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What is an Asbestos Lawsuit? An asbestos lawsuit is a means for a victim and their family members to get compensation from companies responsible for their exposure. Compensation could take the form of a verdict by a jury, settlement or a settlement. An experienced mesothelioma attorney can help you determine which lawsuit is appropriate for your specific situation. The process begins with the filing of a complaint. The defendants are given a certain amount of time to respond. Mesothelioma Mesothelioma is a form of cancer that affects the thin layer of tissue that covers the majority organs in the organs in the body's interior. It is caused by exposure to asbestos. cleveland asbestos lawsuit is most often seen in the lungs (pleural mesothelioma) but it can also occur in the stomach the lining (peritoneal mesothelioma), the heart, and testicles. The condition is uncommon however, it can be extremely aggressive and usually fatal. The majority of people diagnosed with mesothelioma have been employed in positions where they breathed asbestos dust. The disease can take a long time to develop and symptoms might not manifest for several years. In the majority of instances, chest pain or breathlessness are the first signs. Mesothelioma can't be treated but there are therapies which can ease symptoms and prolong life. A patient can be diagnosed with mesothelioma by medical history, physical examination and laboratory tests. It is crucial to inform your doctor about any asbestos exposure experience, as it may increase the likelihood of developing mesothelioma. Symptoms of mesothelioma are not necessarily specific and could be misinterpreted as other illnesses. Early symptoms include chest pain, shortness of breath, and a dry cough. These symptoms are similar to those that are associated with lung diseases such as bronchitis or pneumonia. This makes mesothelioma very difficult to detect. Many patients are not diagnosed until the advanced stages of the disease, when it becomes more difficult to treat. Scientists have discovered a variety of factors that influence the development of mesothelioma. The most common factor is asbestos exposure. However other environmental pollutants, such as arsenic and cadmium can cause the disease. Malignant mesothelioma is classified into three types based on the number of cells affected. Pleural mesothelioma is by far the most frequent form of the disease. It is found in the the chest cavity and lungs (pleura). Peritoneal Mesothelioma, though less prevalent, is serious. It is found in the inner lining (peritoneum) of the stomach. Testicular mesothelioma can be found in very few cases and can be found in the testicles. Researchers continue to study the connection between asbestos exposure and Mesothelioma. There is evidence that suggests that mutations in genes may influence a person's chances of developing the disease. In ongoing clinical trials, researchers are testing drugs that target mutations in genes. Asbestos Litigation Asbestos-related diseases can cause financial hardship to victims. Asbestos suits can help victims receive the compensation they require to cover their expenses and restore their quality of life. The initial step of an asbestos lawsuit is gathering evidence and identifying the main defendants. This involves reviewing the past work history of the victim and determining whether asbestos-related materials were responsible for their illness. A victim's team will then make mesothelioma claims against the responsible firms. The next step in an asbestos lawsuit is the discovery process. This involves interviewing co-workers as well as analysing asbestos dust samples, and reviewing the medical records of the victim and laboratory tests. Once the database of employers, vendors and products is established it is possible to use it to identify potential defendants. It can take many years to complete this process depending on how long the victim has been employed. This involves interviewing family members, coworkers, abatement workers, and going through various records, like Social Security, union, documents regarding tax and employment. During the discovery phase, asbestos and other defendants could bring procedural motions in order to dismiss the plaintiff's case. These motions usually are founded on technical issues and are challenged by experienced attorneys. Once a trial date is established, the victims must demonstrate their injuries before a jury. This can be a daunting job, as mesothelioma along with other asbestos-related diseases are difficult to identify and can have a long time to develop. The patient must prove that exposure to asbestos caused the illness and that it was a direct cause. Asbestos lawyers can make a compelling argument for their clients based on their extensive knowledge of this area of law. They can also work directly with insurance companies and deal with the defenses made in court by defendants. This will ensure that their clients get a fair settlement. Many asbestos cases are called mass torts due to the fact that they involve large groups of injured victims against multiple defendants. The Judicial Panel on Multidistrict Litigation has combined thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. This litigation is ongoing in the Eastern District of Pennsylvania. Class Action Lawsuits In the United States, asbestos exposure is so widespread that nearly all people have been exposed at some point. It takes repeated and long-term exposure to asbestos for severe diseases like mesothelioma or lupus to develop. The time between initial exposure and diagnosis of mesothelioma may range between 10 and 60 years. The asbestos industry is involved in a number of class action lawsuits. The most famous case was that of Borel v. Fireboard Paper Products Corporation which set the precedent of strict liability for asbestos manufacturers. In the early cases, families demanded compensation for a dead loved one from companies that manufactured asbestos-based products. Asbestos is a fibrous minerals found in nature. Asbestos is resistant to fire, heat, and corrosion, was a popular material for construction in the 1920s, and even into the 1960s. It's also strong and inexpensive. Asbestos has been utilized in various construction projects. It was sprayed onto the sound and fire insulation floor tiles, ceiling tiles, roofing and siding shingles, and pipe coating. Unfortunately asbestos has been proven to be a powerful carcinogen that is capable of causing mesothelioma, asbestosis, and lung cancer. These illnesses are caused by asbestos fibers which can get into the lungs for an extended period of time and cause inflammation and scarring. In certain instances asbestos can be released into the air when asbestos-containing materials are disturbed. This could happen in commercial, military and residential buildings as well as on bridges, highways and ships. The Environmental Protection Agency regulates asbestos removal, and provides guidelines on proper handling, disposal and testing of the material that is contaminated. In certain cases families of mesothelioma patients have sought compensation from corporations that manufactured asbestos-based products, claiming that these companies were negligent in their marketing and product development practices. Mesothelioma has a 90percent mortality rate, which makes it a terminal illness. It is essential that patients seek compensation. A knowledgeable mesothelioma attorney will guide victims and their loved relatives 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 which include medical bills lost wages and suffering. The amount of compensation depends on a variety of factors like the severity of the disease or time between exposure to asbestos and the diagnosis. Many people who are diagnosed with mesothelioma and related asbestos-related diseases can be awarded substantial financial compensation. Asbestos lawyers can assist in determining compensation eligibility. They can look over the patient's medical history as well as work history and locations where they have worked. They may use information from thousands of asbestos-related products and work sites to determine where and how an individual was affected by asbestos. After obtaining this information, lawyers will file a lawsuit against an asbestos or trust fund manufacturer. This usually happens at the state-level. The asbestos settlement is the most commonly used way to resolve mesothelioma claims. An asbestos lawyer is able to negotiate a settlement within 90 days. When trying to negotiate an asbestos settlement, lawyers consider the extent to which each person has been affected by their condition and what the total cost of care will be. They evaluate a broad range of costs from transportation to home health aids, as well as complementary therapy. They also assess the amount a person has lost in income and other personal assets. Most people are diagnosed with Mesothelioma by their 70s. Asbestos-related illnesses also affect people in their 40s or 50s. Asbestos victims can seek compensation from the companies who exposed them to the toxic substance and asbestos trust funds and even from insurers that have assumed the responsibility for asbestos manufacturers. Mesothelioma and other asbestos-related ailments can be expensive to treat. It can also be a very lonely experience for people who are affected. A top mesothelioma lawyer can ensure that every victim receives the maximum amount of compensation they deserve. In some cases, compensation can be as high as millions of dollars. Asbestos victims who have loved ones who have passed away from mesothelioma or other asbestos-related disease, may file a wrongful death suit against the person responsible.