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What is an Asbestos Lawsuit? An asbestos lawsuit is a means for a victim or their family members to receive compensation from the company responsible for their exposure. Compensation can be in the form a jury verdict or settlement. A mesothelioma lawyer who has experience can help you choose the best type of lawsuit to suit your situation. The process begins by the filing of an initial complaint. The defendants have a short time frame to respond. Mesothelioma Mesothelioma is a type of cancer that affects the thin layer of tissue that covers the majority of the organs in the body's interior. Exposure to asbestos is the reason. The condition is most often seen in the lung (pleural mesothelioma) however it can be found in the stomach the lining (peritoneal mesothelioma) or in the heart as well as testicles. The condition is rare but aggressive and usually fatal. The majority of mesothelioma patients have worked on jobs where they inhaled asbestos dust. The disease can take years to be diagnosed and symptoms may not appear for a long time. In the majority of cases, chest pain and shortness of breathe are the first symptoms. Mesothelioma is not curable however there are treatment options to alleviate symptoms and prolong the life. A patient may be diagnosed with mesothelioma through medical history, physical examination and laboratory tests. It is crucial 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 very specific and can be misinterpreted as other illnesses. The first signs are shortness of breath, chest pain, and dry cough. These symptoms are similar to those experienced with lung conditions such as bronchitis or pneumonia. This makes it difficult to identify mesothelioma. Most patients are diagnosed in the latter stages, when the disease is more difficult to diagnose. Scientists have identified a number of factors that may contribute to the development mesothelioma. The exposure to asbestos is the most well-known one. However other environmental pollutants like arsenic or cadmium could also cause the disease. Malignant mesothelioma is divided into three kinds based on the types of cells affected. Pleural mesothelioma, the most prevalent form of the disease. It is found in the the chest cavity and lungs (pleura). Peritoneal Mesothelioma though not as common, is very serious. It is found in the inside (peritoneum) of the stomach. Testicular mesothelioma is very rare and is found in the testicles. Researchers continue to study the connection between asbestos exposure and mesothelioma. There is evidence that suggests that mutations in genes can influence a person's risk of developing the disease. Current clinical trials are testing drugs that target gene mutations. Asbestos Litigation In addition to the physical pain as a result of asbestos-related diseases, victims often face financial hardship due to loss of income. Asbestos suits can help victims receive the compensation they need to pay for their expenses and restore their quality of life. The initial step of an asbestos lawsuit involves gathering evidence and identifying key defendants. This involves reviewing the work history of the victim and determining how asbestos-related products caused their illness. A victim's trial team will then file a mesothelioma lawsuit against the responsible companies and manufacturers. The discovery phase is the next one in a lawsuit involving asbestos. interviewing coworkers, analyzing asbestos dust samples, and also reviewing the victim's medical documents or laboratory tests are all aspects of the discovery process. Once the database of employers, vendors and products is established and compiled, it can be used to find potential defendants. This could take several years, depending on the victim's work history and includes interviews with co-workers, relatives, abatement workers and reviewing a variety of records, including Social Security, tax, union and employer documents. During the discovery phase, asbestos and other defendants may bring procedural motions in order to throw out a plaintiff's case. These typically center on technical issues, and are contested by experienced attorneys in a timely manner. When a trial date has been set, victims have to prove their injuries before the jury. This can be a difficult task, because mesothelioma and other asbestos-related diseases are hard to diagnose and have a long latency period. The victims must be able to demonstrate that their exposure asbestos caused the disease and that the disease was a direct result of that exposure. Asbestos attorneys can present an argument that is persuasive for their clients based on their extensive experience in this particular area of law. They can also bargain with insurance companies and address defenses made by defendants to ensure that their client receives a fair settlement offer. Mass torts are typically 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 combined thousands of asbestos cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is ongoing in the Eastern District of Pennsylvania. Class Action Lawsuits Asbestos exposure is so widespread in the United States that most people have come into contact with it at one point or another time. It requires a long-term and repeated exposure to asbestos for severe diseases like mesothelioma develop. The time between initial exposure and diagnosis of mesothelioma may range between 10 and 60 years. The asbestos industry has been involved in several class action lawsuits. The most famous case was Borel v. Fireboard Paper Products Corporation. This case established the strict liability of asbestos producers. In the early cases, families sought compensation for a deceased loved one from the firms that made asbestos-based items. Asbestos is one of the fibrous minerals found in the natural world. Asbestos is resistant to fire, heat, and corrosion, was a common material for building in the 1920s, and even in the 1960s. It is also durable and affordable. Asbestos has been utilized in a variety of construction projects. It was sprayed onto fire and sound insulation floor tiles, ceiling tiles roofing and siding shingles and pipe coatings. Unfortunately asbestos has been discovered to be a powerful carcinogen that has the potential of creating mesothelioma, asbestosis, and lung cancer. These illnesses can be caused by breathing asbestos fibers in tiny amounts, which can get into the lungs and remain in the lungs for a prolonged period leading to inflammation and scarring and eventually causing cancerous tumors. In certain situations asbestos may be released into the air when asbestos-containing materials are disturbed. This can happen in commercial, residential, and military structures as well as contaminated highways and bridges. Asbestos removal is controlled by the Environmental Protection Agency, which includes guidelines that address proper disposal, handling and testing of materials that are contaminated. In some cases, family members of victims of mesothelioma have sought compensation from corporations that make asbestos-based products. clearwater asbestos law firm claim that the corporations were negligent in their product development and marketing. Mesothelioma can be a fatal disease with 90% mortality which is why it is essential that patients seek compensation. A mesothelioma lawyer is able to guide victims as well as their families and loved family members through the process of suing negligent asbestos manufacturers. Compensation Many asbestos-related victims can receive compensation for medical bills as well as lost wages and suffering. The amount of compensation awarded depends on several factors, such as the severity the victim's illness or the period between exposure to asbestos and diagnosis. Those diagnosed with mesothelioma or other asbestos-related diseases are usually entitled to large financial rewards. Asbestos lawyers can assist in determining the eligibility to receive compensation. They may review the medical history of the patient, work history, as well as the places they have worked. They can use information from thousands of asbestos-related products and job sites to determine if and how an individual was affected by asbestos. After obtaining this information the lawyers will then file a suit against the trust fund or asbestos manufacturer. This is usually done at the state level. The asbestos settlement is the most frequent method to settle mesothelioma cases. A lawyer who is specialized in asbestos can usually negotiate a settlement with a client within 90 days. Attorneys consider the total cost of treatment and the amount each patient will suffer from asbestos-related illness when trying to negotiate a settlement. They consider a wide range of costs, from transportation to home health aids, as well as complementary therapy. They also assess how much a victim has lost in income and other personal assets. The majority of people are diagnosed with Mesothelioma after their 70s. However, victims in their 40s or 50s can also be affected by asbestos-related diseases. Asbestos sufferers may be able recover compensation from companies who exposed asbestos or asbestos trust funds and even insurance companies who have taken over the liability of asbestos producers. Treatment for asbestos-related diseases and mesothelioma may be costly. It can also be a very lonely experience for those afflicted. A reputable mesothelioma lawyer can assist in ensuring that every victim receives the compensation they deserve. In some cases, the compensation can reach millions of dollars. Asbestos victims who have lost a loved one to mesothelioma or another asbestos-related disease may also pursue a wrongful death lawsuit against the person responsible.