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What is an Asbestos Lawsuit? An asbestos lawsuit is a method for a victim or family members to obtain compensation from the company responsible for their exposure. The compensation could come in the form of a jury verdict or settlement. An experienced mesothelioma attorney can help you determine which lawsuit is appropriate for your specific situation. The process starts with the filing of a complaint. The defendants are given a certain amount of time to respond. Mesothelioma Mesothelioma is a type of cancer, affects the tissue layer that covers most of the internal organs in the body. It is caused by exposure to asbestos. The condition is most often seen in the lungs (pleural mesothelioma) however it can be found in the stomach liner (peritoneal mesothelioma), the heart, and testicles. The condition is uncommon, but is often fatal and aggressive. Most people with mesothelioma have inhaled asbestos dust during their work. It takes a long time for disease to manifest and the symptoms may not appear for years after exposure. In the majority of cases, chest pain or shortness of breathe are the first symptoms. Mesothelioma cannot be cured however there are treatment options to relieve symptoms and prolong the life. A patient may be diagnosed with mesothelioma on the basis of medical history, physical examination, and laboratory tests. It is important to tell your doctor about any asbestos-related exposure background, as it can increase the likelihood of developing mesothelioma. The symptoms of mesothelioma may be misinterpreted as other illnesses. Early signs include chest pain, a shortness of breath, and dry cough. They are similar to the symptoms of lung disorders such as pneumonia and bronchitis. This makes mesothelioma difficult to recognize. Many patients are not diagnosed until later stages of the disease when it is more difficult to treat. Scientists have identified several contributing factors to the development of mesothelioma. The most frequent cause is exposure to asbestos. Other environmental pollutants, like arsenic and cadmium can be a cause of this disease too. Malignant mesothelioma can be classified into three types based on the type of cells affected. Pleural mesothelioma may be the most common form of the disease. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal Mesothelioma, though less prevalent, is serious. It is located in the lining (peritoneum) of the stomach. Testicular mesothelioma occurs in a very limited number of cases and occurs in the testicles. Researchers continue to investigate the connection between asbestos exposure and Mesothelioma. Some evidence suggests that gene mutations may influence the probability of developing mesothelioma. Ongoing clinical trials are testing the effects of drugs targeting mutations in genes. Asbestos Litigation In addition to the physical and mental suffering that is associated with asbestos-related illnesses victims also face financial hardship as a result of the loss of income. Asbestos suits help victims get the compensation they need to offset their expenses and restore their quality of life. The first step in an asbestos lawsuit is gathering evidence and identifying key defendants. This involves looking over the work history of the victim and determining what asbestos-related substances contributed to their condition. The victim's trial team will then bring a mesothelioma lawsuit against the responsible companies and manufacturers. The discovery phase is the next step in a lawsuit involving asbestos. It involves interviewing colleagues, looking at asbestos dust samples, and examining the medical records of the victims and laboratory tests. Once a comprehensive database of employers, vendors, and products is established, potential defendants can be identified. This could take years, depending on the victim's employment background, and includes interviewing colleagues, relatives and abatement workers, as well as reviewing different records, including Social Security, tax, union and employer records. During yorba linda asbestos lawyer and other defendants might bring procedural motions in order to throw out the plaintiff's case. They typically focus on technical issues, and are litigated by experienced attorneys in a timely manner. When a trial date has been set, victims must demonstrate their injuries before the jury. This is a challenging task, because mesothelioma and other asbestos-related diseases are hard to diagnose and have a long time of latency. Victims must show that their exposure to asbestos was the cause of the disease and that the illness was a direct result of that exposure. Asbestos trial attorneys can make a compelling case for their clients based on their extensive knowledge of this area of law. They are also able to negotiate directly with insurance companies and address the defenses raised in the court by defendants. This will ensure that their clients get an equitable settlement. Many asbestos cases are referred to as mass torts since they involve large groups of injured individuals against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of these 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 a majority of people have been exposed at some point. It requires a long-term and repeated exposure to asbestos for serious diseases like mesothelioma develop. The time between initial exposure to diagnosis of mesothelioma can range between 10 to 60 years. The asbestos industry has been implicated in several class action lawsuits. The most famous one was Borel v. Fireboard Paper Products Corporation. This case ruled that there was no strict liability for asbestos producers. In the beginning families sought compensation for a deceased loved one from the companies that manufactured asbestos-based products. Asbestos is made up of fibrous minerals found in nature. Asbestos, which is impervious to fire, heat, and corrosion, was a popular material for construction in the 1920s and into the 1960s. It is also durable and cost-effective. Asbestos has been utilized in numerous construction projects. It was sprayed on the sound and fire insulation floor tiles, ceiling tile, roofing and siding shingles and pipe coatings. Unfortunately asbestos has been proven to be a potent carcinogen that is capable of inducing mesothelioma as well as lung cancer, and asbestosis. These illnesses can be triggered by breathing asbestos fibers in tiny amounts, which can enter the lungs and stay for a long time, causing scarring and inflammation and eventually leading to cancerous tumors. In certain instances asbestos may be released into the air when asbestos-containing materials are disturbed. This can occur in commercial, residential and military structures and also in highways that are contaminated and bridges. The Environmental Protection Agency regulates asbestos removal, including guidelines on proper handling, disposal and testing of contaminated material. In certain cases families of mesothelioma victims have sought compensation from the corporations that made asbestos-based items, claiming that these companies were negligent in their product development and marketing practices. Mesothelioma is a terminal illness with a 90 percent mortality rate and it is therefore essential that patients seek compensation. An experienced mesothelioma attorney can help victims and their family relatives through the entire process of seeking compensation from negligent asbestos manufacturers. Compensation Many asbestos victims can receive compensation for medical expenses or lost wages as well as pain and suffering. The amount of compensation offered is dependent on a variety of factors, including the severity of the illness and the length of time between exposure and diagnosis. Those diagnosed with mesothelioma or other asbestos-related disorders are often qualified to receive substantial financial awards. Asbestos lawyers can help determine the eligibility to receive compensation. They may look at the medical history of the patient, work history, and locations where they have worked. They can use information from thousands of asbestos products and job sites to determine if and how a person was affected by asbestos. After gathering this information, the lawyers will file a suit against the trust fund or asbestos manufacturer. This is usually done at the state-level. The majority of mesothelioma cases wind up being resolved via an asbestos settlement, instead of a trial. A lawyer who specializes in asbestos will usually negotiate an agreement with the client within 90 days. When negotiations for an asbestos settlement lawyers take into account how much each client has been affected by their illness and what the total cost of care will be. They take into consideration a range of costs from transportation to home health aids, as well as complementary therapy. They also consider how much income and other assets the victim lost. It can take 10 to 50 years for symptoms to appear and most people are diagnosed with mesothelioma in their 70s. However, people in their 40s or 50s can also suffer from asbestos-related illnesses. Asbestos victims can seek compensation from the companies that exposed them toxic substance as well as from asbestos trust funds and from insurance companies that have assumed the responsibility for asbestos manufacturers. Mesothelioma and other asbestos-related illnesses can be costly to treat. It can be a lonely experience for those who are affected. A top mesothelioma attorney can help ensure that every victim gets the full compensation 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 a wrongful death lawsuit against the party responsible.