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What is an Asbestos Lawsuit? An asbestos lawsuit can be a way for the victim or their family members to get compensation from the companies responsible for their exposure. Compensation could take the form of a jury verdict or settlement. A mesothelioma lawyer who has experience will help you decide on the best type of lawsuit to suit your situation. The process begins by filing an initial complaint. The defendants are given a certain time frame to respond. Mesothelioma Mesothelioma, a form of cancer, affects the thin tissue layer that covers most of the internal organs of the body. Exposure to asbestos can trigger the disease. The disease usually manifests in the lungs (pleural mesothelioma) but it can also occur in the stomach lining (peritoneal mesothelioma) or in the heart as well as testicles. The condition is extremely rare however it can be very serious and usually fatal. The majority of people diagnosed with mesothelioma have been employed in jobs where they inhaled asbestos dust. It takes a long time for the disease to develop, and symptoms may not manifest until years after exposure. In the majority of instances, the first sign is a shortness of breath or chest pain. Mesothelioma cannot be treated however there are ways to alleviate symptoms and prolong the lifespan. A patient may be diagnosed with mesothelioma through medical history, physical examination and laboratory tests. It is important to discuss any past exposure to asbestos with a doctor, because it can increase the risk of developing the disease. The symptoms of mesothelioma may be mistaken for other illnesses. Early symptoms include shortness of breath, chest pain and dry cough. These are similar to those of lung disorders such as pneumonia and bronchitis. This makes mesothelioma a challenge to recognize. Many patients are not diagnosed until later stages of the disease when it becomes more difficult to treat. Scientists have identified a range of factors that can contribute to the development mesothelioma. The exposure to asbestos is the most well-known cause. However, other environmental contaminants like arsenic and cadmium can cause the disease. Malignant mesothelioma can be classified into three kinds based on the types of cells affected. Pleural mesothelioma, the most frequent form of the disease. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal Mesothelioma is not as common, is dangerous. It occurs in the stomach's lining (peritoneum). Testicular mesothelioma is extremely rare and is found in the testicles. Researchers continue to investigate the relationship between asbestos exposure and mesothelioma. There is evidence that suggests that gene mutations could influence the risk of developing mesothelioma. Ongoing clinical trials are testing drugs that target mutations in genes. Asbestos Litigation In addition to the physical pain caused by asbestos-related diseases the victims are often faced with financial burdens due to the loss of income. Asbestos lawsuits allow victims to recover the compensation they need to cover these costs and restore their standard of living. The first step in a lawsuit involving asbestos is gathering evidence and identifying the defendants. This includes reviewing the work history of the victim and determining the way in which asbestos-related products caused their illness. A victim's team will then bring mesothelioma lawsuits against the responsible firms. The next step in an asbestos lawsuit is the discovery process. Interviewing co-workers and looking at asbestos dust samples as well as reviewing a victim's medical records or laboratory tests are all part of the discovery process. Once an inventory of employers, vendors and products is created and maintained, it can be used to find potential defendants. It may take several years to complete this process depending on how long the victim has worked. This involves interviewing coworkers, family members Abatement workers, and looking over various records including Social Security, union, documents regarding tax and employment. During the process of discovery, asbestos and other defendants may make procedural motions to dismiss the plaintiff's case. These motions usually are based on technical issues and are challenged by skilled attorneys. After a trial date is set, victims have to prove their injuries to a jury. This can be a difficult task due to the fact that mesothelioma and other asbestos-related diseases are difficult to detect and can have a long duration of latency. The patient must demonstrate that exposure to asbestos was the cause of the condition and that it was a direct consequence. Asbestos lawyers can provide a compelling argument for their clients based on their vast experience in this field of law. They can also directly negotiate with insurance companies, and also address defenses brought in the court by defendants. This will ensure that their clients get an equitable settlement. Mass torts are typically used to describe asbestos cases, due to the fact that they involve large groups of injured 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 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 repeated and long-term exposure to asbestos for severe diseases such as mesothelioma develop. The time from the first exposure to diagnosis of mesothelioma may range between 10 to 60 years. The asbestos industry has been involved in a number of class action lawsuits. The most well-known case was that of Borel v. Fireboard Paper Products Corporation which set the precedent of the strict liability of asbestos producers. In the beginning, families demanded compensation from companies which made asbestos-based products after the loss of loved ones. Asbestos is a group of fibrous minerals found in the natural world. Asbestos, which is invulnerable to fire, heat and corrosion, was a popular building material in the 1920s and in the 1960s. It's also strong and inexpensive. Asbestos was used in numerous 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 causing mesothelioma, lung cancer, and asbestosis. These illnesses can be caused by breathing asbestos fibers that can be absorbed into the lungs and remain for a long time, causing scarring and inflammation and eventually causing cancerous tumors. Asbestos may be released into the air when asbestos-containing materials are disturbed. This can happen in residential, commercial, and military structures as well as contaminated highways and bridges. Asbestos removal is managed by the Environmental Protection Agency, which includes guidelines that address proper disposal, handling and testing of materials that are contaminated. In certain cases, family members of mesothelioma patients have sought compensation from the corporations that manufactured asbestos-based products in the belief that they were negligent in their marketing and product development practices. livermore asbestos lawyer have a 90% mortality rate, which makes it a terminal disease. It is crucial that victims seek compensation. An experienced mesothelioma lawyer can help victims and their family relatives through the entire process of seeking compensation from negligent asbestos manufacturers. Compensation Many asbestos victims are eligible for compensation for medical expenses or lost wages as well as suffering. The amount of compensation is determined depending on a number of factors, including the severity of each individual's condition and the length of time between exposure and diagnosis. Patients diagnosed with mesothelioma or other asbestos-related illnesses are typically entitled to significant financial awards. Asbestos lawyers can help determine the eligibility to receive compensation. They can look over a patient's medical records, work history and the areas where they worked. They can 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 file a suit against a trust fund or asbestos manufacturer. The process is generally handled at the state level. The asbestos settlement is the most commonly used way to resolve mesothelioma claims. An asbestos lawyer is able to reach a settlement in 90 days. Attorneys look at the total cost of care and the amount that each patient will suffer from asbestos-related illness when making an agreement. They take into account many costs, from transportation expenses to the cost of home health aids and complementary therapies. They also assess the amount a person has lost in income and other personal assets. The majority of people are diagnosed with Mesothelioma after their 70s. Asbestos-related diseases can also affect victims who are in their 40s or 50s. Asbestos victims can recover compensation from the companies that exposed them to the toxic substance and asbestos trust funds, and even from insurance companies that have taken over the responsibility of asbestos producers. Mesothelioma and other asbestos-related diseases are costly to treat. It can be a lonely time for those affected. An experienced mesothelioma lawyer will help ensure 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 whose loved ones have died from mesothelioma, or an asbestos-related disease, can also make wrongful death claims against the responsible party.