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What is an Asbestos Lawsuit? An asbestos lawsuit is a means for the victim or their family members to get compensation from the companies responsible for their exposure. Compensation can be in the form a jury verdict or settlement. A mesothelioma lawyer with experience will help you decide on the best kind of lawsuit for your situation. The process starts with the filing of an initial complaint. The defendants have a short amount of time to respond. Mesothelioma Mesothelioma is a type of cancer, affects the tissue layer that covers most of the internal organs of the body. It is caused by exposure to asbestos. The most common cause of asbestos-related disease is found in the lungs, but it can also affect the stomach lining, heart and testicles (peritoneal mesothelioma pleural). The condition is uncommon but aggressive and usually fatal. Most people who have mesothelioma inhaled asbestos dust at work. The disease can take decades to develop and symptoms may not be apparent for a long time. In most cases, chest pain and shortness of breath are the first symptoms. Mesothelioma cannot be treated, but there are treatments that can relieve symptoms and prolong the life of patients. A patient can be diagnosed with mesothelioma based on medical history, physical examination, and laboratory tests. It is essential to inform 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 can be confused with other illnesses. Early symptoms include shortness of breath, chest pain and dry cough. These symptoms are similar to those associated with lung disorders such as pneumonia or bronchitis. This makes it difficult for doctors to diagnose mesothelioma. Many patients are not diagnosed until later stages of the disease which is when it becomes more difficult to treat. Scientists have identified a variety of factors that contribute to the development mesothelioma. The most frequent cause is asbestos exposure. However other environmental pollutants, such as arsenic or cadmium could also cause the disease. riverside asbestos attorneys has been classified into three types based on the number of cells affected. Pleural mesothelioma is by far the most frequent form of the disease. It is found in the lining of the chest cavity and lungs (pleura). Peritoneal Mesothelioma is not as common, is dangerous. It is located in the interior (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles. Researchers continue to research the connection between asbestos exposure and Mesothelioma. There is evidence that suggests that genetic mutations can influence a person's risk of developing the disease. Clinical trials to test the effectiveness of drugs that target these gene mutations are ongoing. Asbestos Litigation In addition to the physical suffering associated with asbestos-related illnesses victims also face financial difficulties due to the loss of income. Asbestos lawsuits assist victims in recovering the money they need to cover these costs and improve their standard of living. The first step in an asbestos lawsuit is gathering evidence and identifying the defendants. This involves examining a victim's work history and determining if asbestos-related products caused their illness. A victim's team of trial lawyers will then file a mesothelioma lawsuit against the responsible manufacturers and companies. The discovery phase is the next stage in a asbestos lawsuit. This involves interviewing coworkers, analysing asbestos dust samples, and reviewing the medical records of the victim as well as laboratory tests. Once the database of employers, vendors, and products is created and maintained, it can be used to identify potential defendants. It can take many years to complete this process, depending on how long the victim has been employed. This includes interviewing coworkers, family members as well as abatement workers and studying various records, including Social Security, union, tax and employer records. In the process of discovery, asbestos and other defendants may bring procedural motions for dismissal of a plaintiff's claim. These usually focus on technical issues and are litigated by experienced lawyers in a timely manner. After a trial date is set, victims have to prove their injuries before the jury. This is a challenging task, because mesothelioma and other asbestos-related diseases are difficult to identify and have a lengthy duration of latency. Victims must be able to prove that exposure to asbestos caused the disease, and that the illness was the direct result of the exposure. Asbestos attorneys can present a convincing argument for their clients based on their extensive knowledge of this area of law. They can also work directly with insurance companies, and address the defenses raised in court by defendants. This will ensure that their clients get an equitable settlement. Many asbestos cases are known as mass torts because they involve large groups of injured individuals against multiple defendants. The Judicial Panel on Multidistrict Litigation amalgamated thousands of asbestos cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is currently pending in the Eastern District of Pennsylvania. Class Action Lawsuits In the United States, asbestos exposure is so widespread that nearly all people have been exposed to it at some time or another. It requires a long-term and repeated exposure to asbestos for severe diseases like mesothelioma or lupus to develop. The latency period between exposure and diagnosis of mesothelioma could range between 10 and 60 years. The asbestos industry is implicated in several class action lawsuits. The most well-known case was Borel v. Fireboard Paper Products Corporation. This case established strict liability for asbestos producers. In the early cases families demanded compensation from companies which made asbestos-based items for the death of a loved one. Asbestos is one of the fibrous minerals that are found in the natural environment. Asbestos was a popular building material in the 1920s, and into the 1960s because it was fire, heat and corrosion-resistant. It's also strong, and cheap. Asbestos was used in many different construction projects, such as spraying on sound and fire insulation, pipe coating, floor tiles, ceiling tiles, roofing and siding shingles. Unfortunately asbestos has been proven to be a powerful carcinogen, capable of creating mesothelioma, asbestosis, and lung cancer. These illnesses can be caused by breathing asbestos fibers in tiny amounts, which can infiltrate the lungs and stay for a long time which can cause inflammation and scarring and eventually causing cancerous tumors. Asbestos can be released into the air if asbestos-containing materials are disturbed. This can happen in commercial, residential and military buildings as well as contaminated highways and bridges. The Environmental Protection Agency regulates asbestos removal, and provides guidelines on proper handling, disposal and testing of material that has been contaminated. In a few cases, families of victims of mesothelioma have sought compensation from companies that make asbestos-based products. They claim that the corporations were negligent in their product development and marketing. Mesothelioma has a 90% mortality rate, which makes it a terminal illness. It is important that patients seek compensation. A mesothelioma lawyer with experience can help victims and their loved families through the entire process of seeking compensation from negligent asbestos producers. Compensation Many asbestos victims are eligible for compensation for medical bills as well as lost wages and suffering. The amount of compensation offered is according to a variety factors such as the severity of the disease and the amount of time between exposure and diagnosis. Many people diagnosed with mesothelioma or other asbestos-related diseases may be eligible for substantial financial awards. Asbestos lawyers can help determine the eligibility for compensation. They may review the patient's medical history, work history, and the places where they've worked. They may use information 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, the lawyers will file a suit against the trust fund or asbestos manufacturer. This is usually done at the state level. The asbestos settlement is the most common method to settle mesothelioma lawsuits. A lawyer for asbestos can usually reach a settlement within 90 days. When negotiations for an asbestos settlement lawyers take into account how much each client has suffered through their illness and what the total cost of treatment will be. They take into account many costs, from transportation expenses to aids at home and other complementary therapies. They also take into account how much income and other assets a victim has lost. It takes between 10 and 20 years for symptoms to appear The majority of patients are diagnosed with mesothelioma within their 70s. However, those in their 40s and 50s may be affected by asbestos-related illnesses. Asbestos victims may be able to seek compensation from companies that exposed asbestos to the public as asbestos trust funds and even insurers who have taken over the responsibility of asbestos manufacturers. Treatment for asbestos-related diseases and mesothelioma may be costly. It can be a very lonely time for those who suffer. A reputable mesothelioma lawyer can help ensure that each victim receives the compensation they are entitled to. 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 person responsible.