Asbestos Exposure Lawyers
When taking down old structures or creating new ones, construction workers are exposed asbestos. This exposure can lead to asbestos-related diseases such as mesothelioma.
Asbestos lawyers can help victims family members and the companies that exposed them to asbestos recover compensation. Exposure to asbestos may cause lung cancer, mesothelioma 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 illness increases with long-term, risky exposure. People exposed to high levels of exposure are often afflicted with millions of asbestos fibres in their lungs. Beaumont asbestos lawsuits can trigger fibrotic lung diseases like mesothelioma or asbestosis. The exposure to asbestos can trigger other diseases that affect the linings of organs within like the digestive tract as well as the heart and genitals.
Exposure to asbestos can occur by inhalation of air that contains asbestos fibers, ingestion of contaminated food or water or through dermal exposure (touching asbestos). The most common method by which people contract an asbestos-related illness is through exposure to asbestos in the workplace. The exposure can occur when workers are unaware of the dangers of asbestos dust and bring it to their homes, which can then be inhaled by family members. It's not uncommon for homeowners and renovators to unknowingly disturb asbestos-containing materials during a renovation or demolition.
The symptoms of asbestos exposure generally don't appear immediately, so it's important to seek regular medical exams. Doctors should look over the patient's work history and conduct a physical examination and lung function tests in order to identify any possible health problems.
People who work in or around asbestos should be aware of the risks and take appropriate precautions to avoid exposure. If you're worried that your home may contain asbestos, hire an asbestos removal specialist to inspect the property and test the samples. Be vigilant about possible asbestos-related hazards in your home, including unfinished or damaged insulation and fire-resistant coatings on pipes, and old brake and clutch components imported from overseas.
Asbestos-Related Diseases
Asbestos exposure can cause several serious diseases, including mesothelioma, a deadly cancer. It affects the lung lining and abdomen, the heart, and other organs. The symptoms can take decades to show up. It can also mimic other more common diseases making it difficult for doctors to identify and treat. It is essential to inform your doctor if you've ever been exposed to asbestos or about your medical background.
In addition to mesothelioma exposure, asbestos can cause two types of non-cancerous, asbestos-related lung conditions: pleural plaques and asbestosis. These conditions occur when asbestos fibers irritate the lung tissues and scar them and make it difficult for the lungs to do their job of getting oxygen into the bloodstream. This can cause a persistent cough and chest pain.
Mesothelioma, a rare cancer, occurs in the mesothelium. It 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. Cancerous mesothelioma cancer cells are typically malignant. This means they can expand to different areas of the body.
Asbestosis is a condition that can last for a long time that is caused by permanent changes in the lung tissue due to exposure to asbestos. Asbestos exposure causes inflammation and irritation of the lung tissue. This irritation causes fibrosis that causes the lungs become stiff and inelastic. This can lead to an ongoing cough and breathing difficulties.
Asbestos may also cause peritoneal msothelioma in the linings of the abdomen and organs. It can cause swelling of the abdomen or a buildup fluid, in addition to extreme stomach discomfort, weight loss and stomach discomfort.
How to File an Asbestos Claim
Asbestos victims are able to file a claim to receive compensation for financial loss. This compensation can be used to pay for medical treatment and lost wages, provide families with peace of mind, and hold negligent asbestos companies accountable for their harmful actions. An asbestos lawyer with experience can help individuals understand the legal options that are available to them and ensure that they meet all deadlines.
The first step is to determine the type of asbestos claim that is suitable for the particular situation. This will involve a review of medical records, employment history and asbestos exposure records. Once this information is gathered 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 and the asbestos trust or company will be given the chance to respond. During this time, the victim's attorney will conduct an extensive investigation and discover any additional evidence that could be used to prove the case.
In certain cases the attorney can request punitive damages from the accountable parties. These types of penalties are usually used to discourage asbestos companies from engaging in similar practices in the future. Compensation for mesothelioma may range from $1 million to $1.4 millions.
Survivors and their loved ones 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 representatives, they can file a mesothelioma suit on behalf of the deceased.
A lawyer with expertise 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 person responsible, submitting the claim in the proper location, and completing any deadlines. Attorneys can also determine the best way to receive the most compensation. This could include filing multiple claims in different trust funds to increase the chances of receiving a fair settlement. In the majority of states, there are statutes that limit the time a person can wait before filing an asbestos claim. Failure to act within the deadline could result in the loss of rights to compensation.
New York City Asbestos Litigation Court
Someone suffering from an asbestos-related condition could file a lawsuit in New York City's Asbestos Litigation Court (NYCAL). This court for case management has been created to streamline litigation, and ensure that victims get the best outcome possible. The litigation process in NYCAL has its challenges. For instance, asbestos-related companies have been thrown out of NYCAL lawsuits involving punitive damage claims. Despite the fact that these lawsuits are filed by non employees however, the companies that are named in the lawsuits are required to be responsible for their defense against punitive damages claims. This is particularly relevant to companies that have been deemed to be responsible for the alleged conduct of their corporate predecessors as well as others who have no longer been associated with them.
In addition asbestos claims are frequently included in large mass tort lawsuits that include several defendants and plaintiffs. Because of this asbestos defendants are subject to increased costs and possibly negative publicity because of their role in the litigation. To mitigate these risks the courts have enacted mass tort rules that apply to asbestos claims. One such rule is that it is a necessary element of a claim for damages that the plaintiff's exposure to defendant's toxic substance caused their injuries.
The court also requires plaintiffs to prove not only that the defendant's toxin caused their injury, but also that they were exposed to sufficient quantities to cause the injury, also known as specific causation. 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. 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. The expert witness in the case was unable to provide enough evidence to prove that mesothelioma was the result of "significant exposure to levels above background levels."
New York City Asbestos Litigation Court is a court that has several judges who deal with asbestos cases. The Judges in charge of NYCAL supervise the 5th judicial district, which encompasses the counties of Onondaga, Herkimer, Oswego, Jefferson and Lewis, and 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 oversees these claims.