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What is an Asbestos Lawsuit? A lawsuit against asbestos companies is a great way for families of victims to get compensation. Compensation could take the form a jury verdict or settlement. A mesothelioma lawyer with experience can help you choose the most appropriate type of lawsuit to suit your situation. The process starts with the filing of an initial complaint. Defendants have a limited amount of time to reply. Mesothelioma Mesothelioma, a form of cancer, affects the tissue layer that covers most of the internal organs in the body. Exposure to asbestos is the main cause. The disease is usually present in the lungs however, it can also affect the stomach lining, heart and testicles (peritoneal mesothelioma pleural). The condition is uncommon, but severe and often fatal. Most people with mesothelioma have inhaled asbestos dust during their work. It can take decades for the disease to manifest and symptoms may not appear for years after exposure. In the majority of instances, the first sign is breathlessness or chest pain. Mesothelioma cannot be treated but there are therapies that can relieve symptoms and prolong the life of patients. A patient can be diagnosed with mesothelioma by medical history, physical examination and laboratory tests. It is important to discuss any past exposure to asbestos with your doctor since it may increase the risk of developing the disease. The signs of mesothelioma can be mistaken for other illnesses. Early symptoms include shortness of breath, chest pain and dry cough. These are similar to those of lung conditions such as pneumonia or bronchitis. This makes mesothelioma a challenge to diagnose. Many patients are not diagnosed until the advanced stages of the disease when it is more difficult to treat. Scientists have identified a number of factors that influence the development of mesothelioma. The most common factor is exposure to asbestos. However other environmental pollutants such as arsenic and cadmium can cause the disease. The three forms of malignant mesothelioma are determined by which cells are affected. Pleural mesothelioma may be the most frequent form of the disease. It affects the chest cavity's lining (pleura) and the lungs. Peritoneal mesothelioma is less common however it is still very serious. It occurs in the lining of the stomach (peritoneum). It is a rare cancer that affects the testicles. Researchers continue to research the connection between asbestos exposure and Mesothelioma. Some evidence suggests that gene mutations may influence the risk of developing mesothelioma. Clinical trials testing drugs that target these gene mutations are ongoing. Asbestos Litigation In addition to the physical and mental suffering caused by asbestos-related diseases the victims are often faced with financial hardship due to loss of income. Asbestos suits aid victims in receiving the money they need to pay for their expenses and restore their standard of living. The first stage in a asbestos lawsuit is gathering evidence and identifying the defendants. This involves analyzing the work history of the victim and determining whether asbestos-related products caused their illness. A victim's team will then bring mesothelioma lawsuits against the responsible companies. The discovery phase is the next step in an asbestos lawsuit. Interviewing colleagues and studying asbestos dust samples as well as reviewing victim's medical records or laboratory tests are all involved in the process of discovery. Once a database of employers, vendors, and products is established and maintained, it can be used to find potential defendants. It can take a long time, dependent on the victim's job background, and includes interviewing colleagues, relatives or abatement workers, and examining a variety of records such as Social Security, tax, union and employer records. During the discovery stage, asbestos and other defendants can make procedural motions to throw out a plaintiff's case. These typically center on technical issues and are challenged by experienced attorneys in a timely fashion. When a trial date has been set, the victims will have to show their injuries to an audience of jurors. This can be a daunting task, because mesothelioma and other asbestos-related diseases are hard to diagnose and have a lengthy time of latency. Victims must prove that exposure to asbestos was the cause of the disease and that the condition was a direct consequence of the exposure. Asbestos trial attorneys can make an argument that is convincing for their clients based on their vast experience in this area of law. They can also work directly with insurance companies, and also address defenses brought in the court by defendants. This will ensure that their clients get a fair settlement. Mass torts are commonly used to describe asbestos cases, because they involve large amounts of victims who are harmed by multiple defendants. The Judicial Panel on Multidistrict Litigation combined 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 most people have been exposed to it at some point. It takes repeated and prolonged exposure to asbestos to trigger mesothelioma-related illnesses that are serious. The latency period from initial exposure until diagnosis of mesothelioma could be between 10 to 60 years. The asbestos industry is involved in a number of class action lawsuits. The most famous case was Borel v. Fireboard Paper Products Corporation, which established the precedent of strict liability for asbestos producers. In the beginning, families were seeking compensation for the death of a loved one from companies that made asbestos-based products. Asbestos is composed of fibrous minerals that are found in nature. Asbestos was an extremely popular building material during the 1920s and into the 1960s because it is fire, heat and corrosion resistant. It is also durable and cost-effective. 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. Asbestos is a carcinogen that is that can cause asbestosis, mesothelioma and lung cancer. These illnesses can be triggered by breathing asbestos fibers in tiny amounts, which can infiltrate the lungs and remain in the lungs for a prolonged period and cause inflammation and scarring and eventually leading to cancerous tumors. In certain instances asbestos can be released into the air when asbestos-containing materials are disturbed. This can occur in commercial, military and residential structures, as well as in contaminated highways, bridges, and even ships. Asbestos removal regulations are enforced by the Environmental Protection Agency, which provides guidelines for the proper disposal, handling and testing of contaminated materials. In some cases, relatives of those who have been affected by mesothelioma have sought compensation from corporations who manufacture asbestos-based items. They claim that the companies were negligent with their product development and marketing. Mesothelioma has a 90% mortality rate and is a fatal disease. It is essential that victims seek compensation. A mesothelioma lawyer can help victims along with their families and loved relatives through the process of seeking compensation from negligent asbestos manufacturers. Compensation Many asbestos victims are entitled to compensation for a variety of expenses that include medical bills, lost wages, and suffering. The amount of compensation is determined depending on a number of factors such as the severity of each victim's disease and the amount of time between exposure and diagnosis. Many people diagnosed with mesothelioma and other asbestos-related diseases may be eligible for substantial financial compensation. Asbestos lawyers can help determine the eligibility to receive compensation. waterbury asbestos attorneys can look over the medical history of the patient, work history, and the locations where they have worked. They can then look up information on thousands of workplaces and asbestos products to determine if and which areas a person was exposed to asbestos. After lawyers have gathered the information, they will bring a lawsuit against an asbestos producer or trust fund. This usually happens at the state level. The majority of mesothelioma cases end up being resolved by an asbestos settlement instead of a trial. A lawyer that specializes in asbestos will usually negotiate an agreement with the client within 90 days. Attorneys consider the total cost of treatment and how much each client will suffer from their asbestos-related illness when trying to negotiate a settlement. They consider a wide range of expenses, from transportation to home health aids, as well as complementary therapies. They also consider how much income and other assets a victim lost. The majority of people diagnosed with Mesothelioma are in their 70s. However, victims in their 40s and 50s can be affected by asbestos-related illnesses. Asbestos victims can seek compensation from the companies that exposed them toxic substance and asbestos trust funds and from insurance companies that have assumed responsibility for asbestos manufacturers. Treatment of asbestos-related diseases and mesothelioma may be costly. It can also be a very lonely experience for those affected. A mesothelioma lawyer of the top quality can assist in ensuring that every victim receives the compensation they are entitled to. In certain cases, compensation can be as high as millions of dollars. Asbestos victims who have lost a loved person to mesothelioma, or another asbestos-related illness may also file wrongful death lawsuits against the party responsible.