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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 companies that caused their exposure. Compensation could take the form of a verdict by a jury or settlement. A mesothelioma lawyer who is experienced will determine which lawsuit is suitable for your situation. The process begins by the filing of an initial complaint. The defendants have a limited time to respond. Mesothelioma Mesothelioma, a form of cancer, affects the tissue layer that covers most of the internal organs of the body. It is caused by exposure to asbestos. The disease is usually found in the lungs, however, it can also affect stomach lining, the heart, and testicles (peritoneal mesothelioma of the pleural). The condition is uncommon, but severe and often fatal. The majority of people diagnosed with mesothelioma have worked on jobs where they breathed asbestos dust. It takes a long time for disease to manifest and symptoms may not appear for years after exposure. In most instances, chest pain or breathing problems are the first signs. Mesothelioma is not curable but there are therapies which can ease symptoms and prolong life. A patient may be diagnosed with mesothelioma based on medical history, physical examination, and laboratory tests. It is crucial to inform your doctor about any asbestos-related exposure history, as it can increase the likelihood of developing mesothelioma. The symptoms of mesothelioma aren't necessarily specific and could be mistaken for other illnesses. The first signs are chest pain, shortness of breath, 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 not diagnosed until the later stages of the disease when it becomes more difficult to treat. Scientists have identified a variety of causes that could cause mesothelioma to develop. Exposure to asbestos is the most well-known one. However, other environmental pollutants such as cadmium and arsenic can also cause the disease. Malignant mesothelioma is classified into three types based on the cells affected. Pleural mesothelioma is the most common type of the disease is the most widespread. It affects the lining of the chest cavity (pleura) and lungs. fort myers asbestos attorneys , although not as common, is extremely serious. It is located in the interior (peritoneum) of the stomach. It is a rare cancer that affects the testicles. Researchers continue to study the connection between asbestos exposure and Mesothelioma. Some evidence suggests that genetic mutations can influence the chance of developing mesothelioma. Clinical trials are currently underway to test medications that target gene mutations. Asbestos Litigation In addition to the physical pain as a result of asbestos-related diseases patients often experience financial hardship due to loss of income. Asbestos suits can help victims receive the money they need to pay for their expenses and improve their quality of life. The initial step of an asbestos lawsuit is gathering evidence and identifying the primary defendants. This involves reviewing the victim's past work history and determining if asbestos-related products were responsible for their illness. A victim's team of trial lawyers will then start a mesothelioma suit against the responsible companies and manufacturers. The next stage in an asbestos lawsuit is the discovery process. This includes interviewing coworkers, looking at asbestos dust samples, and examining the medical records of the victim and laboratory tests. Once a comprehensive database of employers, vendors, and products is compiled, potential defendants are identified. This can take years, depending on the victim's work background. It involves speaking with co-workers, relatives, abatement workers and reviewing different documents which include Social Security, tax, union and employer documents. During the discovery stage, asbestos and other defendants might submit procedural motions to disqualify a plaintiff's case. These motions are usually made based on technical issues, and are challenged by experienced lawyers. Once a trial date has been set, victims have to prove their injuries before a jury. This can be a difficult task as mesothelioma and other asbestos-related illnesses are difficult to identify. Victims must prove that their exposure to asbestos caused the disease, and that the illness was a direct consequence of that exposure. Asbestos attorneys can present a compelling argument for their clients based on their extensive experience in this particular area of law. They can also deal with insurance companies, and address defenses that defendants raise to ensure that their client receives an equitable settlement offer. Mass torts are commonly used to describe asbestos cases, due to the fact that they involve large groups 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. This litigation is currently taking place in the Eastern District of Pennsylvania. Class Action Lawsuits In the United States, asbestos exposure is so widespread that most people have been exposed to it at some time or another. It requires a long-term and repeated exposure to asbestos for serious diseases such as mesothelioma develop. The time period between the initial exposure to the diagnosis of mesothelioma could be between 10 to 60 years. The asbestos industry is implicated in a number 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 were seeking compensation for the death of a loved one from the companies that produced asbestos-based products. Asbestos is one of the fibrous minerals found in the natural world. Asbestos, which is invulnerable to fire, heat, and corrosion, was a common building material in the 1920s, and even in the 1960s. It's also strong, and cheap. Asbestos is used in a variety of construction projects. It was sprayed on the sound and fire insulation floor tiles, ceiling tile, roofing and siding shingles, and pipe coatings. Asbestos is a powerful carcinogen that can cause asbestosis, lung cancer and mesothelioma. These diseases are caused by asbestos fibers that enter the lungs for a long period of time, causing inflammation and scarring. Asbestos is released into the air when asbestos-containing materials are disturbed. This could happen in commercial, military and residential structures, as well as on bridges, highways, and even ships. Asbestos removal is managed by the Environmental Protection Agency, which includes guidelines that address proper handling, disposal and testing of contaminated materials. In a few cases, families of victims of mesothelioma have sought compensation from corporations that manufacture asbestos-based products. They claim that the corporations were negligent in their product development and marketing. Mesothelioma has a 90percent mortality rate and is a terminal illness. It is important that patients seek compensation. An experienced mesothelioma lawyer can guide victims and their loved families through the entire process of seeking compensation from negligent asbestos manufacturers. Compensation Many asbestos victims are entitled to compensation for a variety of expenses which include medical bills lost wages, as well as suffering. The amount of compensation varies according to a variety of factors, including the degree of condition and the length of time between exposure and diagnosis. Those diagnosed with mesothelioma or other asbestos-related diseases are usually qualified to receive significant financial compensation. Asbestos lawyers can help determine the eligibility for compensation. They can review the medical records of a patient, work history and locations where they worked. They can also use data from thousands of asbestos-related products and job sites to determine if and how a person was affected by asbestos. Once the lawyers have gathered the necessary information, they'll file a lawsuit against an asbestos producer or trust fund. This is generally done at the state level. The majority of mesothelioma cases end up being resolved through an asbestos settlement rather than a trial. A lawyer for asbestos can usually reach a settlement within 90 days. When negotiating an asbestos settlement, lawyers take into account how much each client has suffered through their illness and what the total cost of care will be. They consider a wide range of costs from transportation to home health aids, as well as complementary therapy. They also consider how much a victim has lost in income and other assets. It can take 10 to 50 years before symptoms begin to manifest The majority of patients diagnosed with mesothelioma are in their 70s. However, people in their 40s and 50s could also suffer from asbestos-related diseases. Asbestos victims can recover compensation from the companies that exposed them to the toxic substance as well as from asbestos trust funds, and even from insurers who have taken over responsibility for asbestos manufacturers. Treatment of asbestos-related diseases and mesothelioma can be expensive. It can also be a lonely experience for those afflicted. A reputable mesothelioma lawyer will assist in ensuring that each victim receives the maximum amount of compensation they deserve. In certain cases, compensation can be as high as millions of dollars. Asbestos victims of loved ones who died from mesothelioma, or another asbestos-related illness, can bring a wrongful death lawsuit against the person responsible.