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What is an Asbestos Lawsuit? A lawsuit against asbestos-related companies is a great opportunity for the families of victims to receive compensation. Compensation could take the form a jury verdict, settlement or a settlement. A reputable mesothelioma law firm can help you determine which lawsuit is suitable for your situation. The process begins with the filing of an initial complaint. The defendants are given a certain amount of time to respond. Mesothelioma Mesothelioma, a form of cancer, affects the thin tissue layer that covers most of the internal organs in 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 liner (peritoneal mesothelioma), the heart, and testicles. The condition is extremely rare however, it can be extremely aggressive and, in most cases, fatal. Most people with mesothelioma have inhaled asbestos dust during their work. The disease can take decades to be diagnosed and symptoms may not show up for years. In most cases, the first symptom is breathlessness or chest pain. Mesothelioma is not curable but there are therapies which can ease symptoms and prolong the duration of life. Mesothelioma diagnosis is based on the medical history of a patient, physical exam, and laboratory tests. It is essential to discuss any history of exposure to asbestos with a physician as it could increase the risk of developing the disease. The symptoms of mesothelioma may not be necessarily specific and could be confused with other illnesses. Early signs include chest pain, shortness of breath, and a dry cough. They are similar to symptoms of lung conditions like pneumonia and bronchitis. This makes it difficult to diagnose mesothelioma. Many patients are diagnosed at the later stages, which means that the disease is more difficult to diagnose. Scientists have identified several contributing factors to the development of mesothelioma. The most frequent cause is exposure to asbestos. However, other environmental pollutants like arsenic or cadmium could also cause the disease. Malignant mesothelioma has been classified into three types based on the type of cells affected. Pleural mesothelioma, the most frequent form of the disease. It affects the lining of the chest cavity (pleura) and lungs. Peritoneal Mesothelioma, although not as common, is serious. It is found in the inside (peritoneum) of the stomach. Testicular mesothelioma is extremely rare and is found in the testicles. Researchers are continuing to study the relationship between mesothelioma and asbestos exposure. There is evidence that suggests that gene mutations may influence the probability of developing mesothelioma. Clinical trials testing drugs that target these gene mutations are ongoing. Asbestos Litigation In addition to the physical and mental suffering associated with asbestos-related illnesses victims also face financial difficulties due to the loss of income. Asbestos lawsuits can help victims receive the money they need to offset these expenses and restore their lives. The first step in a lawsuit involving asbestos is gathering evidence and identifying defendants. This includes reviewing the work history of the victim and determining whether asbestos-related products were responsible for their illness. The victim's team will bring mesothelioma lawsuits against the responsible companies. The next step in an asbestos lawsuit is the discovery process. It involves interviewing colleagues and looking at asbestos dust samples, and examining the medical records of the victim and laboratory tests. Once a complete database of employers, vendors, and products is compiled, potential defendants can be identified. This can take years, depending on the victim's work background, and includes interviewing family members, co-workers, abatement workers and reviewing different records such as Social Security, tax, union and employer records. During the discovery phase asbestos and other defendants can make procedural motions to dismiss the plaintiff's claim. These motions are usually based on technical issues and are challenged by experienced attorneys. When a trial date has been established, the victims must demonstrate their injuries to a jury. This can be a difficult task due to the fact that mesothelioma and other asbestos-related diseases are hard to diagnose and have a lengthy latency period. The patient must show that the exposure to asbestos was the reason for the illness and that it was a direct cause. Asbestos lawyers can make a convincing argument for their clients based on their extensive knowledge of this area of law. They can also deal with insurance companies, and proactively address the defenses posed by defendants to ensure that their client receives a fair settlement. Many asbestos cases are classified as mass torts due to the fact that they involve large groups of victims against 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 nearly all people have been exposed at some point. However, it requires repeated and prolonged exposure to asbestos before it can cause serious diseases like mesothelioma. The latency period from initial exposure until diagnosis of mesothelioma might range between 10 to 60 years. The asbestos industry has been involved in numerous class action lawsuits. The most famous was Borel v. Fireboard Paper Products Corporation. This case established the strict liability of asbestos producers. In the beginning, families demanded compensation from companies that made asbestos-based items for the loss of a loved one. Asbestos is composed of fibrous minerals that are found in nature. Asbestos, which is invulnerable to fire, heat, and corrosion, was a common material for building in the 1920s, and even into the 1960s. It's also tough and inexpensive. Asbestos has been utilized in many construction projects. It was sprayed on fire and sound insulation flooring tiles, ceiling tiles roofing and siding shingles and pipe coatings. Unfortunately asbestos has been identified to be a powerful 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 infiltrate the lungs and remain in the lungs for a prolonged period and cause inflammation and scarring and eventually causing cancerous tumors. Asbestos may be released into the air if asbestos-containing materials are disturbed. This can occur in residential, commercial, 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 certain cases families of mesothelioma sufferers have sought compensation from the corporations that manufactured asbestos-based products with the claim that they were negligent in their marketing and product development practices. Mesothelioma sufferers have a 90% mortality rate, which makes it a terminal illness. It is essential that victims seek compensation. A mesothelioma lawyer can help victims family members and loved relatives through the process of suing negligent asbestos manufacturers. Compensation Many asbestos victims are entitled to compensation for a wide range of expenses which include medical bills lost wages, as well as pain and suffering. The amount of compensation is contingent on several factors, such as the severity of the disease or time between exposure to asbestos and diagnosis. Those diagnosed with mesothelioma or other asbestos-related diseases are usually qualified to receive large financial rewards. Asbestos lawyers can assist in determining the right to compensation. They can look over a patient's medical records as well as the work history and locations where they worked. They can also use data from thousands of asbestos-related products and job sites to determine where and how a person was affected by asbestos. After lawyers have gathered this information, they will make a claim against an asbestos producer or trust fund. This is generally done at the state level. The asbestos settlement is the most commonly used way to resolve mesothelioma claims. A lawyer that specializes in asbestos will usually negotiate the settlement with a client within 90 days. Attorneys consider the total cost of care and how much each client will suffer from their asbestos-related disease when making an agreement. They consider the various costs involved including transportation costs to home health aides and complementary therapies. They also consider how much income and other assets a victim lost. It can take between 10 and 50 years for symptoms to appear The majority of patients are diagnosed with mesothelioma within their 70s. However, patients in their 40s and 50s may also suffer from asbestos-related illnesses. Asbestos victims can recover compensation from the companies who exposed them toxic substance, from asbestos trust funds and from insurers who have assumed the responsibility for asbestos manufacturers. Mesothelioma and other asbestos-related illnesses are costly to treat. It can also be a very lonely experience for those who suffer from. A reputable mesothelioma lawyer can help ensure that each victim gets the full compensation they deserve. In certain instances, the amount given is in the millions of dollars. independence asbestos law firm whose loved ones have died from mesothelioma, or an asbestos-related illness, can pursue wrongful-death suits against the person responsible.