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What is an Asbestos Lawsuit? A lawsuit against asbestos companies is a great opportunity for families of victims to obtain compensation. Compensation can be in the form of a verdict by a jury or settlement. A mesothelioma attorney with experience can help you choose the most appropriate type of lawsuit to suit your situation. The process begins by filing an initial complaint. The defendants have a limited time to respond. Mesothelioma Mesothelioma is a type of cancer, affects the thin tissue layer that covers most of the internal organs in the body. Exposure to asbestos is the main cause. The condition is most often seen in the lung (pleural mesothelioma) however it can occur in the stomach liner (peritoneal mesothelioma), the heart, and testicles. The condition is uncommon but it is extremely serious and often fatal. The majority of people with mesothelioma breathed asbestos dust while at work. It can take decades for the cancer to develop, and symptoms may not manifest until years after exposure. In the majority of instances, chest pain or shortness of breath are the first signs. Mesothelioma can't be treated, but there are treatments that can relieve symptoms and prolong life. Mesothelioma can be diagnosed on the medical history of a patient along with physical examination and laboratory tests. It is important to discuss any past exposure to asbestos with your doctor, because it can increase the chance of developing the disease. The symptoms of mesothelioma aren't very specific and can be misinterpreted as other illnesses. The first signs are chest pain, shortness of breathe, and a dry cough. These symptoms are similar to those that are associated with lung conditions such as bronchitis or pneumonia. This makes mesothelioma hard to detect. Many patients are not diagnosed until the advanced stages of the disease, when it is more difficult to treat. Scientists have identified a variety of contributing factors to the growth of mesothelioma. The most frequent cause is asbestos exposure. Other environmental pollutants, such as arsenic or cadmium, could also cause this disease. Malignant mesothelioma is classified into three types based on the cells affected. Pleural mesothelioma, which is the most frequent type of disease is the most widespread. It affects the lining of the chest cavity (pleura) and lungs. Peritoneal mesothelioma occurs less frequently but it is still serious. It occurs in the stomach's lining (peritoneum). Testicular mesothelioma occurs in a very limited number of cases and can be found in the testicles. Researchers are continuing to study the connection between mesothelioma and asbestos exposure. Some evidence suggests that genetic mutations can affect the likelihood of developing the disease. Clinical trials to test drugs that target these gene mutations are ongoing. Asbestos Litigation In addition to the physical suffering associated with asbestos-related illnesses, victims often face financial hardship due to loss of income. Asbestos lawsuits allow victims to recover the compensation they require to offset these expenses and restore their standard of living. The first step in an asbestos lawsuit is obtaining evidence and identifying key defendants. This includes examining the work history of the victim and determining whether asbestos-related products were responsible for their illness. The victim's team will file mesothelioma suits against the responsible companies. The next step in an asbestos lawsuit is the discovery process. It involves interviewing colleagues, studying asbestos dust samples and examining the medical records of the victim and laboratory tests. Once a comprehensive database of employers, products and vendors is compiled, potential defendants are identified. This could take years depending on the victim's work background, and includes interviewing co-workers, relatives, abatement workers and reviewing different documents such as Social Security, tax, union and employer documents. During the discovery stage asbestos and other defendants can make procedural motions to revoke the plaintiff's case. These motions are usually made based on technical issues, and are contested by experienced lawyers. When a trial date has been set, the victims will be required to show their injuries to the jury. This can be a daunting task, because mesothelioma and other asbestos-related diseases are difficult to detect and have a long latency period. The victims must be able to prove that exposure to asbestos caused the disease and that the disease was the direct result of that exposure. Asbestos attorneys can present an argument that is convincing for their clients based on their extensive experience in this particular area of law. lewisville asbestos lawsuit can also negotiate directly with insurance companies, and also address defenses brought in court by defendants. This will ensure that their clients get an equitable settlement. Many asbestos cases are known as mass torts because they involve large groups of injured people against multiple defendants. The Judicial Panel on Multidistrict Litigation has taken on thousands of these 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 widespread in the United States that most people have come in contact with it at some point or another time. It requires a long-term and repeated exposure to asbestos for serious illnesses such as mesothelioma to develop. The time between initial exposure until diagnosis of mesothelioma can range between 10 and 60 years. The asbestos industry is implicated in a variety of class action lawsuits. The most well-known was that of Borel v. Fireboard Paper Products Corporation, which established the precedent of the strict liability of asbestos producers. In the beginning families sought compensation for a deceased loved one from firms that made asbestos-based items. Asbestos is composed of fibrous minerals that are found in nature. Asbestos was a well-known building material in the 1920s, and into the 1960s because it was fire, heat, and corrosion resistant. It's also durable, and cheap. Asbestos has been utilized in a variety of construction projects. It was sprayed on fire and sound insulation floor tiles, ceiling tile, roofing and siding shingles and pipe coating. Unfortunately, asbestos has been found to be a potent carcinogen that has the potential of producing mesothelioma and asbestosis, and lung cancer. These diseases can be caused by breathing in tiny asbestos fibers, which can infiltrate the lungs and stay in the lungs for a prolonged period leading to inflammation and scarring and eventually leading to cancerous tumors. 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. The Environmental Protection Agency regulates asbestos removal, including guidelines on proper handling, disposal, and testing of material that has been contaminated. In a few instances, family members of mesothelioma victims have sought compensation from companies that produced asbestos-based products with the claim that they were negligent in their marketing and product development practices. Mesothelioma can be a fatal disease with 90% mortality so it is imperative that patients 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, loss of wages, and suffering. The amount of compensation awarded depends on several factors, such as the severity the patient's condition or the time between exposure to asbestos and diagnosis. Many people diagnosed with mesothelioma or other asbestos-related diseases can be awarded substantial financial compensation. Asbestos attorneys can help determine compensation eligibility. They may review the patient's medical history as well as work history as well as the places they have worked. They can then use information from thousands of job sites and asbestos products to determine the extent and where a person was exposed to asbestos. Once 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 asbestos settlement is the most frequent way to resolve mesothelioma claims. A lawyer that specializes in asbestos will usually negotiate an agreement with the client within 90 days. Attorneys look at the total cost of care and the amount each client will suffer from asbestos-related disease when making a settlement. They take into account a range of costs, from transportation expenses to the cost of home health aids and complementary therapies. They also look at how much income and other assets the victim lost. The majority of people are diagnosed with Mesothelioma after their 70s. Asbestos-related illnesses can be a problem for victims 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 from insurers who have taken over the responsibility of asbestos producers. Mesothelioma and other asbestos-related diseases can be costly to treat. It can be a lonely experience for those affected. An experienced mesothelioma lawyer will assist in ensuring that every victim receives the maximum amount of compensation they are entitled to. In certain cases, compensation could reach millions of dollars. Asbestos victims who have lost a loved one to mesothelioma or another asbestos-related illness may also file a wrongful death lawsuit against the party responsible.