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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 the companies responsible for their exposure. Compensation could take the form of a verdict by a jury or settlement. An experienced mesothelioma lawyer can help you determine the best kind of lawsuit for your case. The process starts with the filing of an initial complaint. The defendants have a specific time to respond. Mesothelioma Mesothelioma, a form 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 site of the disease is the lung (pleural mesothelioma) however it can occur in the stomach lining (peritoneal mesothelioma) or in the heart as well as testicles. The condition is not common, but it is aggressive and usually fatal. Many people who suffer from mesothelioma worked in jobs where they inhaled asbestos dust. It takes decades for the disease to develop and symptoms may not manifest until years after exposure. In the majority of cases, the first sign is a shortness of breath or chest pain. Mesothelioma isn't curable, but there are treatments that can alleviate symptoms and prolong your life. Mesothelioma diagnosis is based on the medical history of a patient as well as physical examination, and laboratory tests. It is crucial to discuss any previous exposure to asbestos with a physician as it could increase the risk of developing the disease. The symptoms of mesothelioma can be mistaken for other illnesses. The first signs are chest pain, shortness of breath, and a dry cough. These are similar to those of lung conditions, such as pneumonia and bronchitis. This makes it difficult to identify mesothelioma. Most patients are diagnosed in the later stages, which means that the disease is more difficult to diagnose. Scientists have identified a variety of contributing factors to the growth of mesothelioma. The most frequent cause is exposure to asbestos. However, other environmental contaminants like arsenic and cadmium may also cause the disease. The three forms of malignant mesothelioma depend on the type of cells are affected. Pleural mesothelioma may be the most frequent form of the disease. It is found in the the chest cavity and lungs (pleura). Peritoneal Mesothelioma, though not as common, is dangerous. It is located in the inside (peritoneum) of the stomach. It is a rare cancer that affects the testicles. Researchers are continuing to study the relationship between mesothelioma and asbestos exposure. Some evidence suggests that genetic mutations may influence a person's chances of developing the disease. Clinical trials to test the effectiveness of drugs that target these mutations are ongoing. Asbestos Litigation Asbestos-related diseases can cause financial hardship for the victims. Asbestos lawsuits assist victims in recovering the compensation they need to pay for these expenses and restore their quality of life. The first step in an asbestos lawsuit is gathering evidence and identifying key defendants. This includes examining the work history of the victim and determining whether asbestos-related materials were responsible for their illness. A victim's trial team will then start a mesothelioma suit against the responsible manufacturers and companies. The next step in an asbestos lawsuit is the discovery process. This includes interviewing coworkers, looking at asbestos dust samples, and examining the medical records of the victim as well as laboratory tests. Once a complete database of employers, vendors, and products is created, potential defendants can be identified. It could take a long time to complete this process, according to how long the victim has worked. This includes interviewing family members, coworkers Abatement workers, and studying various records, including Social Security, union, tax and employer documents. During the discovery stage asbestos and other defendants can make procedural motions to revoke the plaintiff's case. They typically focus on technical issues, and are litigated by experienced attorneys quickly. After a trial date has been set, the plaintiffs must prove their injuries before the jury. This can be a daunting task due to the fact that mesothelioma and other asbestos-related diseases are difficult to diagnose and can have a long duration of latency. Victims must be able to show that their exposure to asbestos caused the illness, and that the illness was a direct consequence of the exposure. Asbestos trial attorneys can make an impressive 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 deal with the defenses made in the court by defendants. This will ensure that their clients get an equitable settlement. Mass torts are commonly used to describe asbestos cases because they involve large numbers of injured against multiple defendants. The Judicial Panel on Multidistrict Litigation has taken on 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 Asbestos exposure is so widespread in the United States that most people have come in contact with it at one time or another time. But it is only repeated and prolonged exposure to asbestos before it can cause mesothelioma-related illnesses that are serious. jacksonville asbestos attorney between initial exposure until diagnosis of mesothelioma can range between 10 to 60 years. The asbestos industry is implicated in numerous class action lawsuits. The most well-known was that of Borel v. Fireboard Paper Products Corporation, which established the precedent of the strict liability of asbestos producers. In the beginning, families sought compensation from companies that made asbestos-based items for the loss of a loved one. Asbestos is comprised of fibrous minerals found in nature. Asbestos was a popular building material during the 1920s and into the 1960s due to its heat, fire, and corrosion resistant. It's also tough and affordable. 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. Asbestos is a powerful carcinogen that is capable of causing asbestosis lung cancer and mesothelioma. These illnesses are caused by asbestos fibers, which can infiltrate the lungs over a long period of time and cause inflammation and scarring. In some instances asbestos can release into the air when asbestos-containing materials are disturbed. This could happen in military, commercial and residential structures, and also in contaminated highways, bridges, and even ships. Asbestos removal is controlled by the Environmental Protection Agency, which provides guidelines for the proper handling, disposal, and testing of materials that are contaminated. In a few instances families of mesothelioma sufferers have sought compensation from companies that made asbestos-based products and claimed that the companies were negligent in their product development and marketing practices. Mesothelioma can be a fatal disease with a 90 percent mortality rate so 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 producers. Compensation Many asbestos-related victims can receive compensation for medical bills, lost wages, and pain and suffering. The amount of compensation is determined according to a variety of factors such as 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 entitled to significant financial awards. Asbestos lawyers can assist in determining compensation eligibility. They may look at the medical history of the patient, work history, and the places where they've worked. They may use information from thousands of asbestos-related products and job sites to determine if and how a person was affected by asbestos. After gathering this information, the lawyers will file a lawsuit against the trust fund or asbestos manufacturer. This is usually done at the state level. The asbestos settlement is the most commonly used method to settle mesothelioma lawsuits. A lawyer who is specialized in asbestos is able to negotiate the settlement with a client within 90 days. Attorneys look at the total cost of treatment and the amount that each patient will suffer from asbestos-related illness when making a settlement. They take into account various costs that range from transportation expenses to the cost of home health aids and complementary therapies. They also look at how much income and other assets the victim lost. It takes between 10 and 20 years for symptoms to surface So, the majority of patients are diagnosed with mesothelioma by their 70s. Asbestos-related illnesses can also affect victims who are in their 40s or 50s. Asbestos sufferers can claim compensation from the companies who exposed them toxic substance, from asbestos trust funds, and from insurers who have taken over the responsibility for asbestos manufacturers. Mesothelioma and other asbestos-related illnesses can be very expensive to treat. It can also be a very lonely experience for those who suffer from. An experienced mesothelioma lawyer will ensure that every victim receives the maximum amount of compensation they are entitled to. In some cases, compensation can reach millions of dollars. Asbestos victims who have loved ones who have passed away from mesothelioma, or another asbestos-related illness, can bring a wrongful death lawsuit against the person responsible.