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What is an Asbestos Lawsuit? An asbestos lawsuit is a way for a victim or their family members to obtain compensation from the companies responsible for their exposure. The compensation could come in the form of a verdict by a jury or settlement. An experienced mesothelioma lawyer will help you decide on the best kind of lawsuit for your case. The process starts with the filing of a complaint. Defendants have a limited amount of time to respond. Mesothelioma Mesothelioma, a form of cancer, affects the tissue layer that covers most of the internal organs of the body. It is caused by exposure to asbestos. The most common cause of asbestos-related disease is located in the lungs, however, it can also affect the stomach lining, heart and testicles (peritoneal mesothelioma pleural). The condition is not common, but it can be aggressive and usually fatal. Most people with mesothelioma inhaled asbestos dust at work. It can take decades for the disease to manifest, and symptoms may not be evident for a long time after exposure. In most cases, chest pain and breathing problems are the first signs. Mesothelioma cannot be cured, but there are treatments to ease symptoms and prolong the life span. A patient may be diagnosed with mesothelioma through medical history, physical examination, and laboratory tests. It is crucial to inform your doctor about any asbestos exposure prior to the time of exposure, as it could increase your risk of developing mesothelioma. The symptoms of mesothelioma aren't particular and may be misinterpreted as other illnesses. Early symptoms include shortness of breath, chest pain and dry cough. These are similar to those of lung conditions like pneumonia and bronchitis. This makes mesothelioma hard to identify. Many patients are not diagnosed until the later stages of the disease, when it is more difficult to treat. Scientists have identified a variety of factors that contribute to the development of mesothelioma. The most prominent factor is exposure to asbestos. Other environmental pollutants, such as arsenic and cadmium can also trigger this condition. The three malignant types of mesothelioma can be distinguished based on the cells are affected. Pleural mesothelioma may be the most common form of the disease. It is found in the the chest cavity and the lungs (pleura). Peritoneal mesothelioma is a lesser-known condition but is still a serious condition. It is found in the lining (peritoneum) of the stomach. Testicular mesothelioma is very rare and is found in the testicles. Researchers continue to research the link between asbestos exposure and Mesothelioma. There is evidence that suggests that genetic mutations could affect a person's likelihood of developing the disease. Clinical trials to test drugs that target these gene mutations are ongoing. Asbestos Litigation In addition to the physical pain as a result of asbestos-related diseases victims also face financial hardship due to loss of income. Asbestos lawsuits can help victims receive the money they need to offset these expenses and improve their life quality. The first step in an asbestos lawsuit is gathering evidence and identifying key defendants. This includes reviewing the work history of a victim and determining the way in which asbestos-related products contributed to their condition. The victim's trial team will then make a mesothelioma claim against the responsible manufacturers and companies. The next step in an asbestos lawsuit is the discovery process. It involves interviewing colleagues, looking at asbestos dust samples, and examining the victim's medical records and laboratory tests. Once a comprehensive database of employers, vendors, and products is established, potential defendants are identified. It can take many years to complete this process, depending on the length of time that the victim has worked. This involves interviewing coworkers, family members as well as abatement workers and looking over various records including Social Security, union, tax and employer documents. During the discovery phase, asbestos and other defendants are able to bring procedural motions for dismissal of the plaintiff's claims. They usually revolve around technical issues, and are challenged by experienced lawyers in a timely manner. Once a trial date has been set, victims must prove their injuries before the jury. This is a difficult task since mesothelioma as well as other asbestos-related diseases are difficult to identify. The patient must demonstrate that exposure to asbestos caused the disease and that it was a direct consequence. Asbestos attorneys can present an argument that is persuasive for their clients based on their vast experience in this particular area of law. They can also negotiate directly with insurance companies and also address defenses brought in court by defendants. This will ensure that their clients receive a fair settlement. Many asbestos cases are referred to as mass torts because they involve large groups of victims against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated 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 In the United States, asbestos exposure is so widespread that most people have been exposed to it at some point. It takes repeated, long-term exposure to asbestos for severe diseases like mesothelioma or lupus to develop. The latency period between exposure to asbestos and the diagnosis of mesothelioma could range from 10 to 60 years. The asbestos industry is involved in a number of 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 beginning, families sought compensation for a deceased loved one from companies that produced asbestos-based products. Asbestos is a fibrous minerals that are found in nature. Asbestos was an extremely popular building material in the 1920s and into the 1960s due to its fire, heat and corrosion-resistant. It's also strong and cost-effective. Asbestos has been used in numerous 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 found to be a powerful carcinogen, capable of causing mesothelioma, lung cancer, and asbestosis. These illnesses are caused by asbestos fibers, which can infiltrate the lungs for a long period of time and cause inflammation and scarring. Asbestos may be released into the air when asbestos-containing materials are disturbed. This can happen in commercial, residential and military structures and also in highways that are contaminated and bridges. The Environmental Protection Agency regulates asbestos removal, and provides guidelines on proper handling, disposal, and testing of asbestos-contaminated material. In some cases, the relatives of those who have been affected by mesothelioma have sought compensation from corporations who manufacture asbestos-based items. south carolina asbestos attorney claim that these companies were negligent in their product development and marketing. Mesothelioma is a 90% mortality rate, making it a terminal disease. It is crucial that patients seek compensation. A mesothelioma lawyer can guide victims, their families and loved relatives through the process of suing negligent asbestos manufacturers. Compensation Many asbestos victims can claim compensation for medical expenses along with lost wages and pain and suffering. The amount of compensation depends on a variety of factors like the severity of the patient's condition or the period between exposure to asbestos and the diagnosis. Patients diagnosed with mesothelioma or other asbestos-related diseases are usually qualified to receive significant financial compensation. Asbestos lawyers can help determine compensation eligibility. They may review the medical records of a patient as well as the work history and areas where they worked. They can also use data from thousands of asbestos-related products and job sites to find out where and how a person was affected by asbestos. After obtaining this information the lawyers will file a lawsuit against an asbestos or trust fund manufacturer. The process is generally handled at the state level. Most mesothelioma cases end up being resolved via an asbestos settlement, rather than a trial. A lawyer who is specialized in asbestos will usually negotiate a settlement with a client within 90 days. When making an asbestos settlement, attorneys consider how much each client has been hurt through their illness and what the total cost of treatment will be. They take into consideration the various costs involved, from transportation expenses to the cost of home health aids and complementary therapies. They also consider how much a person has lost in income and other personal assets. It can take between 10 and 50 years for symptoms to appear and most people are diagnosed with mesothelioma by their 70s. However, those in their 40s or 50s can also be affected by asbestos-related diseases. Asbestos victims may be able to seek compensation from companies who exposed asbestos to the public, asbestos trust funds, and even insurance companies that have taken over the liability of asbestos manufacturers. Mesothelioma and other asbestos-related ailments can be expensive to treat. It can be a lonely experience for those who suffer. A top mesothelioma attorney can help ensure that every victim receives the maximum amount of compensation they are entitled to. In some cases, the compensation paid is in the millions of dollars. Asbestos victims who have lost a loved person to mesothelioma, or another asbestos-related disease may also pursue wrongful death lawsuits against the party responsible.