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What is an Asbestos Lawsuit? new haven asbestos lawsuit can be a way for a victim or family members to get compensation from the companies responsible for their exposure. The compensation could come in the form of a jury verdict or settlement. An experienced mesothelioma lawyer will help you decide on the most appropriate kind of lawsuit for your case. The process begins by the filing of an initial complaint. The defendants have a specific time to respond. Mesothelioma Mesothelioma is a type of cancer, affects the thin tissue layer that covers the majority of the internal organs in the body. Exposure to asbestos is the main cause. The condition is typically found in the lungs however, it can also affect stomach lining, the heart, and testicles (peritoneal mesothelioma of the pleural). The condition is not common, but it is aggressive and often fatal. Most people with mesothelioma have inhaled asbestos dust during their work. The disease can take a long time to develop and symptoms may not manifest for several years. In the majority of cases, the first sign is breathlessness or chest pain. Mesothelioma is not curable however there are treatment options to relieve symptoms and prolong the lifespan. Mesothelioma is diagnosed based on the medical history of a patient as well as physical examination, and laboratory tests. It is important to tell your doctor about any asbestos-related exposure prior to the time of exposure, as it could increase your risk of developing mesothelioma. The symptoms of mesothelioma may not be necessarily specific and could be mistaken for other illnesses. Early symptoms include shortness of breath, chest pain, and dry cough. They are similar to the symptoms of lung diseases, such as pneumonia and bronchitis. This makes it difficult to recognize mesothelioma. Many patients are not diagnosed until later stages of the disease when it becomes more difficult to treat. Scientists have identified several factors that contribute to the development of mesothelioma. The most prominent factor is exposure to asbestos. Other environmental pollutants, like arsenic and cadmium can also trigger this condition. Malignant mesothelioma is divided into three types based on the number of cells affected. Pleural mesothelioma, the most prevalent form of the disease. It affects the lining of the chest cavity (pleura) and lungs. Peritoneal Mesothelioma, though less common, is still very serious. It occurs in the lining of the stomach (peritoneum). Testicular mesothelioma can be found in very few cases and occurs in the testicles. Researchers continue to study the link between asbestos exposure and Mesothelioma. There is evidence that suggests that gene mutations can affect the chance of developing mesothelioma. Clinical trials testing drugs that target these gene mutations are ongoing. Asbestos Litigation Asbestos-related ailments can cause financial hardship for those affected. Asbestos suits aid victims in receiving the compensation they need to offset their expenses and restore their quality of life. The initial step of an asbestos lawsuit is to gather evidence and identifying key defendants. This involves looking over a victim's work history and determining what asbestos-related substances contributed to their condition. The victim's trial team will then bring a mesothelioma lawsuit against the responsible companies and manufacturers. The next phase of an asbestos lawsuit is the discovery process. Interviewing colleagues and looking at asbestos dust samples as well as reviewing a victim's medical records or laboratory tests are all an element of the discovery process. Once a complete database of employers, products and vendors is created, potential defendants are identified. It can take a long time, depending on the victim's work background, and includes interviewing family members, coworkers and abatement workers as well as reviewing a variety of records that include Social Security, tax, union and employer records. During the process of discovery, asbestos and other defendants might file procedural motions seeking to throw out the plaintiff's case. These typically center on technical issues and are contested by experienced attorneys quickly. If a trial date is been set, the victims will have to demonstrate their injuries in front of the jury. This can be a challenging task since mesothelioma as well as other asbestos-related illnesses are difficult to identify. The victim must be able establish that exposure to asbestos was the cause of the condition and that it was a direct consequence. Asbestos trial attorneys can make an argument that is persuasive for their clients based on their years of experience in this field of law. They can also negotiate with insurance companies and actively address defenses that defendants raise to ensure that their client receives a fair settlement offer. Mass torts are typically used to describe asbestos cases, because they involve large numbers of injured against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. The litigation is 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 at some time or another. But it is only repeated and prolonged exposure to asbestos to cause serious diseases such as mesothelioma. The time period between exposure and diagnosis of mesothelioma can range from 10 to 60 years. The asbestos industry is implicated in a variety of class action lawsuits. The most famous case was Borel v. Fireboard Paper Products Corporation. This case established strict liability for asbestos producers. In the early cases families sought compensation from companies that made asbestos-based products after the loss of loved ones. Asbestos is a class of fibrous minerals which are found in the natural environment. Asbestos, which is resistant to fire, heat, and corrosion, was a very popular material for building in the 1920s, and even in the 1960s. It is also durable and inexpensive. Asbestos has been used in many construction projects. It was sprayed onto fire and sound insulation flooring tiles, ceiling tile, roofing and siding shingles and pipe coating. Unfortunately asbestos has been discovered to be a potent carcinogen that has the potential of causing mesothelioma, lung cancer, and asbestosis. These diseases are caused by asbestos fibers that enter the lungs for a prolonged period of time, causing inflammation and scarring. Asbestos may be released into the air when asbestos-containing materials are disturbed. This can occur in commercial, residential, and military structures, as well contaminated highways and bridges. The Environmental Protection Agency regulates asbestos removal, with guidelines for proper handling, disposal and testing of contaminated material. In some cases, family members of victims of mesothelioma have sought compensation from corporations which manufacture asbestos-based products. They claim that the companies were negligent in their product development and marketing. Mesothelioma has a 90% mortality rate and is therefore an incurable disease. It is essential that victims seek compensation. A mesothelioma lawyer with experience can assist victims and their loved ones through the entire process of seeking compensation from negligent asbestos producers. Compensation Many asbestos victims are entitled to compensation for a variety of expenses, including medical bills, lost wages and suffering and pain. The amount of compensation offered is according to a variety of factors such as the severity of the illness as well as the length of time between exposure and diagnosis. Many people diagnosed with mesothelioma and other asbestos-related diseases can receive substantial financial awards. Asbestos lawyers can assist in determining the eligibility to receive compensation. They may review the medical records of a patient as well as the work history and locations where they worked. They may then utilize information from thousands of asbestos-related sites and products to determine the extent and the place where an individual was exposed to asbestos. After gathering the information, lawyers will file a lawsuit against an asbestos or trust fund manufacturer. This is usually handled at the state-level. The majority of mesothelioma cases wind up being resolved through an asbestos settlement rather than a trial. An asbestos lawyer is able to settle a case within 90 days. Attorneys take into account the total cost of healthcare and the amount each client will suffer from asbestos-related disease when negotiating the settlement. They consider many costs that range from transportation expenses to the cost of home health aids and complementary therapies. They also look at how much income and other assets a victim lost. The majority of people diagnosed with Mesothelioma are in their 70s. However, those in their 40s and 50s could also suffer from asbestos-related illnesses. Asbestos victims can seek compensation from the companies that exposed them to the toxic substance as well as from asbestos trust funds, and from insurance companies that have assumed the responsibility for asbestos manufacturers. Mesothelioma and other asbestos-related ailments can be costly to treat. It can be a lonely time for those suffering. An experienced mesothelioma lawyer will help ensure that each victim receives the full amount they deserve. In certain instances, the amount paid is in the millions of dollars. Asbestos victims who have lost a loved family member to mesothelioma and/or another asbestos-related disease may also pursue a wrongful death lawsuit against the party responsible.