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What is an Asbestos Lawsuit? A lawsuit against asbestos-related companies is a fantastic way for the families of victims to be compensated. Compensation can take the form of a jury verdict or settlement. A reputable mesothelioma law firm will determine which lawsuit is best for your situation. The process begins with the filing of an initial complaint. The defendants have a specific time 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. It is caused by exposure to asbestos. The condition is most often seen in the lung (pleural mesothelioma) however it can be found in the stomach and stomach lining (peritoneal mesothelioma), heart, and testicles. The condition is not common, but it can be is often fatal and aggressive. Most people who suffer from mesothelioma have inhaled asbestos dust during their work. The disease can take years to develop and symptoms may not be apparent for a long time. In most cases, the first sign is a feeling of shortness of breath or chest pain. Mesothelioma is not curable, but there are treatments that can alleviate symptoms and prolong your life. Mesothelioma diagnosis is based on the medical history of a patient along with physical examination and laboratory tests. It is important to tell your doctor about any asbestos exposure background, as it can increase your risk of developing mesothelioma. Symptoms of mesothelioma are not particular and may be mistaken for other illnesses. Early signs include shortness in breath, chest pain, and dry cough. These are similar to the symptoms of lung-related conditions such as pneumonia or bronchitis. This makes mesothelioma a challenge to identify. Many patients are not diagnosed until advanced stages of the disease when it is more difficult to treat. Scientists have identified a variety of contributing factors to the growth of mesothelioma. Exposure to asbestos is the most widely known factor. Other environmental pollutants, like arsenic or cadmium, could be a cause of this disease too. The three forms of malignant mesothelioma depend on the type of cells are affected. Pleural mesothelioma is by far the most prevalent form of the disease. It is found in the lining of the chest cavity and lungs (pleura). Peritoneal mesothelioma occurs less frequently but it is still serious. It is found in the inner lining (peritoneum) of the stomach. It is a rare type of cancer that affects the testicles. Researchers continue to study the connection between asbestos exposure and Mesothelioma. There is evidence that suggests that genetic mutations can influence the risk of developing mesothelioma. Clinical trials testing medicines that target these mutations are ongoing. Asbestos Litigation Asbestos-related diseases can cause financial hardship to victims. Asbestos lawsuits can help victims receive the amount they require to offset these expenses and improve their standard of living. The first step in an asbestos lawsuit involves gathering evidence and identifying the key defendants. This includes reviewing the history of work done by the victim and determining if asbestos-related products caused their illness. fayetteville asbestos attorneys will then make a mesothelioma claim against the responsible manufacturers and companies. The next stage in an asbestos lawsuit is the discovery process. Interviewing coworkers and studying asbestos dust samples as well as reviewing victim's medical records or laboratory tests are all aspects of the discovery process. Once a comprehensive database of employers, products and vendors is compiled, potential defendants are identified. It can take a number of years to complete this process, depending on how long the victim has worked. This involves interviewing coworkers, family members, abatement workers, and reviewing various records, including Social Security, union, tax and employer records. In the process of discovery, asbestos and other defendants are able to present procedural motions to dismiss the plaintiff's claim. These motions usually are made based on technical issues, and are challenged by skilled attorneys. When a trial date has been set, the victims must prove their injuries before the jury. This can be a daunting task, because mesothelioma and other asbestos-related diseases are hard to diagnose and can have a long time to develop. The patient must establish that exposure to asbestos caused the disease and was a direct cause. Asbestos trial attorneys can create a compelling case for their clients by drawing on their years of experience in this particular area of law. They can also negotiate directly with insurance companies, and address defenses raised in 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 victims who are harmed by multiple defendants. The Judicial Panel on Multidistrict Litigation has combined 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 In the United States, asbestos exposure is so widespread that most people have been exposed to it at some time or another. But it is only continuous and prolonged exposure to asbestos for it to cause mesothelioma-related illnesses that are serious. The latency period between the initial exposure and the diagnosis of mesothelioma could 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 the strict liability of asbestos producers. In the early cases families were seeking compensation from companies who made asbestos-based products after the death of loved ones. Asbestos is one of the fibrous minerals that occur in the natural environment. Asbestos was a popular building material in the 1920s and into the 1960s because it is heat, fire, and corrosion resistant. It is also durable, and cheap. Asbestos is used in various construction projects. It was sprayed on the sound and fire insulation flooring tiles, ceiling tiles, roofing and siding shingles, and pipe coatings. Asbestos is a potent carcinogen that is capable of causing asbestosis lung cancer and mesothelioma. These diseases result from asbestos fibers, which can infiltrate the lungs for an extended period of time and cause inflammation and scarring. In some cases, asbestos can be released into the air when asbestos-containing materials are disturbed. This can occur in commercial, residential and military structures as well as contaminated highways and bridges. The Environmental Protection Agency regulates asbestos removal, as well as guidelines for proper handling, disposal and testing of asbestos-contaminated material. In certain cases families of mesothelioma patients have sought compensation from the companies that produced asbestos-based products and claimed that the companies were negligent in their marketing and product development practices. Mesothelioma is a 90% mortality rate, making it a fatal disease. It is important that victims seek compensation. An experienced mesothelioma attorney can guide victims and their loved ones through the entire process of seeking compensation from negligent asbestos manufacturers. Compensation Many asbestos-related victims can receive compensation for medical expenses, lost wages, and pain and suffering. The amount of compensation awarded is dependent on a variety of factors which include the severity of the illness as well as the length of time between exposure and diagnosis. Anyone diagnosed with mesothelioma, or other asbestos-related diseases are usually eligible to receive large financial rewards. Asbestos lawyers can help determine the eligibility of compensation. They can look over a patient's medical records as well as the work history and places they worked. They can then look up information from thousands of work sites and asbestos products to determine when and where a person was exposed to asbestos. After gathering this information, lawyers will file a lawsuit against an asbestos or trust fund manufacturer. This is usually done at the state-level. The asbestos settlement is the most frequent method to settle mesothelioma lawsuits. A lawyer who is specialized in asbestos usually negotiates an agreement with the client within 90 days. Attorneys take into account the total cost of treatment and the amount that each patient will suffer from asbestos-related illness when negotiating a settlement. They evaluate a broad range of costs, ranging from transportation to home health aids and complementary therapy. They also look at how much income and other assets a victim lost. It takes 10-50 years before symptoms begin to manifest and most patients are diagnosed with mesothelioma by their 70s. Asbestos-related diseases also affect victims in their 40s and 50s. Asbestos victims may be able to seek compensation from companies who exposed them as asbestos trust funds and even insurers who have assumed the liability of asbestos manufacturers. Mesothelioma and other asbestos-related diseases can be very expensive to treat. It can be a very lonely experience for those who suffer. A top mesothelioma attorney can help ensure that every victim receives the compensation they are entitled to. In certain instances, the amount awarded is in the millions of dollars. Asbestos victims who have lost a loved one to mesothelioma or another asbestos-related illness may also file a wrongful death lawsuit against the party responsible.