Asbestos Exposure Lawyers
When tearing down old structures or creating new ones construction workers are exposed to asbestos. The exposure can lead to asbestos-related diseases such as mesothelioma.
Asbestos exposure lawyers can assist victims and their families collect compensation from companies who exposed them to this hazardous material. Exposure to asbestos can lead to mesothelioma, 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.
Long-term, unsafe asbestos exposure increases the risk of developing asbestos-related ailments. People exposed to high levels of exposure often have millions of tiny asbestos fibres in their lungs, which can cause fibrotic lung diseases like mesothelioma or asbestosis. The exposure to asbestos can cause other illnesses that affect the linings of internal organs including the stomach as well as the heart and genitals.
Exposure to asbestos may occur by inhaling air containing asbestos fibers, consuming toxic food items or drinking contaminated water or through dermal exposure (touching the asbestos). The most common way people contract an asbestos-related disease is through exposure to asbestos in the workplace. This type of exposure can happen when workers do not realize they have brought asbestos dust to their homes, which can then be inhaled by family members. It is not uncommon for home renovators to accidentally disturb asbestos-containing materials during a renovation or demolition.
Asbestos exposure symptoms may not show up immediately. It's important to have regular medical exams. Doctors should examine the history of the patient's employment and conduct a physical exam as well as lung function tests to detect any potential health issues.
People who work with or around asbestos must be aware of the dangers and take steps to minimize exposure. If you are concerned that your home contains asbestos, hire an asbestos expert to inspect the property and take samples for testing. Be aware of asbestos-related hazards in your home, which include pipes that are not finished or damaged, old brake and clutch parts imported overseas, as well as damaged or unfinished insulation.
Asbestos-related Illnesses
Asbestos exposure can cause numerous serious diseases including mesothelioma, which is which is a deadly cancer. It can affect the lung linings as well as the heart, as well as the abdomen and other organs. Symptoms can take years to manifest. It is also a frequent cause of more common illnesses which makes it difficult to treat and diagnose. This is why it's important to tell your doctor about any potential asbestos exposure and medical background.
Asbestos exposure may also cause asbestosis and pleural plaques, which are non-cancerous lung conditions. These conditions develop when asbestos fibers irritate the lung tissues and cause scarring, which in turn makes it harder for the lungs to complete their job of getting oxygen into the bloodstream. This can lead to a persistent cough, shortness of breath, chest pain and fever.
Mesothelioma is a rare cancer that occurs in the mesothelium. This includes the chest cavity, lungs as well as other organs in the body such as the abdominal cavity, peritoneum, or larynx, ovary, and mesothelioma of the peritoneal region. The mesothelioma cancerous cells are typically malignant. This means that they could be spread to other areas of the body.
Asbestosis is a condition that can last for a long time that is caused by permanent changes to the lung tissue that are caused by exposure to asbestos. When asbestos is breathed in, it causes irritation to the lung tissue and causes inflammation. This irritation eventually leads to fibrosis and causes the lungs to become stiff and inelastic. This can result in a persistent cough and breathing difficulties.
Asbestos may cause peritoneal msothelioma to the abdominal lining and organs. It can cause swelling or a build-up of fluid in the abdomen and also cause severe abdominal pain, weight loss and stomach discomfort.
How to File an Asbestos Claim
Asbestos victims can submit an action for compensation to cover financial losses. This compensation can be used to cover medical expenses and lost wages, give families peace of mind and hold negligent asbestos companies responsible for their toxic actions. An expert asbestos lawyer can assist individuals understand their legal options and help ensure that they meet all necessary deadlines.
The first step is determining the type of asbestos claim appropriate for the individual's situation. This will involve a examination of medical records, employment histories and asbestos exposure evidence. Once all the information is collected, the attorney will prepare an initial complaint to be filed with the liable party or asbestos trust fund.
When the initial complaint is filed and the asbestos firm or trust will be given an opportunity to respond the allegations. During this period the attorney representing the victim will conduct an extensive investigation and identify any additional evidence that could be used to prove the case.
In some instances the attorney can also seek punitive damages from the liable parties. These penalties are usually used to deter asbestos companies from engaging in similar actions in the future. In general, victims receive anywhere between $1 million and $1.4 million in mesothelioma compensation.
The survivors or their loved ones may also be able pursue compensation for mesothelioma through workers compensation claims as well as personal injury claims or wrongful death claims. Estate representatives can also file a mesothelioma lawsuit on behalf of a deceased victim in order to continue the legal action started by the patient.
A lawyer with expertise in asbestos exposure is highly recommended due to the complex nature of these claims. A skilled lawyer can handle all aspects 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 strategy to obtain the most compensation. This could involve filing multiple claims with different trust funds in order to increase the odds of receiving a fair payment. In many states there are statutes of limitations which limit the time one must wait to make an asbestos claim. Failing to act within this time frame could result in a loss of legal rights to claim compensation.
New York City Asbestos Litigation Court
A person suffering from an asbestos-related illness can file a suit at the Asbestos Litigation Court of New York City (NYCAL). This court for case management was created to simplify litigation, and ensure that people get the best result possible. The litigation process in NYCAL is not without its difficulties. For example, many 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 often have to cover the cost of defending themselves against these 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 connected to them.
In addition asbestos claims are typically part of massive mass tort lawsuits that include multiple plaintiffs and defendants. Due to this, asbestos defendants face increased costs and exposure to potential negative publicity for their part in the litigation. To reduce these risks, courts have established mass tort rules best asbestos lawyers that apply to asbestos claims. One of these rules is that it is a necessary element of a claim for damages that a plaintiff's exposure to a toxic substance used by the defendant caused their injuries.
The court also requires plaintiffs to prove not only that the defendant's toxins caused their injury but that they were exposed in sufficient quantity to cause the injury, also known as specific causation. In a recent ruling, the Appellate Department of the First Judicial Department dealt NYCAL an extremely hard 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. In the case of Michelle Shanahan as Executrix of the Estate of Arthur Shanahan and Michele Shanahan, v. Mario & DiBono Co. Inc. and Defendants-Appellees, 171 N.Y.S.
The New York City Asbestos Litigation Court has a number of Judges who manage asbestos cases. The Judges in charge of NYCAL oversee the 5th judicial district, which comprises the counties of Onondaga, Herkimer, Oswego, Jefferson and Lewis, and the 4th Judicial District, which comprises 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 manages these claims.