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What is an Asbestos Lawsuit? A lawsuit against asbestos-related companies is a great opportunity for the families of victims to receive compensation. The compensation could come in the form of a jury verdict or settlement. A mesothelioma lawyer who has experience can help you choose the most appropriate type of lawsuit to suit your case. The process starts with the filing of an initial complaint. The defendants have a short amount of time to respond. Mesothelioma Mesothelioma, a form 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) but it can also be found in the stomach and stomach lining (peritoneal mesothelioma), heart, and testicles. The condition is not common, but it can be aggressive and usually fatal. Most people with mesothelioma ingested asbestos dust at work. It takes a long time for disease to manifest and the symptoms may not appear for years after exposure. In the majority of cases, chest pain and shortness of breathe are the first signs. Mesothelioma cannot be cured however there are ways to relieve symptoms and prolong the life span. Mesothelioma is diagnosed based on the medical history of a patient, physical exam, and laboratory tests. It is important to discuss any previous exposure to asbestos with your doctor in order to reduce the risk of developing the disease. Symptoms of mesothelioma are not particularly specific and are often confused with other illnesses. Early signs include shortness of breath, chest pain, and dry cough. These symptoms are similar to those experienced with lung diseases such as bronchitis or pneumonia. This makes mesothelioma a challenge to detect. A majority of patients are diagnosed in the later stages, which means that the disease is more difficult to diagnose. Scientists have discovered a variety of factors that be responsible for the development of mesothelioma. The most prominent factor is asbestos exposure. Other pollutions in the environment, like arsenic, cadmium and arsenic, can be a cause of this disease too. The three forms of malignant mesothelioma are based on which cells are affected. Pleural mesothelioma which is the most common type of the disease is the most widespread. It is found in the the chest cavity and the lungs (pleura). Peritoneal mesothelioma is less frequent however it is still very serious. It is found in the stomach's lining (peritoneum). 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 could influence the risk of developing mesothelioma. In ongoing clinical trials, researchers are testing the effects of drugs targeting gene mutations. Asbestos Litigation Asbestos-related illnesses can cause financial hardship for victims. Asbestos suits help victims get the money they need to offset their expenses and improve their quality of life. The initial step of an asbestos lawsuit is to gather evidence and identifying the key defendants. This includes examining the past work history of the victim and determining whether asbestos-related materials contributed to their condition. The victim's legal team will bring mesothelioma lawsuits against the responsible firms. The next stage of an asbestos lawsuit is the discovery process. interviewing coworkers, studying asbestos dust samples and also reviewing the victim's medical documents or laboratory tests are all an element of the discovery process. Once a database of employers, vendors, and products is built and maintained, it can be used to identify potential defendants. It can take a long time, depending on the victim's work background. It involves speaking with colleagues, relatives and abatement workers as well as reviewing different records that include Social Security, tax, union and employer documents. During the discovery stage, asbestos and other defendants can make procedural motions to revoke the plaintiff's claims. These motions usually are based on technical issues and are challenged by skilled attorneys. Once a trial date is set, victims must prove their injuries before a jury. This is a tough task because mesothelioma, and other asbestos-related diseases are difficult to identify. The victims must be able to prove that exposure to asbestos caused the illness, and that the illness was a direct result of that exposure. Asbestos trial attorneys can create an argument that is persuasive for their clients based upon their vast experience in this field of law. They can also deal with insurance companies, and address defenses that defendants raise to ensure that their clients receive a fair settlement. Mass torts are frequently used to describe asbestos cases because they involve large groups injured against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of asbestos-related 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 a majority of people have been exposed to it at some time or another. But it is only an extended and repeated exposure to asbestos for it to cause serious diseases like mesothelioma. The time period between exposure to asbestos and the diagnosis of mesothelioma can range from 10 to 60 years. The asbestos industry is implicated in numerous class action lawsuits. The most famous was Borel v. Fireboard Paper Products Corporation. This case established the strict liability of asbestos producers. In the early cases, families demanded compensation for a dead loved one from companies that produced asbestos-based products. Asbestos is comprised of fibrous minerals found in nature. Asbestos, which is impervious to heat, fire and corrosion, was a common material for building materials in the 1920s and in the 1960s. It is also durable and cost-effective. Asbestos was utilized in many different construction projects, such as sprayed on fire and sound insulation, pipe coating, ceiling tiles, floor tiles, roofing and siding shingles. Asbestos is a carcinogen that is that is capable of causing asbestosis lung cancer and mesothelioma. These illnesses can be triggered by breathing asbestos fibers in tiny amounts, which can get into the lungs and remain there for a long time which can cause inflammation and scarring and eventually causing cancerous tumors. Asbestos can be released in the air when asbestos-containing materials are disturbed. This can happen in commercial, residential and military structures as well as in contaminated highways and bridges. Asbestos removal regulations are enforced by the Environmental Protection Agency, which includes guidelines that govern the correct disposal, handling, and testing of contaminated materials. In a few cases, family members of mesothelioma patients have sought compensation from the companies that made asbestos-based products, claiming that these companies were negligent in their product development and marketing practices. Mesothelioma has a 90% mortality rate and is therefore a terminal disease. It is imperative that patients seek compensation. A knowledgeable mesothelioma attorney will assist victims and their loved families through the entire process of seeking compensation from negligent asbestos manufacturers. Compensation Many asbestos victims are entitled to compensation for a wide range of expenses such as medical bills, loss of wages, and pain and suffering. The amount of compensation varies according to a variety factors, including the severity of the disease and the amount of time between exposure and diagnosis. Many people who are diagnosed with mesothelioma and related asbestos-related diseases can be awarded substantial financial awards. Asbestos lawyers can help determine the eligibility of compensation. They may review the medical records of a patient, work history and the locations where they worked. They can make use of information from thousands of asbestos products and job sites to find out where and how a person was affected by asbestos. After gathering this information, the lawyers will file a suit against a trust fund or asbestos manufacturer. This usually happens at the state level. The asbestos settlement is the most commonly used method to settle mesothelioma cases. An asbestos lawyer can typically reach a settlement in 90 days. Attorneys look at the total cost of care and the amount that each client will be suffering from their asbestos-related illness when making an agreement. They take into account many costs such as transportation costs, home health aides and complementary therapies. They also take into account how much a person has lost in income and other assets. It takes 10-50 years for symptoms to appear, so most people are diagnosed with mesothelioma within their 70s. Asbestos-related diseases be a problem for victims in their 40s or 50s. Asbestos victims can recover compensation from the companies who exposed them toxic substance, from asbestos trust funds and from insurance companies that have assumed the responsibility of asbestos producers. augusta asbestos law firm for asbestos-related diseases and mesothelioma is costly. It can be a lonely time for those who are affected. A reputable mesothelioma lawyer will help ensure that every victim receives the full compensation they are entitled to. In some cases, compensation could reach millions of dollars. Asbestos victims who have lost a loved family member to mesothelioma and/or another asbestos-related illness can also pursue wrongful death lawsuits against the person responsible.