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What is an Asbestos Lawsuit? A lawsuit against asbestos-related firms is a wonderful way for families of victims to obtain compensation. Compensation can take the form of a verdict by a jury or settlement. A mesothelioma lawyer who is experienced will be able to determine which lawsuit is suitable for your specific situation. The process begins with the filing of a complaint. Defendants have a limited time frame to respond. Mesothelioma Mesothelioma is a type of cancer, affects the tissue layer that covers the majority of the internal organs in the body. Exposure to asbestos can trigger the disease. The disease often occurs in the lungs (pleural mesothelioma) but it can also occur in the stomach the lining (peritoneal mesothelioma), heart, and testicles. The condition is not common, but it is aggressive and usually fatal. Most people who suffer from mesothelioma inhaled asbestos dust at work. The disease can take a long time to be diagnosed and symptoms may not be apparent for a long time. In the majority of cases, the first sign is a shortness of breath or chest pain. Mesothelioma cannot be treated However, there are treatments that can relieve symptoms and prolong the duration of life. Mesothelioma can be diagnosed on the medical history of a patient, physical exam, and laboratory tests. It is important to discuss any previous exposure to asbestos with your doctor since it may increase the risk of developing the disease. The symptoms of mesothelioma aren't particularly specific and are often mistaken for other diseases. The initial signs include chest pain, shortness of breathe, and a dry cough. These symptoms are similar to those experienced with lung disorders such as bronchitis or pneumonia. This makes it difficult for doctors to diagnose mesothelioma. A majority of patients are diagnosed in the later stages of the disease, when the disease is more difficult to diagnose. Scientists have identified many contributing factors to the growth of mesothelioma. The most common factor is exposure to asbestos. However, other environmental pollutants like arsenic and cadmium can cause the disease. The three types of malignant mesothelioma are based on which cells are affected. Pleural mesothelioma is the most prevalent form of the disease. It is found in the lining of the chest cavity and the lungs (pleura). Peritoneal Mesothelioma is less frequent, is extremely serious. It is found in the lining of the stomach (peritoneum). It is a rare type of cancer that affects the testicles. Researchers continue to study the link between asbestos exposure and Mesothelioma. There is evidence suggesting that gene mutations could influence the chance of developing mesothelioma. Clinical trials are currently underway to test the effects of drugs targeting gene mutations. Asbestos Litigation In addition to the physical pain caused by asbestos-related diseases victims also face financial hardship as a result of the loss of income. Asbestos lawsuits can help victims receive the compensation they need to pay for these expenses and improve their life quality. The first stage in a asbestos lawsuit is gathering evidence and identifying key defendants. This includes reviewing the history of a victim's employment and determining if asbestos-related products caused their illness. The victim's team will start mesothelioma lawsuits against responsible companies. The next stage of an asbestos lawsuit is the discovery process. Interviewing co-workers and studying asbestos dust samples as well as reviewing a victim's medical documents or laboratory tests are all part of the discovery process. Once the database of employers, vendors and products is established it is possible to use it to identify potential defendants. It can take a long time, dependent on the victim's job background, and includes interviewing family members, co-workers and abatement workers as well as reviewing several records such as Social Security, tax, union and employer records. During the discovery phase, asbestos and other defendants may file procedural motions to dismiss a plaintiff's claim. They typically focus on technical issues and are litigated by experienced attorneys in a timely fashion. Once a trial date has been set, the victims must prove their injuries before an audience of jurors. This can be a difficult task, because mesothelioma and other asbestos-related diseases are difficult to detect and can have a long latency period. The patient must demonstrate that exposure to asbestos was the cause of the disease and that it was a direct result. Asbestos lawyers can provide an argument that is convincing for their clients based on their extensive experience in this area of law. They can also negotiate with insurance companies and address defenses raised by defendants to ensure that their clients receive a fair settlement. Mass torts are typically used to describe asbestos cases, because they involve large numbers of victims who are harmed by multiple defendants. The Judicial Panel on Multidistrict Litigation consolidated thousands of asbestos cases into MDL 875 In Re Asbestos Products Liability Litigation. jackson asbestos attorneys is currently ongoing in the Eastern District of Pennsylvania. Class Action Lawsuits Asbestos exposure is so widespread in the United States that most people have come into contact with it at one time or another. It takes continuous and prolonged exposure to asbestos for it to cause mesothelioma-related illnesses that are serious. The time from the initial exposure to the diagnosis of mesothelioma could be between 10 to 60 years. The asbestos industry has been involved in several class action lawsuits. The most famous case was that of Borel v. Fireboard Paper Products Corporation which set the precedent of strict liability for asbestos producers. In the early cases families sought compensation from companies that produced asbestos-based products for the death of loved ones. Asbestos is a class of fibrous minerals found in the natural world. Asbestos is resistant to fire, heat, and corrosion, was a popular material for building materials in the 1920s, and even into the 1960s. It's also strong and affordable. Asbestos was used in a variety of construction projects. It was sprayed onto fire and sound insulation, floor tiles, ceiling tiles roofing and siding shingles, and pipe coating. Unfortunately asbestos has been proven to be a potent carcinogen capable of producing mesothelioma and lung cancer, and asbestosis. These illnesses are caused by asbestos fibers that can enter the lungs for a prolonged period of time, causing inflammation and scarring. Asbestos may be released into the air if asbestos-containing materials are disturbed. This can occur in commercial, residential, and military structures, as well contaminated highways and bridges. The Environmental Protection Agency regulates asbestos removal, with guidelines for proper handling, disposal, and testing of contaminated material. In some cases, the family members of victims of mesothelioma have sought compensation from companies that manufacture asbestos-based products. They claim that the firms were negligent in their product development and marketing. Mesothelioma has a 90% mortality rate and is a terminal illness. It is important that patients seek compensation. A mesothelioma lawyer with experience can guide victims and their loved families through the entire process of seeking compensation from negligent asbestos manufacturers. Compensation Many asbestos victims can receive compensation for medical bills or lost wages as well as suffering. The amount of compensation is contingent on a variety of factors like the severity of the patient's condition or the period between exposure to asbestos and diagnosis. People diagnosed with mesothelioma and other asbestos-related illnesses are typically eligible to receive large financial rewards. Asbestos lawyers can help determine compensation eligibility. They can look over the patient's medical history as well as work history as well as the places they have worked. They may use information from thousands of asbestos-related products and work sites to determine where and how an individual was affected by asbestos. After gathering this information, the lawyers will then file a suit against a trust fund or asbestos manufacturer. This usually happens at the state level. The asbestos settlement is the most common method to settle mesothelioma cases. A lawyer who specializes in asbestos will usually negotiate an agreement with a client within 90 days. Attorneys look at the total cost of treatment and how much each client will suffer from asbestos-related illness when trying to negotiate the settlement. They take into account a range of costs including transportation costs to the cost of home health aids and complementary therapies. They also take into account how much a person has lost in income and other personal assets. It takes 10-50 years for symptoms to surface and most people diagnosed with mesothelioma are in their 70s. However, those in their 40s and 50s can also suffer from asbestos-related illnesses. Asbestos-related victims can get compensation from the companies that exposed them to the toxic substance or asbestos trust funds, and from insurers who have taken over the responsibility for asbestos-related manufacturers. Treatment of asbestos-related ailments and mesothelioma can be expensive. It can also be a lonely experience for those afflicted. An experienced mesothelioma lawyer will ensure that every victim gets the full compensation they are entitled to. In certain instances, the amount received is in the thousands of dollars. Asbestos victims of loved ones who died from mesothelioma or other asbestos-related illness, can pursue wrongful-death suits against the person responsible.