Asbestos Exposure Lawyers
When building new structures or tearing them down building new ones construction workers are exposed to asbestos. The exposure can lead to asbestos-related illnesses such as mesothelioma.
Asbestos lawyers can assist victims family members and the companies who exposed them to asbestos recover compensation. Exposure to asbestos can cause mesothelioma, lung cancer and other asbestos-related illnesses.
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.
The chance of developing an asbestos-related disease increases with long-term, unsafe exposure. The lungs of those who have been exposed to asbestos for a long period of time can build up millions of microscopic fibres, which can lead to fibrotic lung disease like asbestosis and Mesothelioma. Asbestos exposure can also cause other illnesses that affect internal organ linings, like the gastrointestinal tract, the heart, and the genitals.
The exposure to asbestos can happen through inhalation of air containing asbestos fibres, the ingestion of water or food contaminated with asbestos, or dermal exposure (touching asbestos). The most frequent way that people contract an asbestos-related disease is through exposure to asbestos in the workplace. The exposure can happen when workers are unaware of the dangers of asbestos dust and bring it to their homes, where it can be inhaled by family members. Home renovators often disturb asbestos-containing materials unknowingly during renovations or demolition.
The signs of asbestos exposure typically aren't evident immediately, which is why it's crucial to have regular medical examinations. Doctors should review the history of the patient's employment and conduct a physical examination as well as lung function tests in order to determine if there are any health issues.
Anyone who works in or around asbestos should be aware of the risks and take precautions to avoid exposure. If you're worried that your home contains asbestos, hire an asbestos expert to examine the property and take samples for testing. You should also be aware of asbestos-related dangers in your home, which include pipes that are not finished or damaged, old brake and clutch components imported overseas, as well as damaged or incomplete insulation.
Asbestos-Related Diseases
Asbestos exposure can cause numerous serious illnesses which include a deadly form of cancer called mesothelioma. It affects the lining of the lungs, heart, abdomen and other organs, and symptoms can take a long time to manifest. It can also mimic other more common ailments making it difficult for doctors to diagnose and treat. This is why it's important to tell your doctor about any possible asbestos exposure and your medical history.
In addition to mesothelioma exposure, asbestos can trigger two kinds of non-cancerous lung conditions that are asbestos-related: pleural plaques and asbestosis. These conditions occur when asbestos fibers inflame the lung tissues and scar them which makes it more difficult for the lungs to perform their job of getting oxygen into the bloodstream. This can cause constant cough and shortness of breath, chest pain, and fever.
Mesothelioma, a rare form of cancer that occurs in the mesothelium. It covers the chest cavity, the lungs and other organs of the internal system like the abdominal cavity, peritoneum, or larynx, the ovary, and mesothelioma peritoneal. Cancerous mesothelioma cells are typically malignant, meaning they can expand to other parts of the body.
Asbestosis, a chronic disease caused by asbestos exposure, is a permanent change in lung tissue. Inhaling asbestos can cause irritation and inflammation of the lung tissue. The irritation can cause fibrosis which causes the lungs become rigid and inelastic. This can cause a persistent cough and difficulty breathing.
Asbestos exposure can also cause peritoneal mesothelioma which is located in the abdomen's lining and other organs. It can cause swelling in the abdomen or a buildup of fluid, as well as extreme stomach discomfort, weight loss and stomach discomfort.
How to File an Asbestos Claim
Asbestos victims can file a claim to recover compensation for their financial loss. This compensation can be used to pay for medical expenses and lost wages, provide families with peace of mind, and hold negligent asbestos companies accountable for their toxic actions. An asbestos lawyer with years of experience can help people understand the legal options available to them and ensure that they meet all deadlines.
The first step in determining the type of asbestos claim that is appropriate for a particular individual is to assess the particular circumstances of that person. This will involve the review of medical records, employment history and asbestos exposure records. Once all the information is collected the attorney will draft an initial complaint which is filed with the liable party or asbestos trust fund.
After the initial complaint has been filed, the asbestos trust or company will have the opportunity to respond. During this period the lawyer representing the victim will conduct a thorough investigation and identify any additional evidence that could be used to prove the case.
In certain instances an attorney might request punitive damages. These penalties are often used as a deterrent to asbestos companies from engaging in similar practices in future. Compensation for mesothelioma can range from $1 million to $1.4 millions.
The survivors and their loved ones can also pursue mesothelioma compensation through workers compensation or personal injury, as well as wrongful death claims. Estate representatives can also file a mesothelioma case on behalf of a deceased victim in order to continue the legal process initiated by the patient.
A lawyer that specializes in asbestos exposure is highly recommended given the complex nature of these claims. A seasoned lawyer can handle all aspects of the mesothelioma claim that includes identifying the responsible party, submitting the claim at the right location, and meeting any deadlines. Lawyers can also help determine the best way to receive the maximum amount of compensation. Kansas City asbestos lawsuit could involve filing multiple claims at various trust funds to increase the odds of receiving a fair settlement. In the majority of states, there are statutes that limit the amount of time one has to wait before making an asbestos claim. Failure to act within the deadline could result in the loss of rights to compensation.
New York City Asbestos Litigation Court
Anyone suffering from an asbestos-related condition could file a lawsuit in the city of New York's Asbestos Litigation Court (NYCAL). The court's case management was created to simplify litigation and ensure those who suffer from asbestos receive the best outcome possible. The process of litigation in NYCAL has its challenges. For instance, a number of asbestos companies have been shut out of NYCAL cases because of punitive damages claims. Despite the fact that these lawsuits are filed by non-employees however, the companies who are named in the lawsuits must to pay for their defense against punitive damage claims. This is especially applicable to companies that are deemed to be responsible for the alleged misconduct of their corporate predecessors or individuals not associated with them.
Asbestos claims are also often included in mass tort lawsuits which involve both plaintiffs and defendants. Due to this, asbestos defendants face increased costs and potential negative publicity for their role in the litigation. To mitigate the risk, courts have set up certain rules for mass torts which are applicable to asbestos claims. One of these rules is that it's a necessary component of an action for damages that exposure to a toxic by the defendant has caused their injuries.
The court also requires that plaintiffs prove not only that the defendant's toxin caused their injury but that they were exposed in sufficient quantities to cause the harm, known as specific causation. In a recent decision, the Appellate Division of the First Judicial Department dealt NYCAL a serious blow by reaffirming this requirement. 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 did not meet the specific causation standard established by the Supreme Court in Nemeth v. Mobile Oil Corp. The expert witness in the case was unable to provide enough evidence to prove that mesothelioma is a result of "significant exposure above background levels."
The New York City Asbestos Litigation Court has a variety of Judges who handle asbestos cases. The Judges who manage NYCAL are accountable for the 5th Judicial District that includes counties like Onondaga and Herkimer as in addition to Jefferson, Lewis, Cortland and Tompkins. They also oversee the 4th Judicial District which includes counties such as Sullivan, Ulster and Greene. The New York Supreme Court also has a Special Asbestos Task Force that supervises these claims.