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What is an Asbestos Lawsuit? An asbestos lawsuit is a way for a victim and their family to receive compensation from the companies responsible for their exposure. Compensation could take the form of a verdict by a jury or settlement. A mesothelioma lawyer with experience can help you determine the most appropriate type of lawsuit for your situation. The process begins with filing an initial complaint. The defendants are given a short time to respond. Mesothelioma Mesothelioma is a kind of cancer that affects the thin layer of tissue that covers the majority of the organs in the body's interior. Exposure to asbestos is the cause. The disease is usually present in the lungs but it can also affect the stomach lining, the heart and testicles (peritoneal mesothelioma pleural). The condition is rare but it is extremely serious and often fatal. The majority of mesothelioma patients have worked in jobs where they inhaled asbestos dust. The disease can take a long time to develop and symptoms may not show up for years. In most cases, the first symptom is a feeling of shortness of breath or chest pain. Mesothelioma is not curable however, there are treatments to relieve symptoms and prolong the lifespan. Mesothelioma can be diagnosed on the medical history of a patient, physical exam, and laboratory tests. It is crucial to discuss any past exposure to asbestos with your doctor since it may increase the risk of developing the disease. The symptoms of mesothelioma can be mistaken for other illnesses. Early signs include shortness of breath, chest pain and dry cough. These are similar to those of lung diseases such as pneumonia or bronchitis. This makes mesothelioma hard to identify. Many patients are not diagnosed until advanced stages of the disease, which is when it becomes more difficult to treat. Scientists have identified a range of factors that may cause mesothelioma to develop. Exposure to asbestos is among the most well-known cause. Other contaminants in the environment, such as arsenic and cadmium, can cause this illness too. The three malignant types of mesothelioma are determined by which cells are affected. Pleural mesothelioma is the most commonly encountered form of disease. It affects the chest cavity's lining (pleura) and the lungs. Peritoneal mesothelioma is less common but is still a serious condition. It occurs in the lining of the stomach (peritoneum). It is a rare 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 risk of developing mesothelioma. Clinical trials testing drugs that target these gene mutations are ongoing. Asbestos Litigation Asbestos-related ailments can cause financial hardship to victims. lowell asbestos lawyer can help victims receive the money they need to pay for their expenses and improve their standard of living. The first step in an asbestos lawsuit is to gather evidence and identifying the key defendants. This involves reviewing the work history of the victim and determining if asbestos-related products contributed to their condition. The victim's legal team will make mesothelioma claims against the responsible companies. The next phase of an asbestos lawsuit is the discovery process. Interviewing colleagues and studying asbestos dust samples and also reviewing the victim's medical documents or laboratory tests are all involved in the process of discovery. Once a database of employers, vendors and products is created and maintained, it is possible to use it to identify potential defendants. This could take several years depending on the victim's employment background. It involves speaking with family members, co-workers, abatement workers and reviewing a variety of records which include Social Security, tax, union and employer documents. During the discovery phase, asbestos and other defendants might file procedural motions seeking to disqualify the plaintiff's claim. They typically focus on technical issues and are contested by skilled lawyers in a timely manner. Once a trial date has been set, victims must prove their injuries to jurors. This can be a difficult task, because mesothelioma and other asbestos-related diseases are hard to diagnose and have a long time of latency. Victims must be able to prove that their exposure to asbestos caused the disease and that the disease was the direct result of the exposure. Asbestos lawyers can present an argument that is convincing for their clients based on their extensive knowledge of this area of law. They can also directly negotiate 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 called mass torts due to the fact that they involve large numbers of injured victims against multiple defendants. The Judicial Panel on Multidistrict Litigation has combined thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. This litigation is currently pending in the Eastern District of Pennsylvania. Class Action Lawsuits Asbestos exposure is so common in the United States that most people have been exposed to it at one point or at some point. It requires repeated and prolonged exposure to asbestos for severe diseases such as mesothelioma develop. The latency period from initial exposure until diagnosis of mesothelioma can range between 10 and 60 years. The asbestos industry has been involved in numerous class action lawsuits. The most famous one was Borel v. Fireboard Paper Products Corporation. This case established the strict liability of asbestos producers. In the early cases families demanded compensation from companies which made asbestos-based products in the death of a loved one. Asbestos is a group of fibrous minerals which are found in the natural world. Asbestos, which is resistant to fire, heat, and corrosion, was a popular material for construction in the 1920s and into the 1960s. It's also strong and inexpensive. Asbestos is used in many construction projects. It was sprayed onto the sound and fire insulation, floor tiles, ceiling tiles, roofing and siding shingles and pipe coatings. Unfortunately asbestos has been discovered to be a potent carcinogen, capable of creating mesothelioma, lung cancer, and asbestosis. These illnesses result from asbestos fibers which can get into the lungs for a long period of time, causing inflammation and scarring. In some instances asbestos can release into the air when asbestos-containing materials are disturbed. This can happen in military, commercial and residential structures, as well as in bridges, roads, and even ships. Asbestos removal is managed by the Environmental Protection Agency, which includes guidelines that address proper handling, disposal, and testing of materials that are contaminated. In a few cases, relatives of those who have been affected by mesothelioma have sought compensation from companies that make asbestos-based products. They claim that the companies were negligent with their product development and marketing. Mesothelioma is a terminal illness with 90% mortality so it is imperative that victims seek compensation. An experienced mesothelioma attorney can help victims and their family relatives through the entire process of seeking compensation from negligent asbestos manufacturers. Compensation Many asbestos victims are entitled to compensation for a wide range of expenses, including medical bills, lost wages and suffering. The amount of compensation varies on a variety of factors such as the severity of the illness of the victim or the period between exposure to asbestos and diagnosis. Patients diagnosed with mesothelioma or other asbestos-related illnesses are typically eligible to receive substantial financial awards. Asbestos lawyers can assist in determining eligibility for compensation. They may review the medical history of the patient, work history, and the locations where they have worked. They can use information from thousands of asbestos-related products and job sites to determine if and how an individual was affected by asbestos. After the lawyers have gathered this information, they'll bring a lawsuit against an asbestos producer or trust fund. This is generally done at the state level. The asbestos settlement is the most common method of settling mesothelioma claims. A lawyer who specializes in asbestos will usually negotiate the settlement with a client within 90 days. Attorneys consider the total cost of treatment and the amount that each patient will suffer from asbestos-related disease when making an agreement. They consider a range of costs that range from transportation expenses to aids at home and other complementary therapies. 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 show up and most patients are diagnosed with mesothelioma by their 70s. Asbestos-related illnesses also affect victims in their 40s and 50s. Asbestos victims can seek compensation from the companies that exposed them toxic substance or asbestos trust funds, and even from insurers that have assumed the responsibility for asbestos-related manufacturers. Treatment of asbestos-related ailments and mesothelioma is costly. It can be a very lonely time for those who are affected. A mesothelioma lawyer of the top quality can help ensure that every victim receives the full amount they deserve. In some cases, compensation can reach millions of dollars. Asbestos victims whose loved ones have died from mesothelioma or other asbestos-related disease, may file a wrongful death suit against the person responsible.