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What is an Asbestos Lawsuit? An asbestos lawsuit is a means for a victim and their family members to get compensation from companies responsible for their exposure. Compensation may take the form a jury verdict or settlement. A mesothelioma attorney with experience can help you choose the most appropriate type of lawsuit for your case. westminster asbestos law firm begins with filing a complaint. The defendants have a specific time to respond. Mesothelioma Mesothelioma is a type of cancer, affects the tissue layer that covers most of the internal organs in the body. Exposure to asbestos is the reason. The disease often occurs in the lung (pleural mesothelioma) however it can occur in the stomach the lining (peritoneal mesothelioma), heart, and testicles. The condition is extremely rare however, it can be extremely aggressive and can be fatal. Most people who have mesothelioma breathed asbestos dust while at work. The disease can take decades to begin to develop, and symptoms may not manifest for several years. In most cases, the initial symptom is shortness of breath or chest pain. Mesothelioma can't be treated however there are treatment options to ease symptoms and prolong the life span. Mesothelioma can be diagnosed based on a patient's medical history as well as physical examination, and laboratory tests. It is essential to inform your doctor about any asbestos-related exposure experience, as it may increase the likelihood of developing mesothelioma. The signs of mesothelioma can be mistaken for other illnesses. The first signs are shortness of breath, chest pain, and dry cough. They are similar to symptoms of lung diseases such as pneumonia and bronchitis. This makes it difficult to diagnose mesothelioma. Many patients are not diagnosed until the advanced stages of the disease which is when it becomes more difficult to treat. Scientists have identified a variety of elements that contribute to the formation of mesothelioma. Exposure to asbestos is the most well-known factor. Other pollutions in the environment, like arsenic, cadmium and arsenic, can be a cause of this disease too. Malignant mesothelioma can be classified into three types based on the number of cells affected. Pleural mesothelioma is the most commonly encountered form of disease. It affects the lining of the chest cavity (pleura) and lungs. Peritoneal Mesothelioma though less prevalent, is dangerous. It is located in the inside (peritoneum) of the stomach. It is a rare cancer that affects the testicles. Researchers continue to research the link between asbestos exposure and Mesothelioma. There is evidence that suggests that genetic mutations could affect a person's likelihood of developing the disease. In ongoing clinical trials, researchers are testing treatments that target mutations in genes. Asbestos Litigation Asbestos-related illnesses can cause financial hardship for the victims. Asbestos suits assist victims in getting the compensation they require to offset their expenses and restore their standard of living. The first step in a asbestos lawsuit is gathering evidence and identifying key defendants. This involves examining a victim's work history and determining what asbestos-related substances contributed to their condition. The victim's team will file mesothelioma suits against the responsible companies. The next stage in an asbestos lawsuit is the discovery process. Interviewing co-workers and looking at asbestos dust samples as well as examining the victim's medical records or laboratory tests are all involved in the process of discovery. Once a comprehensive database of employers, vendors, and products is created, possible defendants are identified. It could take a long time to complete this process depending on how long the victim has worked. This involves interviewing coworkers, family members or abatement workers, as well as going through various records, such as Social Security, union, documents regarding tax and employment. During the discovery stage, asbestos and other defendants can make procedural motions to revoke the plaintiff's claim. These typically center on technical issues, and are litigated by experienced attorneys in a timely manner. When a trial date has been set, victims must prove their injuries to the jury. This is a difficult task since mesothelioma as well as other asbestos-related illnesses are difficult to recognize. The victims must be able to show that their exposure to asbestos caused the illness, and that the disease was a direct result of that exposure. Asbestos lawyers can present a convincing argument for their clients based on their extensive experience in this field of law. They can also negotiate with insurance companies and take proactive steps to address the defenses raised by defendants to ensure that their client receives an equitable settlement offer. Mass torts are frequently 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 has combined thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. This litigation is presently ongoing in the Eastern District of Pennsylvania. Class Action Lawsuits Asbestos exposure is so common in the United States that most people have come across it at one time or another time. It requires repeated and prolonged exposure to asbestos for serious diseases such as mesothelioma develop. The time period between exposure and diagnosis of mesothelioma can range from 10 to 60 years. The asbestos industry has been implicated in several class action lawsuits. The most famous was Borel v. Fireboard Paper Products Corporation. This case established a strict liability for asbestos producers. In the early cases families were seeking compensation from companies who made asbestos-based products after the death of a loved one. Asbestos is an assortment of fibrous minerals that occur in the natural environment. Asbestos, which is invulnerable to heat, fire and corrosion, was a common material for building in the 1920s, and even into the 1960s. It's also durable and inexpensive. Asbestos has been utilized in a variety of construction projects. It was sprayed onto the sound and fire insulation floor tiles, ceiling tiles, roofing and siding shingles and pipe coatings. Asbestos is an extremely carcinogen that can cause asbestosis, mesothelioma and lung cancer. These illnesses are caused by asbestos fibers that enter the lungs for an extended period of time, causing inflammation and scarring. In certain situations asbestos may be released into the air when asbestos-containing materials are disturbed. This could happen in military, commercial, and residential buildings, as well as in bridges, highways, and ships. The Environmental Protection Agency regulates asbestos removal, including guidelines on proper handling, disposal, and testing of the material that is contaminated. In some cases, the family members of victims of mesothelioma have sought compensation from corporations which manufacture asbestos-based products. They claim that the companies were negligent in their product development and marketing. Mesothelioma is a terminal illness with an estimated mortality rate of 90 percent and it is therefore essential that victims seek compensation. A mesothelioma lawyer can help victims as well as their families and loved family members through the process of the legal process of suing negligent asbestos producers. Compensation Many asbestos victims are entitled to compensation for a variety of expenses that include medical bills, lost wages, as well as suffering and pain. The amount of compensation awarded depends on a variety of factors such as the severity the illness of the victim or the period between exposure to asbestos and diagnosis. People diagnosed with mesothelioma and other asbestos-related disorders are often eligible for significant financial awards. Asbestos lawyers can assist in determining the eligibility of compensation. They can look over the medical records of a patient, work history and the areas where they worked. They can also use data from thousands of asbestos-related products and job sites to find out where and how a person was affected by asbestos. After obtaining this information, lawyers will file a suit against the trust fund or asbestos manufacturer. This is usually done at the state level. Most mesothelioma cases end up being resolved via an asbestos settlement, rather than a trial. An asbestos lawyer can typically reach a settlement within 90 days. Attorneys take into account the total cost of treatment and the amount that each client will suffer from their asbestos-related illness when making the settlement. They evaluate a broad range of expenses, from transportation to home health aids and complementary therapies. They also assess how much a person has lost in income and other assets. It can take between 10 and 50 years before symptoms begin to manifest and most people are diagnosed with mesothelioma within their 70s. Asbestos-related diseases can also affect victims in their 40s or 50s. Asbestos sufferers can claim compensation from the companies who exposed them to the toxic substance as well as from asbestos trust funds and even from insurers that have taken over the responsibility for asbestos-related manufacturers. Treatment for asbestos-related diseases and mesothelioma may be costly. It can also be a lonely experience for those affected. A top mesothelioma lawyer can ensure that every victim receives the full compensation that they deserve. In some cases, the compensation can be as high as millions of dollars. Asbestos victims who have lost a loved one to mesothelioma or an asbestos-related disease can also pursue a wrongful death lawsuit against the person responsible.