What is an Asbestos Lawsuit?
irvine asbestos lawsuit against asbestos-related companies is a great way for victims or their families to obtain compensation. Compensation may be in the form of a jury verdict or settlement.
An experienced mesothelioma attorney can help you determine which lawsuit is the best one for your situation. The process starts with the filing of an initial complaint. The defendants have a specific time to respond.
Mesothelioma
Mesothelioma is a kind of cancer that affects the thin layer of tissue that covers many of the body's internal organs. 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 uncommon, but it is extremely serious and often fatal.
Most people who have mesothelioma inhaled asbestos dust at work. The disease can take years to develop and symptoms might not manifest for several years. In the majority of cases, chest pain and shortness of breathe are the first signs. Mesothelioma is not curable however there are treatments that can ease symptoms and prolong the life of patients.
A patient may be diagnosed with mesothelioma by 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 the likelihood of developing mesothelioma.
The symptoms of mesothelioma may not be very specific and can be confused with other illnesses. Early signs include shortness in breath, chest pain and dry cough. These symptoms are similar to those that are associated with lung conditions such as bronchitis or pneumonia. This makes mesothelioma difficult to recognize. Many patients are diagnosed at the later stages, when the disease is more difficult.
Scientists have identified many contributing factors to the growth of mesothelioma. The most prominent factor is exposure to asbestos. However, other environmental pollutants, such as arsenic or cadmium could also cause the disease.
The three types of malignant mesothelioma depend on the type of cells are affected. Pleural mesothelioma, the most common form of the disease. It affects the lining of the chest cavity (pleura) and lungs. Peritoneal Mesothelioma though not as common, is very serious. It is found in the lining of the stomach (peritoneum). It is a rare type of cancer that affects the testicles.
Researchers continue to study the link between asbestos exposure and Mesothelioma. There is evidence that suggests that genetic mutations can affect the likelihood of developing the disease. Current clinical trials are testing drugs that target mutations in genes.
Asbestos Litigation
Asbestos-related diseases can cause financial hardship for those affected. Asbestos suits help victims get the compensation they need to cover their expenses and improve their standard of living. The first step in an asbestos lawsuit is gathering evidence and identifying key defendants. This includes reviewing the work history of the victim and determining what asbestos-related substances contributed to their condition. The victim's team will start mesothelioma lawsuits against responsible companies.
The next phase of an asbestos lawsuit is the discovery process. This involves interviewing co-workers as well as studying asbestos dust samples and examining the medical records of the victim and laboratory tests. Once the database of employers, vendors, and products is built, it can be used to identify potential defendants. This can take years, dependent on the victim's job history and includes interviews with family members, co-workers, abatement workers and reviewing several documents that include Social Security, tax, union and employer documents.
During the discovery stage, asbestos and other defendants can present procedural motions to dismiss the plaintiff's case. These typically center on technical issues, and are litigated by experienced attorneys in a timely fashion.
After a trial date has been set, the plaintiffs will need to demonstrate their injuries in front of a jury. This is a difficult task as mesothelioma and other asbestos-related illnesses are difficult to diagnose. The patient must demonstrate that exposure to asbestos caused the illness 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 can also bargain with insurance companies and proactively address the defenses that defendants raise to ensure that their clients receive an appropriate settlement offer.
Many asbestos cases are called mass torts since they involve large groups of injured individuals against multiple defendants. The Judicial Panel on Multidistrict Litigation consolidated thousands of asbestos cases into MDL 875 In Re Asbestos Products Liability Litigation. This litigation is currently pending 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 at some time or another. It requires a long-term and repeated exposure to asbestos for severe illnesses such as mesothelioma to develop. The time period between the initial exposure and the diagnosis of mesothelioma may range from 10 to 60 years.
The asbestos industry is involved in a variety of class action lawsuits. The most well-known case was Borel v. Fireboard Paper Products Corporation. This case established a strict liability for asbestos producers. In the beginning, families demanded compensation for a dead loved one from the firms that made asbestos-based items.
Asbestos is composed of fibrous minerals that are found in nature. Asbestos is resistant to fire, heat and corrosion, was a very popular material for building materials in the 1920s, and even in the 1960s. It's also strong and affordable. Asbestos was used in many different construction projects, such as spraying on fire and sound insulation pipe coating, floor tiles, ceiling tiles, and roofing and siding shingles.
Asbestos is a powerful carcinogen that is capable of causing asbestosis lung cancer and mesothelioma. These diseases can be caused by breathing asbestos fibers that are tiny, that can be absorbed into the lungs and stay there for a long period of time which can cause inflammation and scarring and eventually leading to cancerous tumors.
In some instances asbestos can release into the air when asbestos-containing materials are disturbed. This can occur in military, commercial, and residential buildings, as well as on bridges, roads, and ships. The Environmental Protection Agency regulates asbestos removal, with guidelines for proper handling, disposal, and testing of the material that is contaminated.
In a few instances, family members of mesothelioma sufferers have sought compensation from corporations that manufactured asbestos-based products with the claim that they were negligent in their marketing and product development practices. Mesothelioma is a fatal illness with a 90 percent mortality rate so it is imperative that victims seek compensation. A mesothelioma lawyer can help victims as well as their families and loved ones through the process of suing negligent asbestos manufacturers.
Compensation
Many asbestos victims can claim compensation for medical bills, lost wages, and pain and suffering. The amount of compensation depends on a variety of factors, such as the severity of the illness of the victim or the time between exposure to asbestos and diagnosis.
People diagnosed with mesothelioma and other asbestos-related diseases are often entitled to large financial rewards. Asbestos lawyers can help determine the eligibility of compensation. They may review the patient's medical history as well as work history and locations where they have worked. They can then use information from thousands of asbestos-related sites and products to determine the extent and which areas a person was exposed to asbestos.
After obtaining this information lawyers will then file a suit against a trust fund or asbestos manufacturer. This is generally done at the state level. The majority of mesothelioma cases are being resolved via an asbestos settlement, rather than a trial. A lawyer who is specialized in asbestos will usually negotiate the settlement with a client within 90 days.
Attorneys evaluate the total cost of treatment and the amount each patient will suffer from asbestos-related illness when making the settlement. They take into consideration various costs that range from transportation expenses to home health aides and complementary therapies. They also consider how much income and other assets a victim lost.
It can take 10 to 50 years for symptoms to appear and most people are diagnosed with mesothelioma by their 70s. However, patients in their 40s and 50s can also suffer from asbestos-related illnesses. Asbestos-related victims can get compensation from the companies who exposed them to the toxic substance, from asbestos trust funds and from insurance companies that have taken over responsibility for asbestos manufacturers.
Mesothelioma and other asbestos-related illnesses can be expensive to treat. It can be a lonely experience for those who suffer. A mesothelioma lawyer of the top quality can assist in ensuring that each victim receives all the compensation they deserve. In certain instances, the amount awarded is in the millions of dollars. Asbestos victims families whose loved ones have passed away from mesothelioma, or another asbestos-related illness, can make wrongful death claims against the responsible party.