able demonstrate that exposure to asbestos was the cause of the disease and that it was a direct consequence. Asbestos trial attorneys can make a compelling case for their clients by drawing upon their vast experience in this area of law. They can also directly negotiate with insurance companies, and deal with the defenses made in court by defendants. This will ensure that their clients receive an equitable settlement. Mass torts are frequently used to describe asbestos cases, because they involve large numbers of victims who are harmed by multiple defendants. The Judicial Panel on Multidistrict Litigation combined thousands of asbestos cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is currently taking place 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 some point or another. It takes repeated, long-term exposure to asbestos for severe diseases like mesothelioma develop. The time between the first exposure to diagnosis of mesothelioma can range between 10 to 60 years. The asbestos industry has been implicated in numerous class action lawsuits. The most famous case was Borel v. Fireboard Paper Products Corporation. This case established strict liability for asbestos producers. In the early cases families sought compensation from companies that made asbestos-based products after the loss of loved ones. Asbestos is an assortment of fibrous minerals that occur in the natural world. Asbestos was a popular building material in the 1920s, and into the 1960s because it is heat, fire and corrosion resistant. It's also durable and affordable. Asbestos is used in various construction projects. It was sprayed on fire and sound insulation floor tiles, ceiling tiles roofing and siding shingles, and pipe coating. Unfortunately asbestos has been discovered to be a potent carcinogen capable of creating mesothelioma, asbestosis, and lung cancer. These diseases result from asbestos fibers, which can infiltrate the lungs for a long period of time, causing inflammation and scarring. Asbestos may be released into the air if asbestos-containing substances are disturbed. This can happen in residential, commercial, and military buildings, as well contaminated highways and bridges. Asbestos removal is regulated by the Environmental Protection Agency, which includes guidelines that address proper handling, disposal and testing of materials that are contaminated. In some cases, family members of mesothelioma victims have sought compensation from the companies that made asbestos-based products in the belief that they were negligent in their marketing and product development practices. Mesothelioma is a terminal illness with an estimated mortality rate of 90 percent so it is imperative that patients seek compensation. A mesothelioma lawyer with experience can help victims and their family ones through the entire process of seeking compensation from negligent asbestos producers. Compensation Many asbestos victims are entitled to compensation for a wide range of expenses such as medical bills, loss of wages, and suffering and pain. The amount of compensation varies on many factors, such as the severity the illness of the victim or the period between exposure to asbestos and diagnosis. Many people diagnosed with mesothelioma, asbestos-related diseases can receive substantial financial compensation. Asbestos lawyers can help determine compensation eligibility. They can review the medical history of the patient as well as work history and the places where they've worked. They can then use information from thousands of asbestos-related sites and products to determine how and where a person was exposed to asbestos. After the lawyers have gathered the necessary information, they'll file a lawsuit against an asbestos manufacturer or trust fund. This usually happens at the state level. The majority of mesothelioma cases wind up being resolved via an asbestos settlement instead of a trial. An asbestos lawyer can typically reach a settlement in 90 days. When making an asbestos settlement, lawyers consider the extent to which each person has been affected through their illness and what the total cost of treatment will be. They consider a range of costs such as transportation costs, home health aides and complementary therapies. They also take into account how much a victim has lost in income and other assets. The majority of people diagnosed with Mesothelioma are in their 70s. However, idaho asbestos law firm in their 40s and 50s may also suffer from asbestos-related diseases. Asbestos-related victims can get compensation from the companies that exposed them to the toxic substance and asbestos trust funds and from insurers that have taken over the responsibility for asbestos manufacturers. Treatment of asbestos-related illnesses and mesothelioma can be expensive. It can also be a lonely experience for people who are affected. A reputable mesothelioma lawyer can help ensure that every victim gets the full compensation they are entitled to. In some cases, the compensation can reach millions of dollars. Asbestos victims who have loved ones who have passed away from mesothelioma, or another asbestos-related illness, can make wrongful death claims against the responsible party.