Asbestos Exposure Lawyers
When building new structures or tearing them down creating new ones, construction workers are exposed to asbestos. This exposure can cause asbestos-related diseases like mesothelioma.
Asbestos exposure lawyers can assist victims and their families recover compensation from companies who exposed them to this hazardous substance. 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, risky exposure. The lungs of those who have been exposed to asbestos for a prolonged period of time may accumulate millions of microscopic fibres, which can cause fibrotic lung disease like asbestosis and Mesothelioma. The exposure to asbestos can cause other diseases that affect the linings of organs within like the gastrointestinal tract, heart and genitals.
The exposure to asbestos can happen by inhalation of air that contains asbestos fibers, ingestion of water or food contaminated with asbestos or through dermal exposure (touching asbestos). Occupational asbestos exposure is the most common method to develop an asbestos-related disease. This type of exposure can occur when employees are unaware of the dangers of asbestos dust and bring it home on their clothing, where it is inhaled by family members. Home renovators are often disturbed by asbestos-containing materials without knowing it during demolition or renovations.
Asbestos-related symptoms don't always show up immediately. It's important to have regular medical examinations. Doctors should review a person's medical history, physical exam and lung function tests to identify any potential health problems.
Those who work in or around asbestos should be aware of the risks and take appropriate precautions to avoid exposure. If you're concerned that your house is contaminated by asbestos, get an asbestos removal expert to examine the property and take samples for testing. You should also be aware of asbestos-related risks in your home, which include pipes that are not finished or damaged, old brake and clutch components imported overseas, as well as damaged or unfinished insulation.
Asbestos-Related Diseases
Asbestos exposure is linked to various serious illnesses including mesothelioma, which is which is a deadly cancer. It affects the lining of the lungs, heart, abdomen and other organs. The symptoms may take years to manifest. It is also a frequent cause of more common ailments which makes it difficult to identify and treat. It's important that you tell your doctor if you have ever been exposed to asbestos, as well as about your medical background.
Asbestos exposure may also cause asbestosis and pleural plaques which are non-cancerous lung conditions. These conditions occur by asbestos fibers that cause irritation and cause scarring to the lung tissues, making it difficult for the lungs to work to bring oxygen into the bloodstream. This can lead to a chronic cough and shortness of breath, chest pain and fever.
Mesothelioma, a rare form of cancer that occurs in the mesothelium. This covers the chest cavity, the lungs and other organs of the internal system such as the abdominal cavity, peritoneum, or larynx, ovary, and mesothelioma of the peritoneal region. The mesothelioma cells that are cancerous are typically malignant, which means they may be spread to other areas of the body.
Asbestosis, a chronic disease caused by asbestos exposure, is a permanent change to lung tissue. When asbestos is inhaled it causes irritation to lung tissue and causes inflammation. This irritation causes lawyers asbestos fibrosis which causes the lungs become stiff and rigid. This can lead to a persistent cough or breathing problems, as well as dry cough.
Asbestos can cause peritoneal msothelioma to the abdominal lining and organs. It can cause swelling in the abdomen or a buildup of fluid, and can cause extreme stomach discomfort, weight loss and stomach discomfort.
How do you file an Asbestos Claim
Asbestos victims can file claims for compensation to cover their financial losses. This compensation can be used to pay for medical treatments and lost wages, give families peace of mind and hold negligent asbestos companies responsible for their harmful actions. An asbestos lawyer with years of experience can help people understand the legal options that are available to them and ensure that they meet all deadlines.
The first step to determine the type of asbestos claim that is suitable for a particular person is to assess the particular circumstances of the individual. This will involve a review of medical records, employment history and asbestos exposure evidence. After the information has been gathered by the attorney, the complaint will be drafted and filed with the asbestos trust fund or with the party responsible.
Once the initial complaint is filed and the asbestos trust or company will be given the opportunity to respond. During this time the lawyer for the victim will conduct a thorough investigation and identify any evidence that could make the case stronger.
In certain instances an attorney might request punitive damages. These penalties are usually used to deter asbestos companies from engaging in similar practices in future. Compensation for mesothelioma may range from $1 million to $1.4 millions.
Family members and survivors can also seek mesothelioma compensation through workers' compensation, personal injury or wrongful death claims. To continue the legal action initiated by the victim's estate representative, they may file a mesothelioma lawsuit on behalf of the deceased.
A lawyer who specializes in asbestos exposure is highly recommended, due to the complexity of these claims. An experienced lawyer will handle all aspects of mesothelioma cases, including investigating the responsible party, submitting the claim at the right place, and meeting any deadlines. Additionally, lawyers can determine the best method for obtaining the maximum amount of compensation. This includes filing multiple claims using different trust funds to increase the chances of receiving a fair payout. In many states there are statutes of limitation that limit how long someone must wait to submit an asbestos claim. Failure to act within the specified time 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 suit at the Asbestos Litigation Court of New York City (NYCAL). This court for case management was established to streamline litigation and ensure the highest possible outcome for those who suffer. The process of litigation in NYCAL has its own challenges. For instance, numerous asbestos companies have been shut out of NYCAL cases over punitive damages claims. Even though these cases are brought by non-employee plaintiffs, the companies named as defendants in the lawsuits usually have to pay to defend themselves against punitive damages claims. This is especially relevant to companies that have been held responsible for the alleged misconduct of their corporate predecessors or other individuals not associated with them.
Asbestos claims can also be part of mass tort cases that involve both plaintiffs as well as defendants. Because of this asbestos defendants face higher costs and a potential negative publicity because of their involvement in litigation. In order to reduce the risk, courts have formulated specific rules for mass torts which are applied to asbestos claims. One of these rules is that it's an essential part of an action for damages that the plaintiff's exposure is toxic substance by the defendant has caused their injuries.
Additionally, the court requires that plaintiffs prove that they were exposed to the toxins in sufficient quantities to cause harm. This is referred to as specific causality. In a recent ruling, the Appellate Division of the First Judicial Department dealt NYCAL a serious blow by affirming 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 Plastering Co. Inc., Defendants-Appellees 171 N.Y.S.
The New York City Asbestos Litigation Court has a number of Judges who deal with asbestos cases. The Judges in charge of NYCAL oversee the 5th judicial district, which includes 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. Additionally, the New York Supreme Court has a Special Asbestos Task Force to supervise these claims.