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What is an Asbestos Lawsuit? An asbestos lawsuit is a means for a victim and their family members to get compensation from the companies responsible for their exposure. Compensation can be in the form of a jury verdict, settlement or a settlement. A mesothelioma attorney with experience can assist you in determining the best type of lawsuit to suit your case. The process begins with the filing of a complaint. The defendants are given a short time to respond. Mesothelioma Mesothelioma is a kind of cancer that affects the thin layer of tissue that covers a lot organs in the organs in the body's interior. It is caused by exposure to asbestos. The condition is typically present in the lungs but can also affect the stomach lining, heart and testicles (peritoneal mesothelioma, also known as pleural). The condition is uncommon but it is extremely serious and often fatal. Most people who have mesothelioma have inhaled asbestos dust during their work. It can take decades for the disease to manifest and symptoms can not manifest until years after exposure. In most cases, chest pain or shortness of breath are the first signs. Mesothelioma is not curable However, there are treatments that can relieve symptoms and prolong the life of patients. Mesothelioma can be diagnosed on a patient's medical history, physical exam, and laboratory tests. It is essential to discuss any history of exposure to asbestos with your doctor in order to reduce the risk of developing the disease. Symptoms of mesothelioma are not very specific and can be mistaken for other diseases. Early signs include shortness of breath, chest pain and dry cough. These are similar to those of lung disorders, such as pneumonia and bronchitis. This makes it difficult for doctors to diagnose mesothelioma. A majority of patients are diagnosed in the later stages, when the disease is more difficult. Scientists have identified many contributing factors to the development of mesothelioma. The most frequent cause is asbestos exposure. However other environmental pollutants such as cadmium and arsenic can also cause the disease. Malignant mesothelioma is divided into three types based on the cells affected. Pleural mesothelioma which is the most frequent type of disease is the most common. It affects the lining of the chest cavity (pleura) and the lungs. Peritoneal Mesothelioma is less common, is still extremely serious. It is found in the lining of the stomach (peritoneum). Testicular mesothelioma occurs in a very limited number of cases and is found in the testicles. Researchers continue to investigate the connection between asbestos exposure and Mesothelioma. Some evidence suggests that mutations in genes could affect a person's likelihood of developing the disease. Clinical trials testing drugs that target these gene mutations are ongoing. Asbestos Litigation Asbestos-related diseases can cause financial hardship for victims. Asbestos lawsuits help victims recover the money they need to offset these expenses and improve their life quality. The initial step of an asbestos lawsuit is gathering evidence and identifying the key defendants. This involves analyzing the victim's past work history and determining if asbestos-related substances contributed to their condition. The victim's trial team will then make a mesothelioma claim against the responsible companies and manufacturers. The next stage in an asbestos lawsuit is the discovery process. It involves interviewing colleagues and looking at asbestos dust samples, and reviewing the medical records of the victims and laboratory tests. Once a comprehensive database of employers, vendors, and products is established, potential defendants can be identified. This could take several years, depending on the victim's employment background. It involves speaking with co-workers, relatives and abatement workers as well as reviewing a variety of records which include Social Security, tax, union and employer documents. During the discovery phase, asbestos and other defendants can file procedural motions to dismiss the plaintiff's case. They usually revolve around technical issues and are litigated by experienced attorneys in a timely manner. Once a trial date has been set, victims have to prove their injuries before jurors. This can be a difficult task because mesothelioma as well as other asbestos-related diseases are difficult to identify and have a long duration of latency. The patient must establish that exposure to asbestos caused the disease and was a direct cause. Asbestos trial attorneys can create an argument that is persuasive for their clients based on their extensive experience in this field of law. They can also work directly with insurance companies and address defenses raised in the court by defendants. This will ensure that their clients receive a fair settlement. Many asbestos cases are referred to as mass torts due to the fact that they involve large numbers of injured people 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. This litigation is currently ongoing in the Eastern District of Pennsylvania. Class Action Lawsuits Asbestos exposure is so widespread in the United States that most people have come across it at one point or another. However, it takes an extended and repeated exposure to asbestos to cause serious illnesses like mesothelioma. The latency period from the initial exposure to the diagnosis of mesothelioma could be between 10 and 60 years. The asbestos industry has been involved in a number of class action lawsuits. The most famous case was Borel v. Fireboard Paper Products Corporation. This case established a strict liability for asbestos producers. In the early cases families demanded compensation from companies that made asbestos-based products after the death of a loved one. Asbestos is a group of fibrous minerals found in the natural environment. Asbestos was a well-known building material in the 1920s and throughout the 1960s because of its heat, fire and corrosion-resistant. It is also durable and affordable. Asbestos was used in many different construction projects, including applied to fire and sound insulation pipe coating floor tiles, ceiling tiles, roofing and siding shingles. Unfortunately asbestos has been proven to be a powerful carcinogen capable of causing mesothelioma, lung cancer, and asbestosis. These diseases are caused by asbestos fibers that enter the lungs for an extended period of time and cause inflammation and scarring. In some instances, asbestos can be released into the air when asbestos-containing materials are disturbed. This can happen in commercial, residential and military structures, as well contaminated highways and bridges. The Environmental Protection Agency regulates asbestos removal, and provides guidelines on proper handling, disposal and testing of contaminated material. In certain cases, family members of mesothelioma patients have sought compensation from corporations that made asbestos-based items in the belief that they were negligent in their marketing and product development practices. Mesothelioma is a fatal illness with 90% mortality and it is therefore essential that patients seek compensation. A mesothelioma lawyer is able to guide victims along with their families and loved ones through the process taking action against negligent asbestos manufacturers. Compensation Many asbestos victims are entitled to compensation for a variety of expenses such as medical bills, lost wages and suffering. The amount of compensation awarded depends on several factors, including the severity of the illness of the victim or the time between exposure to asbestos and the diagnosis. Those diagnosed with mesothelioma or other asbestos-related disorders are often qualified to receive large financial rewards. Asbestos lawyers can help determine the eligibility of compensation. They can review a patient's medical records as well as the work history and areas where they worked. They may then utilize information on thousands of work sites and asbestos products to determine how and which areas a person was exposed to asbestos. After lawyers have gathered this information, they'll file a lawsuit against an asbestos manufacturer or trust fund. This usually takes place at the state level. The majority of mesothelioma cases are being resolved via an asbestos settlement rather than a trial. A lawyer that specializes in asbestos can usually negotiate a settlement with a client within 90 days. When negotiating an asbestos settlement, lawyers take into account how much each client has been hurt through their illness and what the total cost of treatment will be. They take into account a range of costs such as transportation costs, assistance at home and complementary therapies. They also take into account how much income and other assets the victim lost. Most people are diagnosed with Mesothelioma after their 70s. Asbestos-related illnesses can also affect people in their 40s or 50s. Asbestos-related victims might be able to claim compensation from companies who exposed asbestos or asbestos trust funds and even insurance companies that have assumed the responsibility of asbestos manufacturers. Treatment for asbestos-related diseases and mesothelioma may be costly. It can be a lonely experience for those suffering. westminster asbestos attorneys experienced mesothelioma lawyer will help ensure that every victim receives the full amount they deserve. In some instances, compensation could be in the millions. Asbestos victims who have lost a loved person to mesothelioma, or another asbestos-related illness can also pursue wrongful death lawsuits against the person responsible.