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What is an Asbestos Lawsuit? An asbestos lawsuit is a means for a victim or family members to receive compensation from companies responsible for their exposure. Compensation could take the form a jury verdict, settlement or a settlement. An experienced mesothelioma attorney can help you determine which lawsuit is best for your situation. The process begins with the filing of an initial complaint. The defendants have a short period of time to respond. Mesothelioma Mesothelioma is a kind of cancer that affects the thin layer of tissue that covers a lot of the body's internal organs. Exposure to asbestos is the reason. The disease usually manifests in the lungs (pleural mesothelioma) but it can also occur in the stomach and stomach lining (peritoneal mesothelioma) as well as the heart and testicles. The condition is uncommon however, it can be extremely aggressive and, in most cases, fatal. Most people who suffer from mesothelioma inhaled asbestos dust at work. It can take decades for the disease to develop and symptoms can not manifest until years after exposure. In the majority of cases, the first symptom is breathlessness or chest pain. Mesothelioma cannot be cured however there are ways to relieve symptoms and extend the lifespan. Mesothelioma can be diagnosed on the medical history of a patient as well as physical examination and laboratory tests. It is important to tell your doctor about any asbestos-related exposure prior to the time of exposure, as it could increase your risk of developing mesothelioma. The symptoms of mesothelioma could be confused with other illnesses. Early signs include chest pain, a shortness of breath, and dry cough. These symptoms are similar to those experienced with lung diseases like pneumonia or bronchitis. This makes it difficult for doctors to diagnose mesothelioma. Most patients are diagnosed in the later stages of the disease, when the disease is more difficult to diagnose. Scientists have identified several contributing factors to the growth of mesothelioma. The most prominent factor is asbestos exposure. However, other environmental contaminants like arsenic and cadmium may also cause the disease. Malignant mesothelioma can be classified into three types based on the 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 is a lesser-known condition but still serious. It is located in the inner lining (peritoneum) of the stomach. Testicular mesothelioma is extremely rare and is found in the testicles. Researchers continue to research the connection between asbestos exposure and Mesothelioma. There is evidence that suggests that genetic mutations can influence the chance of developing mesothelioma. Ongoing clinical trials are testing drugs that target gene mutations. Asbestos Litigation In addition to the physical suffering as a result of asbestos-related diseases, victims often face financial burdens due to the loss of income. Asbestos suits assist victims in getting the compensation they require to pay for their expenses and improve their standard of living. The first step in an asbestos lawsuit is gathering evidence and identifying the defendants. This includes reviewing the history of a victim's employment and determining if asbestos-related products contributed to their condition. The victim's legal team will file mesothelioma suits against the responsible companies. The next stage in an asbestos lawsuit is the discovery process. Interviewing coworkers and analyzing asbestos dust samples, and also reviewing the victim's medical documents or laboratory tests are all aspects of the discovery process. Once an inventory of employers, vendors and products is compiled, it can be used to find potential defendants. This could take several years, depending on the victim's employment background, and includes interviewing co-workers, relatives, abatement workers and reviewing a variety of documents which include Social Security, tax, union and employer records. During the discovery stage, asbestos and other defendants could make procedural motions to disqualify a plaintiff's case. They typically focus on technical issues and are contested by experienced lawyers in a timely manner. Once a trial date is set, the victims must prove their injuries to jurors. This can be a difficult task because mesothelioma, and other asbestos-related illnesses are difficult to recognize. The victims must be able to show that their exposure to asbestos was the cause of the disease and that the illness was a direct consequence of the exposure. Asbestos attorneys can present a convincing argument for their clients based on their extensive experience in this area of law. They can also bargain with insurance companies and take proactive steps to address the defenses made 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 consolidated thousands of asbestos 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 common in the United States that most people have come across it at one point or another time. It takes repeated and long-term exposure to asbestos for serious diseases such as mesothelioma develop. The time period between initial exposure and diagnosis of mesothelioma could range from 10 to 60 years. The asbestos industry has been implicated in a number of class action lawsuits. The most famous one was Borel v. Fireboard Paper Products Corporation. This case established strict liability for asbestos producers. In the early cases families were seeking compensation for the death of a loved one from companies that produced asbestos-based products. Asbestos is a fibrous minerals that are found in nature. Asbestos, which is impervious to fire, heat and corrosion, was a very popular building material in the 1920s and in the 1960s. It's also durable and cheap. Asbestos has been used in a variety of construction projects. It was sprayed onto the sound and fire insulation flooring tiles, ceiling tiles roofing and siding shingles, and pipe coating. Unfortunately asbestos has been proven to be a potent carcinogen that has the potential of inducing mesothelioma as well as lung cancer, and asbestosis. These illnesses can be caused by breathing in tiny asbestos fibers, which can get into the lungs and remain there for a long period of time which can cause inflammation and scarring and eventually causing cancerous tumors. Asbestos can be released in the air when asbestos-containing materials are disturbed. This can occur in commercial, military, and residential buildings, and also in bridges, roads, and even ships. The Environmental Protection Agency regulates asbestos removal, with guidelines for proper handling, disposal, and testing of asbestos-contaminated material. In some instances, the families of patients with mesothelioma have sought compensation from corporations that manufacture asbestos-based products. They claim that the companies were negligent in their product development and marketing. Mesothelioma is a 90% mortality rate and is therefore an incurable disease. It is imperative that patients seek compensation. An experienced mesothelioma lawyer can assist 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 range of expenses which include medical bills loss of wages, and pain and suffering. The amount of compensation varies depending on a number of factors, including the severity of each victim's disease and the amount of time between exposure and diagnosis. People diagnosed with mesothelioma and other asbestos-related illnesses are typically qualified to receive substantial financial awards. Asbestos attorneys can help determine the eligibility of compensation. They can look over the patient's medical history, work history, and the locations where they have worked. They can then look up information on thousands of job sites and asbestos products to determine if and the place where an individual was exposed to asbestos. After the lawyers have collected the necessary information, they'll bring a lawsuit against an asbestos producer or trust fund. This usually happens at the state level. The asbestos settlement is the most commonly used way to resolve mesothelioma claims. An asbestos lawyer will typically settle a case within 90 days. When trying to negotiate newport beach asbestos law firm , lawyers take into account how much each person has been affected through their illness and what the total cost of care will be. They take into account a range of costs such as transportation costs, aids at home and other complementary therapies. They also consider how much income and other assets the victim lost. It takes 10-50 years for symptoms to show up So, the majority of people are diagnosed with mesothelioma within their 70s. However, those in their 40s and 50s could also suffer from asbestos-related diseases. Asbestos victims may be able recover compensation from companies who exposed asbestos, asbestos trust funds, and even insurance companies that have taken over the liability of asbestos manufacturers. Mesothelioma and other asbestos-related diseases are costly to treat. It can also be a very lonely experience for those affected. A top mesothelioma attorney can help ensure that each victim receives the compensation they deserve. In some cases, compensation could reach millions of dollars. Asbestos victims whose loved ones have died from mesothelioma or other asbestos-related disease, may pursue wrongful-death suits against the responsible party.