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What is an Asbestos Lawsuit? An asbestos lawsuit can be a way for a victim and their family to receive compensation from the company responsible for their exposure. Compensation may take the form of a jury verdict or settlement. An experienced mesothelioma attorney can determine which type of lawsuit is the best one for your specific situation. The process begins with filing an initial complaint. The defendants have a specific time to respond. Mesothelioma Mesothelioma is a form of cancer that affects the thin layer of tissue that covers many organs in the organs inside your body. It is caused by exposure to asbestos. The condition is most often seen in the lungs (pleural mesothelioma) but it can also be found in the stomach lining (peritoneal mesothelioma), the heart, and testicles. The condition is uncommon, but it is aggressive and can be fatal. Most people who have mesothelioma breathed asbestos dust while at work. It takes a long time for cancer to develop and symptoms can not be evident for a long time after exposure. In most instances, chest pain or shortness of breath are the first signs. Mesothelioma cannot be cured however there are ways to alleviate symptoms and prolong the lifespan. Mesothelioma can be diagnosed based on the medical history of a patient along with physical examination and laboratory tests. It is important to discuss any past exposure to asbestos with a doctor as it could increase the chance of developing the disease. The symptoms of mesothelioma could be confused with other illnesses. Early signs include shortness in breath, chest pain and dry cough. These symptoms are similar to those seen with lung disorders such as bronchitis or pneumonia. wilmington asbestos lawyer makes it difficult to identify mesothelioma. Many patients are diagnosed at the later stages, when the disease is more difficult. Scientists have identified a number of factors that may influence the development of mesothelioma. The most frequent cause is asbestos exposure. 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 is the most prevalent type of disease is the most common. It affects the lining of the chest cavity (pleura) and lungs. Peritoneal Mesothelioma is less prevalent, is extremely serious. It is found in the interior (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 can affect the likelihood of developing the disease. Clinical trials are currently underway to test medications that target gene mutations. Asbestos Litigation In addition to the physical discomfort associated with asbestos-related illnesses patients often experience financial hardship due to loss of income. Asbestos lawsuits help victims recover the amount they require to cover the costs and restore their standard of living. The first step in a lawsuit involving asbestos is gathering evidence and identifying the defendants. This includes reviewing the history of work done by the victim and determining if asbestos-related substances contributed to their condition. A victim's trial team will then make a mesothelioma claim against the responsible companies and manufacturers. The discovery phase is the next stage of an asbestos lawsuit. This includes interviewing coworkers, analysing asbestos dust samples, and examining the medical records of the victims and laboratory tests. Once a database of employers, vendors, and products is built and compiled, it can be used to identify potential defendants. This can take years, dependent on the victim's job background. It involves speaking with family members, coworkers, abatement workers and reviewing several documents that include Social Security, tax, union and employer documents. During the discovery phase, asbestos and other defendants might file procedural motions seeking to throw out the plaintiff's claim. These usually focus on technical issues, and are contested by experienced attorneys in a timely fashion. If a trial date is been scheduled, victims must demonstrate their injuries in front of a jury. This can be a challenging task due to the fact that mesothelioma and other asbestos-related diseases are difficult to identify and have a long latency period. The victims must demonstrate that their exposure asbestos caused the disease and that the condition was a direct consequence of that exposure. Asbestos lawyers can make a convincing argument for their clients based on their extensive experience in this area of law. They can also deal with insurance companies, and actively address defenses that defendants raise to ensure that their clients receive a fair settlement. Many asbestos cases are known as mass torts due to the fact that they involve large numbers of injured victims against 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 currently taking place in the Eastern District of Pennsylvania. Class Action Lawsuits Asbestos exposure is so common in the United States that most people have come in contact with it at some point or another time. However, it requires continuous and prolonged exposure to asbestos for it to cause serious illnesses like mesothelioma. The time period between exposure and diagnosis of mesothelioma could range from 10 to 60 years. The asbestos industry is involved in several class action lawsuits. The most well-known instance was Borel v. Fireboard Paper Products Corporation which established the precedent of strict liability for asbestos manufacturers. In the early cases, families were seeking compensation for the death of a loved one from firms that made asbestos-based items. Asbestos is a group of fibrous minerals that occur in the natural environment. Asbestos was a well-known building material during the 1920s and into the 1960s because of its fire, heat and corrosion resistant. It is also durable and inexpensive. Asbestos was utilized in many different construction projects, such as spraying on sound and fire insulation, pipe coating, floor tiles, ceiling tiles, and roofing and siding shingles. Unfortunately, asbestos has been found to be a potent carcinogen capable of inducing mesothelioma as well as asbestosis, and lung cancer. These illnesses can be triggered by breathing asbestos fibers that are tiny, that can be absorbed into the lungs and stay in the lungs for a prolonged period leading to inflammation and scarring and eventually causing cancerous tumors. In some instances asbestos can be released into the air when asbestos-containing materials are disturbed. This can happen in commercial, residential and military buildings as well as in contaminated highways and bridges. Asbestos removal is controlled by the Environmental Protection Agency, which includes guidelines that govern the correct handling, disposal and testing of materials that are contaminated. In some cases, family members of victims of mesothelioma have sought compensation from companies who manufacture asbestos-based items. They claim that the companies were negligent with their product development and marketing. Mesothelioma is a 90% mortality rate, making it a fatal disease. It is important that victims seek compensation. A mesothelioma lawyer can guide victims along with their families and loved family members through the process of suing negligent asbestos manufacturers. Compensation Many asbestos victims can receive compensation for medical bills, lost wages, and pain and suffering. The amount of compensation awarded depends on several factors, such as the severity the disease or period between exposure to asbestos and the diagnosis. Many people diagnosed with mesothelioma and other asbestos-related diseases can receive substantial financial awards. Asbestos lawyers can assist in determining eligibility for compensation. They may review the patient's medical history as well as work history and the places where they've worked. They can use information from thousands of asbestos-related products and work sites to determine where and how a person was affected by asbestos. After the lawyers have gathered the information, they will file a lawsuit against an asbestos manufacturer or trust fund. This is usually handled at the state level. Most mesothelioma cases end up being resolved via an asbestos settlement rather than a trial. An asbestos lawyer will typically reach a settlement within 90 days. Attorneys look at the total cost of care and the amount each patient will suffer from asbestos-related disease when negotiating the settlement. They consider a wide range of costs, ranging from transportation to home health aids and complementary therapy. They also assess how much a person has lost in income and other assets. Most people are diagnosed with Mesothelioma after their 70s. However, people in their 40s and 50s may be affected by asbestos-related illnesses. Asbestos victims can recover 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-related manufacturers. Treatment for asbestos-related diseases and mesothelioma can be expensive. It can be a very lonely experience for those who suffer. A reputable mesothelioma lawyer will help ensure that every victim receives the maximum amount of 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 disease may also pursue a wrongful death lawsuit against the responsible party.