Asbestos Exposure Lawyers
When tearing down old structures or building new ones construction workers are exposed asbestos. This exposure can cause asbestos-related illnesses such as mesothelioma.
Asbestos lawyers can help victims, their families and companies who exposed them to asbestos obtain compensation. Exposure to asbestos could cause mesothelioma, lung cancer and other asbestos-related ailments.
Exposure to Asbestos
Asbestos is a naturally occurring mineral fiber that's resistant to heat and corrosion. It's been used in a wide range of consumer products, including insulation for pipes (steam lines and boilers), building materials, floor tiles, friction products such as automotive brakes and clutches, and more. Exposure to asbestos can lead to a variety of health problems, especially lung cancer and mesothelioma. Mesothelioma is a rare form of cancer that affects the lining of the chest cavity and abdominal cavity (pleura), as well as membranes surrounding other organs such as the larynx and ovary. Mesothelioma symptoms typically don't appear until 30 to 40 years after initial exposure to asbestos.
Exposure to asbestos that is long-term and unsafe increases the risk of developing asbestos-related illnesses. People who have been exposed to a lot of asbestos typically have millions of tiny asbestos fibres that have accumulated in their lungs. This can trigger fibrotic lung diseases like asbestosis and mesothelioma. Exposure to asbestos can also trigger other diseases that affect the linings of organs within, such as gastrointestinal tract, heart and genitals.
Exposure to asbestos can occur by inhalation of air that contains asbestos fibers, ingestion of water or food contaminated with asbestos, or dermal exposure (touching asbestos). Occupational asbestos exposure is the most common method that a person develops an asbestos-related illness. The exposure can happen when workers do not realize they have brought asbestos dust home on their clothing where it is inhaled by family members. It's not uncommon for home renovators to accidentally disturb asbestos-containing materials during renovations or demolition.
The signs of asbestos exposure typically aren't evident immediately, which is why it's crucial to have regular medical exams. Doctors should review the patient's work history and perform a physical exam and lung function tests to detect any potential health issues.
Anyone who works with or around asbestos should be aware of the dangers and take steps to minimize exposure. If you're concerned that your house is contaminated by asbestos, you should hire an asbestos expert to assess the condition of the building and take samples to test. Be vigilant about asbestos-related dangers in your home, such as unfinished or damaged insulation, fire-resistant coatings on pipes, and older brake and clutch components imported from overseas.
Asbestos-Related Illnesses
Asbestos exposure is linked to numerous serious diseases including mesothelioma which is which is a fatal cancer. It affects the lining of the lungs and abdomen, the heart, and other organs, and the symptoms may take years to manifest. It also often mimics other more common diseases which makes it difficult to treat and diagnose. It is essential to inform your doctor if you've ever been exposed to asbestos, as well as about your medical history.
In addition to mesothelioma, asbestos exposure can trigger two kinds of non-cancerous, asbestos-related lung conditions: pleural plaques and asbestosis. These conditions are caused by asbestos fibers, which irritate and damage the lung tissues and make it difficult for the lungs do their job to get oxygen into the bloodstream. This can result in a constant cough and shortness of breath, chest pain, and fever.
Mesothelioma, a rare cancer, occurs in the mesothelium. This includes the lungs, chest cavity, and other internal organs like the abdominal cavity, peritoneum, or larynx, ovary and mesothelioma of the peritoneal region. Mesothelioma cancerous cells are usually malignant, which means they may spread to other parts of the body.
Asbestosis is a chronic illness caused by asbestos exposure is a permanent change to lung tissue. Asbestos exposure causes inflammation and irritation of the lung tissue. The irritation can cause fibrosis, which causes the lungs to become stiff and rigid. This can lead to an ongoing cough as well as breathing difficulties and dry cough.
Asbestos exposure can cause mesothelioma peritoneal which is located in the lining of the abdomen and other organs. It can cause swelling in the abdomen or a buildup of fluid, and can cause extreme stomach pain, weight loss and stomach discomfort.
How do you file an Asbestos Claim
Asbestos victims can file a claim for compensation to compensate them for their financial losses. This compensation can be used to pay for medical expenses and lost wages, give families peace of mind and hold negligent asbestos companies accountable for their harmful actions. An experienced asbestos lawyer can help people to understand their legal options and help ensure that they meet all necessary deadlines.
The first step is determining the kind of asbestos claim appropriate for the individual's situation. This involves a thorough review of the medical documents, employment histories and asbestos exposure records. After obtaining this information and analyzed, the attorney will draft an initial complaint that is filed with the liable party or asbestos trust fund.
After the initial complaint is filed the asbestos company or trust will be given an opportunity to respond to the allegations. During this period the lawyer for the victim will conduct a thorough investigation and identify any evidence that may strengthen the case.
In certain cases attorneys may also seek punitive damages. These penalties are often used as a deterrent to asbestos companies from engaging similar practices in the future. Typically, Mesquite asbestos lawyer can receive anywhere between $1 million and $1.4 million in mesothelioma compensation.
Family members and survivors can also seek mesothelioma compensation through workers compensation, personal injury or wrongful death claims. Estate representatives can also file a mesothelioma case on behalf of a deceased victim to continue the legal process initiated by the patient.
Given the complexities of these claims, an asbestos exposure lawyer is highly recommended. An experienced lawyer will handle all aspects of the mesothelioma claim, including investigating the person responsible, submitting the claim in the proper location, and meeting any deadlines. In addition, attorneys can determine the best method for obtaining the maximum amount of compensation. This includes filing multiple claims using various trust funds to increase chances of receiving a fair amount. In most states there are laws that limit the time a person can wait before filing an asbestos claim. Failure to act within the timeframe could result in a loss of rights to compensation.
New York City Asbestos Litigation Court
Anyone suffering from an asbestos-related disease can file a lawsuit with the Asbestos Litigation Court of New York City (NYCAL). The court for case management was created to streamline litigation and guarantee the best possible outcome for those who suffer. However, the litigation process in NYCAL is not without its obstacles. Asbestos-related companies, for instance have been thrown out of NYCAL lawsuits involving punitive damage claims. Even though these lawsuits are brought by non-employee plaintiffs and defendants, the companies named as defendants in these lawsuits typically have to cover the cost of defending themselves against these punitive damage claims. This is particularly relevant to companies that have been deemed to be accountable for the actions of their corporate predecessors or other individuals no longer associated with them.
Asbestos claims can also be involved in mass tort cases which involve both plaintiffs and defendants. Because of this, asbestos defendants are often facing increased costs and potential negative publicity for their involvement in the litigation. To mitigate the risk, courts have established certain rules for mass torts which are applicable to asbestos claims. One of them is that it is a crucial element of a claim for damages if the plaintiff's exposure to the defendant's toxic substance resulted in their injuries.
The court also requires plaintiffs to prove that the defendant's toxins caused their injury, but also that they were exposed in sufficient quantities to cause the harm, known as specific causation. In a recent decision, the Appellate Department of the First Judicial Department dealt NYCAL with a serious blow by reaffirming the need. In the case, Michelle Shanahan as Executrix for the Estate of Arthur Shanahan and Michele Shanahan, v. Mario & DiBono Plastering Co. Inc., Defendants-Appellees, 171 N.Y.S. 3d 503 (1st Dep't 2022) the court ruled that plaintiffs were not able to meet the specific causation requirement set by the Supreme Court in Nemeth v. Mobile Oil Corp. in that the expert witness in the case did not provide enough evidence to prove that mesothelioma was the result of "significant exposure to levels above the background level."
New York City Asbestos Litigation Court is a court that has several judges who handle asbestos cases. The Judges who are in charge of NYCAL oversee the 5th Judicial district, which encompasses the counties of Onondaga, Herkimer, Oswego, Jefferson and Lewis, as well as the 4th Judicial District, which includes the counties of Sullivan, Ulster, Greene, Madison, Cortland, Tompkins, Chemung, and Chenango. The New York Supreme Court also has a Special Asbestos Task Force that supervises these claims.