Asbestos Exposure Lawyers
Construction workers are frequently exposed to asbestos when tearing down or building new structures. This exposure can lead to asbestos-related illnesses like mesothelioma.
Asbestos lawyers can help victims their families, as well as companies that exposed them to asbestos obtain compensation. Exposure to asbestos can cause mesothelioma and lung cancer and other asbestos-related diseases.
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 illness increases with long-term, unsafe exposure. The lungs of people who have been exposed to asbestos for a prolonged period of time may accumulate millions of microscopic fibers, which can lead to the fibrotic lung diseases like asbestosis and Mesothelioma. Asbestos exposure can cause other diseases that affect the internal organ linings, such as the gastrointestinal tract, heart, and the genitals.
Exposure to asbestos can occur through inhalation of air containing asbestos fibres, the ingestion of water or food contaminated with asbestos, or the skin (touching asbestos). The occupational asbestos exposure is the most frequent way that someone develops an asbestos-related disease. Vancouver asbestos lawsuit of exposure to asbestos can occur when workers unknowingly carry asbestos dust home in their clothes. Family members may then breathe it in. It's not uncommon for home renovators to unknowingly damage asbestos-containing products during renovations or demolition.
Asbestos exposure symptoms don't always manifest immediately. It's crucial to have regular medical exams. Doctors should review a person's medical history, physical exam, and lung function tests to determine any health issues that could be a concern.
People who work with asbestos or around asbestos should be aware and take precautions to avoid exposure. If you are concerned that your house is contaminated by asbestos, hire an asbestos expert to inspect the property and collect samples for testing. Be aware about asbestos-related dangers in your home, including damaged or incomplete insulation, fire-resistant coatings on pipes, as well as old brake and clutch components that are imported from overseas.
Asbestos-Related Diseases
Asbestos exposure is linked to several serious diseases including mesothelioma, which is which is a deadly cancer. It affects the lining of the lungs, heart, abdomen and other organs. The symptoms can take a long time to manifest. It can also mimic other more common illnesses which makes it difficult to identify and treat. This is why it's crucial to inform your doctor about any possible asbestos exposure and medical history.
Asbestos exposure can cause asbestosis and pleural plaques which are lung conditions. These conditions occur by asbestos fibers, which irritate and cause scarring to the lung tissues and make it difficult for the lungs to work to bring oxygen into the bloodstream. This can result in a constant cough and chest pain.
Mesothelioma, a rare form of cancer is found in the mesothelium. This includes the lungs, chest cavity as well as other organs in the body such as the abdominal cavity, peritoneum or larynx, the ovary, and peritoneal mesothelioma. The mesothelioma cancerous cells are usually malignant. This means they can be spread to other areas of the body.
Asbestosis is a chronic condition that results from permanent changes in lung tissue due to exposure to asbestos. When asbestos is inhaled it irritates the lung tissue and causes inflammation. This inflammation eventually leads to fibrosis which causes the lungs to become stiff and inelastic. This can lead to chronic coughing or breathing problems, as well as a dry cough.
Asbestos exposure can also cause mesothelioma peritoneal that is found in the lining of the abdomen and other organs. It can cause swelling or a build-up of abdominal fluid, as well as severe abdominal discomfort, weight loss and stomach discomfort.
How do I file an asbestos claim?
Asbestos victims are able to file a claim to get compensation for their financial loss. This compensation can be used to cover medical expenses and lost wages, giving families peace of assurance and hold negligent asbestos companies accountable for their harmful actions. An expert asbestos lawyer can assist individuals know their legal options and ensure they meet the deadlines for filing.
The first step is to determine the kind of asbestos claim that is appropriate for an individual's circumstances. This will involve a review of the medical records, employment history and asbestos exposure evidence. After the information has been gathered by the attorney, a complaint will be prepared and filed with the asbestos trust fund or with the party accountable.
After the initial complaint has been filed and the asbestos trust or company will be given the opportunity to respond. During this period, the victim's lawyer will conduct an extensive investigation and discover any evidence that might help the case.
In certain cases, an attorney may also ask for punitive damages. These types of sanctions are usually used to discourage asbestos companies from engaging in similar actions in the future. Compensation for mesothelioma may range from $1 million up to $1.4 millions.
Family members and survivors can also seek mesothelioma compensation through workers' compensation or personal injury, as well as wrongful death claims. Estate representatives can also file a mesothelioma claim on behalf of a deceased victim to continue the legal action started by the patient.
In light of the complexity of these claims, an asbestos exposure lawyer is highly recommended. An experienced lawyer can handle the entire process of a mesothelioma lawsuit, including investigating the responsible parties, submitting the claim to the right location and meeting any required deadlines. Attorneys can also decide on the best way to receive the maximum amount of compensation. This could include filing multiple claims with various trust funds to increase the chances of receiving a fair settlement. In the majority of states, there are laws which limit the length of time a person can wait before filing an asbestos claim. Failure to act within the timeframe could result in the loss of rights to compensation.
New York City Asbestos Litigation Court
Anyone suffering from an asbestos-related condition can file a lawsuit with the Asbestos Litigation Court of New York City (NYCAL). The court's case management has been created to streamline litigation, and ensure that victims get the best outcome possible. However, the process of litigation in NYCAL is not without obstacles. For instance, a number of asbestos companies have been shut out of NYCAL cases due to punitive damages claims. Even though these lawsuits are brought by non-employee plaintiffs, the companies named as defendants in the lawsuits often must pay to defend themselves against punitive damages claims. This is especially applicable to companies that are held accountable for the alleged misconduct of their corporate predecessors or individuals not associated with them.
In addition asbestos claims are frequently part of large mass tort lawsuits that include several defendants and plaintiffs. As a result asbestos defendants face higher costs and possibly negative publicity because of their role in the litigation. To mitigate these risks, the courts have set up certain rules for mass torts that can be applicable to asbestos claims. One of them is that it is a necessary element of a claim for damages if the plaintiff's exposure to defendant's toxic substance caused their injuries.
The court also requires that plaintiffs prove not only that the toxin of the defendant caused their injury but that they were exposed to sufficient quantity to cause the harm, known as specific causation. In a recent decision the Appellate Division of the First Judicial Department dealt NYCAL with a severe blow, 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. In the case of Michelle Shanahan, Executrix for the Estate of Michele Shanahan and Arthur Shanahan, v. Mario & DiBono Co. Inc. and Defendants-Appellees, 171 N.Y.S.
The New York City Asbestos Litigation Court has several Judges who manage asbestos cases. The Judges that oversee NYCAL are responsible 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 like Sullivan, Ulster and Greene. Additionally, the New York Supreme Court has a Special Asbestos Task Force to oversee these claims.