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What is an Asbestos Lawsuit? An asbestos lawsuit is a way for a victim or their family members to receive compensation from companies responsible for their exposure. Compensation may be in the form of a verdict by a jury or settlement. A mesothelioma lawyer who has experience can help you choose the best kind of lawsuit for your situation. The process begins with filing a complaint. The defendants are given a certain time frame to respond. Mesothelioma Mesothelioma is a form 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 disease is most commonly located in the lungs, however, it can also affect the stomach lining, the heart, and testicles (peritoneal mesothelioma of the pleural). The condition is rare but aggressive and usually fatal. Many people who suffer from mesothelioma worked in jobs where they breathed asbestos dust. It takes a long time for cancer to develop and symptoms may not appear for years after exposure. In most cases, chest pain and shortness of breath are the first symptoms. Mesothelioma can't be treated however there are treatments that can ease symptoms and prolong life. A patient may be diagnosed with mesothelioma based on medical history, physical examination and laboratory tests. It is crucial to inform your doctor about any asbestos-related exposure history, as it can increase the risk of developing mesothelioma. The symptoms of mesothelioma can be confused with other diseases. Early signs include shortness in breath, chest pain and dry cough. These symptoms are similar to those experienced with lung diseases like bronchitis or pneumonia. This makes mesothelioma a challenge to detect. Most patients are diagnosed in the later stages, which means that the disease is more difficult to diagnose. Scientists have identified a number of factors that can contribute to the development mesothelioma. The most common factor is exposure to asbestos. Other environmental pollutants, like arsenic, cadmium and arsenic, can also trigger this condition. Malignant mesothelioma is classified into three types based on the cells affected. Pleural mesothelioma, the most common type of the disease is the most widespread. It occurs in the lining of the chest cavity and lungs (pleura). Peritoneal Mesothelioma, though less frequent, is serious. It is located in the inner lining (peritoneum) of the stomach. Testicular mesothelioma is very rare and occurs in the testicles. Researchers continue to investigate the link between asbestos exposure and Mesothelioma. There is evidence suggesting that gene mutations can affect the likelihood of a person developing mesothelioma. Clinical trials to test the effectiveness of drugs that target these mutations are ongoing. Asbestos Litigation In addition to the physical discomfort associated with asbestos-related illnesses, victims often face financial hardship as a result of the loss of income. Asbestos suits can help victims receive the money they need to offset their expenses and improve their quality of life. The first step in a asbestos lawsuit is gathering evidence and identifying defendants. This includes reviewing the work history of a victim and determining how asbestos-related products contributed to their condition. A victim's team of trial lawyers will then start a mesothelioma suit against the responsible companies and manufacturers. The discovery process is the next step in a lawsuit involving asbestos. This involves interviewing coworkers as well as looking at asbestos dust samples, and examining the medical records of the victims and laboratory tests. Once a complete database of employers, vendors, and products is established, potential defendants are identified. It can take a number of years to complete this process depending on the length of time that the victim has worked. This involves interviewing family members, coworkers as well as abatement workers and studying various records, like Social Security, union, tax and employer documents. During the discovery phase, asbestos and other defendants may present procedural motions to dismiss a plaintiff's claim. These motions are usually founded on technical issues and are challenged by skilled lawyers. Once a trial date has been set, victims will have to demonstrate their injuries in front of the jury. This can be a difficult task because mesothelioma as well as other asbestos-related diseases are difficult to detect and can have a long duration of latency. The victims must be able to demonstrate that their exposure asbestos was the cause of the disease and that the illness was a direct consequence of that exposure. Asbestos lawyers can provide a compelling argument for their clients based on their vast knowledge of this area of law. They can also engage with insurance companies and actively address defenses posed by defendants to ensure that their clients receive a fair settlement. Mass torts are commonly used to describe asbestos cases because they involve large amounts of victims who are harmed by 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 taking place in the Eastern District of Pennsylvania. Class Action Lawsuits Asbestos exposure is so common in the United States that most people have come into contact with it at one point or another time. However, it requires continuous and prolonged exposure to asbestos to cause serious illnesses like mesothelioma. The time between the initial exposure to the diagnosis of mesothelioma might range between 10 and 60 years. The asbestos industry has been 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 strict liability for asbestos producers. In the beginning, families sought compensation from companies that made asbestos-based products after the loss of loved ones. Asbestos is one of the fibrous minerals that are found in the natural environment. Asbestos, which is invulnerable to fire, heat, and corrosion, was a common building material in the 1920s, and even in the 1960s. It is also durable and affordable. Asbestos was used in many different construction projects, such as spraying on sound and fire insulation pipe coating floor tiles, ceiling tiles, and roofing and siding shingles. Unfortunately asbestos has been discovered to be a powerful carcinogen that has the potential of creating mesothelioma, lung cancer, and asbestosis. These illnesses are caused by asbestos fibers that enter the lungs over 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 as well as contaminated highways and bridges. Asbestos removal is controlled by the Environmental Protection Agency, which has guidelines on the proper disposal, handling and testing of materials that are contaminated. In some instances, the family members of victims of mesothelioma have sought compensation from companies which manufacture asbestos-based products. They claim that the corporations were negligent in their product development and marketing. Mesothelioma sufferers have a 90% mortality rate, making it a terminal illness. It is imperative that victims seek compensation. lauderhill asbestos attorneys with experience can assist victims and their loved families through the entire process of seeking compensation from negligent asbestos producers. Compensation Many asbestos victims are entitled to compensation for a wide range of expenses that include medical bills, lost wages, as well as suffering. The amount of compensation varies on many factors, such as the severity of the illness of the victim or the period between exposure to asbestos and diagnosis. Many people diagnosed with mesothelioma or other asbestos-related diseases may be eligible for substantial financial awards. Asbestos lawyers can help determine the eligibility to receive compensation. They can review the patient's medical history, work history, and the places where they've worked. They can then use information on thousands of asbestos-related sites and products to determine how and which areas a person was exposed to asbestos. After obtaining this information the lawyers will file a lawsuit against the trust fund or asbestos manufacturer. This usually happens at the state level. The majority of mesothelioma cases end up being resolved through an asbestos settlement instead of a trial. A lawyer that specializes in asbestos will usually negotiate an agreement with a client within 90 days. When making an asbestos settlement, attorneys consider how much each client has been affected through their illness and what the total cost of care will be. They look at a variety of costs, from transportation to home health aids and complementary therapies. They also take into account how much income and other assets that a victim was able to lose. It can take between 10 and 50 years for symptoms to appear, so most patients are diagnosed with mesothelioma in their 70s. Asbestos-related diseases can also affect victims who are in their 40s and 50s. Asbestos victims may be able to seek compensation from companies who exposed them or asbestos trust funds and even insurers who have taken over the liability of asbestos manufacturers. Treatment for asbestos-related diseases and mesothelioma is costly. It can also be a lonely experience for those afflicted. A mesothelioma lawyer of the top quality can assist in ensuring that each victim receives the maximum amount of compensation they are entitled to. In certain cases, compensation could be in the millions. Asbestos victims families whose loved ones have passed away from mesothelioma, or an asbestos-related illness, can file a wrongful death suit against the person responsible.