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What is an Asbestos Lawsuit? A lawsuit against asbestos firms is a wonderful way for families of victims to receive compensation. The compensation could come in the form of a jury verdict or settlement. A mesothelioma lawyer who is experienced can determine which type of lawsuit is suitable for your particular situation. The process begins with the filing of an initial complaint. The defendants have a finite period of time to respond. Mesothelioma Mesothelioma is a type of cancer, affects the tissue layer that covers the majority of the internal organs of the body. It is caused by exposure to asbestos. The disease often occurs in the lung (pleural mesothelioma) however it can occur in the stomach and stomach lining (peritoneal mesothelioma), the heart, and testicles. The condition is rare but aggressive and usually fatal. Many people who suffer from mesothelioma worked in jobs where they breathed asbestos dust. The disease can take a long time to develop and symptoms might not show up for years. In the majority of cases, the initial symptom is shortness of breath or chest pain. Mesothelioma can't be treated however, there are treatments to relieve symptoms and prolong the life. A patient can be diagnosed with mesothelioma based on medical history, physical examination, and laboratory tests. It is crucial to inform your doctor about any asbestos-related exposure experience, as it may increase your risk of developing mesothelioma. The symptoms of mesothelioma may not be particularly specific and are often misinterpreted as other illnesses. Early symptoms include chest pain, a shortness of breath, and a dry cough. These symptoms are similar to those associated with lung diseases like bronchitis or pneumonia. This makes it difficult for doctors to diagnose mesothelioma. A majority of patients are diagnosed in the latter stages, when the disease is more difficult. Scientists have identified a number of causes that could contribute to the development mesothelioma. The most common factor is exposure to asbestos. However, other environmental pollutants such as cadmium and arsenic can also cause the disease. Malignant mesothelioma can be classified into three types based on the number of cells affected. Pleural mesothelioma which is the most frequent type of disease, is the most prevalent. It occurs in the lining of the chest cavity and the lungs (pleura). Peritoneal Mesothelioma though less common, is still very serious. It is located in the inner lining (peritoneum) of the stomach. It is a rare cancer that affects the testicles. Researchers continue to study the link between asbestos exposure and Mesothelioma. There is evidence that suggests that gene mutations may influence the risk of developing mesothelioma. Clinical trials are currently underway to test the effects of drugs targeting gene mutations. Asbestos Litigation Asbestos-related illnesses can cause financial hardship for victims. Asbestos suits assist victims in getting the money they need to cover their expenses and restore their quality of life. The first step in a asbestos lawsuit is gathering evidence and identifying the defendants. This involves reviewing the work history of the victim and determining the way in which asbestos-related products caused their illness. A victim's trial team will then bring a mesothelioma lawsuit against the responsible companies and manufacturers. The discovery process is the next step in a lawsuit involving asbestos. Interviewing colleagues and analyzing asbestos dust samples, as well as examining the victim's medical documents or laboratory tests are all an element of the discovery process. Once an inventory of employers, vendors and products is compiled and maintained, it can be used to find potential defendants. This could take years dependent on the victim's job background, and includes interviewing co-workers, relatives, abatement workers and reviewing various documents that include Social Security, tax, union and employer records. During the discovery stage, asbestos and other defendants may file procedural motions seeking to dismiss the plaintiff's case. These motions usually are focused on technical issues and are opposed by experienced attorneys. Once a trial date has been set, victims have to prove their injuries before a jury. This can be a daunting task due to the fact that mesothelioma and other asbestos-related diseases are difficult to diagnose and have a lengthy time to develop. The patient must establish that exposure to asbestos was the reason for the condition and that it was a direct consequence. Asbestos lawyers can present a compelling argument for their clients based on their extensive knowledge of this area of law. They are also able to negotiate 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 often used to describe asbestos cases due to the fact that they involve large groups of victims who are harmed by 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 ongoing in the Eastern District of Pennsylvania. Class Action Lawsuits In the United States, asbestos exposure is so widespread that the majority of people have been exposed to it at some time or another. It takes repeated and long-term exposure to asbestos for serious diseases such as mesothelioma develop. The time period between exposure to asbestos and the diagnosis of mesothelioma may range between 10 and 60 years. The asbestos industry is implicated in a variety of class action lawsuits. The most well-known was that of Borel v. Fireboard Paper Products Corporation, which established the precedent of strict liability for asbestos manufacturers. In the early cases families sought compensation from companies that produced asbestos-based products for the loss of loved ones. Asbestos is one of the fibrous minerals found in the natural environment. eugene asbestos lawsuit , which is invulnerable to heat, fire and corrosion, was a very popular material for building materials in the 1920s, and even into the 1960s. It's also durable, and cheap. Asbestos has been used in a variety of different construction projects, such as spraying on sound and fire insulation, pipe coating ceiling tiles, floor tiles, roofing and siding shingles. Unfortunately asbestos has been discovered to be a powerful carcinogen, capable of inducing mesothelioma as well as asbestosis, and lung cancer. These illnesses can be caused by breathing asbestos fibers in tiny amounts, which can enter the lungs and stay for a long time and cause inflammation and scarring and eventually leading to cancerous tumors. Asbestos is released into the air if asbestos-containing substances are disturbed. This can happen in commercial, military and residential structures, as well as in bridges, highways, and even ships. The Environmental Protection Agency regulates asbestos removal, including guidelines on proper handling, disposal, and testing of material that has been contaminated. In a few cases, family members of mesothelioma patients have sought compensation from the corporations that made asbestos-based items with the claim that they were negligent in their marketing and product development practices. Mesothelioma is a terminal illness with 90% mortality, making it imperative that patients seek compensation. A knowledgeable mesothelioma attorney will help victims and their family relatives through the entire process of seeking compensation from negligent asbestos producers. Compensation Many asbestos victims are entitled to compensation for a variety of expenses, including medical bills, lost wages, and suffering and pain. The amount of compensation varies dependent on a variety of factors that include the severity of each victim's illness as well as the length of time between exposure and diagnosis. Anyone diagnosed with mesothelioma, or other asbestos-related diseases are usually eligible for substantial financial awards. Asbestos lawyers can assist in determining the eligibility to receive compensation. They can review a patient's medical records, work history and the areas where they worked. They can then analyze information on thousands of work sites and asbestos products to determine how and the place where an individual was exposed to asbestos. Once the lawyers have gathered the necessary information, they'll make a claim against an asbestos manufacturer or trust fund. This usually happens at the state level. The majority of mesothelioma cases are being resolved via an asbestos settlement rather than a trial. A lawyer with expertise in asbestos is able to negotiate a settlement with a client within 90 days. Attorneys look at the total cost of care and how much each client will be suffering from their asbestos-related disease when trying to negotiate a settlement. They take into account the various costs involved such as transportation costs, aids at home and other complementary therapies. They also take into account how much a person has lost in income and other personal assets. It takes between 10 and 20 years for symptoms to surface and most people are diagnosed with mesothelioma in their 70s. Asbestos-related illnesses also affect victims in their 40s or 50s. Asbestos victims can recover compensation from the companies that exposed them toxic substance or asbestos trust funds and even from insurers that have taken over responsibility for asbestos manufacturers. Mesothelioma and other asbestos-related illnesses are costly to treat. It can also be a lonely experience for those affected. An experienced mesothelioma lawyer will help ensure that every victim receives the compensation they deserve. In some cases, the compensation given is in the millions of dollars. Asbestos victims families whose loved ones have passed away from mesothelioma or other asbestos-related disease, can also bring a wrongful death lawsuit against the person responsible.