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What is an Asbestos Lawsuit? An asbestos lawsuit is a method for a victim and their family members to get compensation from the companies that caused their exposure. Compensation may be in the form of a jury verdict or settlement. A mesothelioma lawyer who has experience will help you decide on the most appropriate type of lawsuit for your case. The process starts with the filing of a complaint. The defendants have a short period of time to respond. Mesothelioma Mesothelioma is a type of cancer that affects the thin layer of tissue that covers a lot organs in the organs in the body's interior. Exposure to asbestos is the cause. The disease usually manifests in the lung (pleural mesothelioma) however it can occur in the stomach liner (peritoneal mesothelioma) or in the heart as well as testicles. The condition is rare but it is a serious condition and usually fatal. Most people who suffer from mesothelioma ingested asbestos dust at work. The disease can take a long time to begin to develop, and symptoms may not be apparent for a long time. In most cases, chest pain or shortness of breathe are the first signs. Mesothelioma is not curable, but there are treatments to alleviate symptoms and prolong the life. Mesothelioma is diagnosed based on the medical history of a patient, physical exam, and laboratory tests. It is essential to discuss any past exposure to asbestos with a doctor as it could increase the risk of developing the disease. The symptoms of mesothelioma can be particular and may be confused with other illnesses. The first signs are chest pain, shortness of breath, and dry cough. These are similar to those of lung disorders like pneumonia and bronchitis. This makes mesothelioma very difficult to detect. Many patients are not diagnosed until the advanced stages of the disease, when it becomes more difficult to treat. Scientists have identified a variety of elements that contribute to the formation of mesothelioma. The most common factor is exposure to asbestos. However, other environmental pollutants like cadmium and arsenic can also cause the disease. The three forms of malignant mesothelioma depend on the type of cells are affected. Pleural mesothelioma which is the most common type of the disease is the most common. It affects the lining of the chest cavity (pleura) and lungs. Peritoneal mesothelioma is less common however it is still very serious. It is found in the stomach's lining (peritoneum). It is a rare cancer that affects the testicles. Researchers continue to investigate the link between asbestos exposure and Mesothelioma. Some evidence suggests that mutations in genes can affect the likelihood of developing the disease. Clinical trials to test drugs that target these gene mutations are ongoing. Asbestos Litigation Asbestos-related illnesses can create financial hardship for the victims. Asbestos lawsuits allow victims to recover the money they need to offset these expenses and improve their life quality. The initial step of an asbestos lawsuit is to gather evidence and identifying the primary defendants. This involves reviewing the work history of the victim and determining what asbestos-related substances caused their illness. A victim's team of trial lawyers will then make a mesothelioma claim against the responsible companies and manufacturers. The discovery phase is the next step in a asbestos lawsuit. Interviewing co-workers and analyzing asbestos dust samples, as well as reviewing victim's medical records or laboratory tests are all involved in the process of discovery. Once a comprehensive database of employers, products and vendors is created, potential defendants are identified. It could take a long time to complete this process dependent on the length of time the victim has been employed. This includes interviewing family members, coworkers Abatement workers, and studying various records, such as Social Security, union, tax and employer records. In the process of discovery, asbestos and other defendants may present procedural motions to dismiss the plaintiff's claims. They usually revolve around technical issues and are litigated by experienced lawyers in a timely manner. After a trial date has been set, victims will have to demonstrate their injuries before an audience of jurors. This is a difficult task due to the fact that mesothelioma and other asbestos-related diseases are difficult to recognize. The patient must show that the exposure to asbestos was the cause of the disease and that it was a direct result. Asbestos lawyers can present an argument that is convincing for their clients based on their extensive experience in this field of law. They can also deal with insurance companies, and actively address defenses raised by defendants to ensure that their clients receive an appropriate settlement offer. washington asbestos attorneys are classified as mass torts because they involve large groups of injured individuals against multiple defendants. The Judicial Panel on Multidistrict Litigation has brought together thousands of asbestos cases into MDL 875, In Re Asbestos Products Liability Litigation. The litigation is currently in progress in the Eastern District of Pennsylvania. Class Action Lawsuits In the United States, asbestos exposure is so widespread that the majority of people have been exposed at some time or another. It takes repeated and prolonged exposure to asbestos before it can cause serious diseases like mesothelioma. The time period between the initial exposure to the diagnosis of mesothelioma may range between 10 to 60 years. The asbestos industry is involved in a variety of class action lawsuits. The most well-known was Borel v. Fireboard Paper Products Corporation which set the precedent of strict liability for asbestos producers. In the early cases families were seeking compensation for the death of a loved one from the companies that made asbestos-based products. Asbestos is an assortment of fibrous minerals that occur in the natural world. Asbestos, which is impervious to heat, fire and corrosion, was a popular material for building in the 1920s and into the 1960s. It's also strong and inexpensive. Asbestos was used in many different construction projects, such as applied to fire and sound insulation pipe coating, floor tiles, ceiling tiles, and roofing and siding shingles. Asbestos is a carcinogen that is that is capable of causing asbestosis mesothelioma, and lung cancer. These illnesses can be triggered by breathing in tiny asbestos fibers, that can be absorbed into the lungs and remain there for a long time leading to inflammation and scarring and eventually leading to cancerous tumors. Asbestos is released into the air if asbestos-containing substances are disturbed. This can occur in military, commercial and residential structures, as well as in contaminated highways, bridges, and ships. Asbestos removal is controlled by the Environmental Protection Agency, which has guidelines on the proper disposal, handling, and testing of materials that are contaminated. In some instances, the families of victims of mesothelioma have sought compensation from corporations that make asbestos-based products. They claim that the companies were negligent with their product development and marketing. Mesothelioma can be a fatal disease with a 90 percent mortality rate so it is imperative that victims seek compensation. A mesothelioma lawyer can help victims as well as their families and loved family members through the process of taking action against negligent asbestos manufacturers. Compensation Many asbestos victims can claim compensation for medical expenses, lost wages, and suffering. The amount of compensation offered is depending on a number of factors that include the degree of condition and the length of time between exposure and diagnosis. Anyone diagnosed with mesothelioma, or other asbestos-related diseases are often eligible for substantial financial awards. Asbestos lawyers can help determine the right to compensation. They can examine the medical records of a patient, work history and the places they worked. They can then use information from thousands of asbestos-related sites and products to determine when and where a person was exposed to asbestos. After obtaining this information lawyers will then file a suit against a trust fund or asbestos manufacturer. This is usually handled at the state-level. The asbestos settlement is the most popular method to settle mesothelioma lawsuits. A lawyer that specializes in asbestos is able to negotiate the settlement with a client within 90 days. When making an asbestos settlement, lawyers take into account how much each client has been affected through their illness and what the total cost of care will be. They consider a wide range of costs, ranging from transportation to home health aids, as well as complementary therapies. They also consider how much income and other assets a victim lost. Most people are diagnosed with Mesothelioma in their 70s. However, patients in their 40s and 50s could also suffer from asbestos-related illnesses. Asbestos-related victims might be able recover compensation from companies who exposed them, asbestos trust funds, and even insurance companies who have assumed the liability of asbestos producers. Mesothelioma and other asbestos-related ailments can be very expensive to treat. It can be a very lonely time for those suffering. A reputable mesothelioma lawyer will help ensure that every victim receives all the compensation that they deserve. In certain cases, the amount received is in the thousands of dollars. Asbestos victims who have lost a loved one to mesothelioma or another asbestos-related disease may also pursue wrongful death lawsuits against the party responsible.