Asbestos Exposure Lawyers
Construction workers are typically exposed to asbestos when they are tearing down or building new structures. This exposure can cause asbestos-related diseases such as mesothelioma.
Asbestos exposure lawyers can aid victims and their families get compensation from the companies who exposed them to this hazardous material. Exposure to asbestos may cause mesothelioma, lung cancer and other asbestos-related ailments.
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.
Exposure to asbestos that is long-term and unsafe increases the risk of developing asbestos-related diseases. People with heavy exposures are often afflicted with millions of microscopic asbestos fibres accumulated in their lungs, which could cause fibrotic lung conditions such as mesothelioma and asbestosis. Asbestos exposure can also cause other diseases that affect internal organ linings, such as the gastrointestinal tract, the heart and genitals.
Exposure to asbestos may occur by inhaling air containing asbestos fibers, consuming toxic food items or drinking water that is contaminated, or via dermal exposure (touching the asbestos). Exposure to asbestos in the workplace is the most common way to develop an asbestos-related illness. This type of asbestos exposure can happen when people unknowingly carry asbestos dust home in their clothing. Family members can then inhale it. It is not uncommon for home renovators to unknowingly disturb asbestos-containing materials during a renovation or demolition.
Symptoms of asbestos exposure generally aren't evident immediately, which is why it's crucial to have regular medical examinations. Doctors should look over a person's medical history, physical exam and lung function tests to determine any potential health problems.
People who work with or around asbestos must be aware of the risks and take appropriate precautions to avoid exposure. If you're worried that your home is contaminated with asbestos, hire an asbestos removal expert to inspect the property and collect samples for testing. Be aware of asbestos-related dangers in your home, which include pipes that are not finished or damaged as well as old brake and clutch parts imported overseas, and damaged or unfinished insulation.
Asbestos-Related Illnesses
Asbestos exposure has been linked to numerous serious diseases including mesothelioma which is a deadly cancer. It can affect the lung linings and the heart, as well as the abdomen and other organs. Symptoms can take years to show up. It is also a frequent cause of more common diseases which makes it difficult to diagnose and treat. Because of this, it's important to tell your doctor about any potential asbestos exposure and medical history.
In addition to mesothelioma exposure, asbestos can cause two types of non-cancerous lung conditions that are asbestos-related: pleural plaques and asbestosis. These conditions develop when asbestos fibers irritate the lung tissues and scar them which makes it more difficult for the lungs to perform their job of bringing oxygen into the bloodstream. This can lead to a chronic cough and chest pain.
Mesothelioma is a rare cancer that occurs in the mesothelium. This includes the lungs, chest cavity as well as other organs in the body like the abdominal cavity, peritoneum or larynx, the ovary, and peritoneal mesothelioma. Mesothelioma cancerous cells are typically malignant. This means they can expand to different parts of the body.
Asbestosis is a chronic disease that is caused by permanent changes to the lung tissue caused by exposure to asbestos. Asbestos exposure causes inflammation and irritation of lung tissue. This irritation causes fibrosis that causes the lungs become stiff and inelastic. This can lead to a persistent cough as well as breathing difficulties and a dry cough.
Asbestos exposure may also cause mesothelioma peritoneal which is located in the abdomen's lining and other organs. It can cause swelling in the abdomen or a buildup of fluid, and can cause severe stomach pain, weight loss and stomach discomfort.
How to File an Asbestos Claim
Asbestos victims may make an action for compensation to cover financial losses. This compensation can be used to cover medical expenses and lost wages, which gives families peace of peace of mind and hold negligent asbestos companies accountable for their harmful actions. An knowledgeable asbestos lawyer can help people know their legal options and help ensure that they meet all deadlines required.
The first step is to determine the type of asbestos claim appropriate for an individual's circumstances. This process will include a review of medical records, employment histories and asbestos exposure records. Once all the information is collected and analyzed, the attorney will draft an initial complaint to be filed with the responsible party or asbestos trust fund.
Once the initial complaint has been filed, the asbestos company or trust will have an opportunity to respond to the allegations. During this period the lawyer for the victim will conduct an extensive investigation and identify any evidence that might make the case stronger.
In some cases, the attorney may also seek punitive damages from the responsible parties. These penalties are usually used to discourage asbestos companies from engaging in similar actions in the future. Typically, victims can receive anywhere between $1 million and $1.4 million in mesothelioma compensation.
Survivors or their loved ones may also be able to pursue compensation for mesothelioma by filing workers' compensation claims, personal injury claims, or 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.
Given the complexities of these claims, an asbestos exposure lawyer is highly recommended. A skilled lawyer will manage every aspect of mesothelioma cases, including investigating the person responsible, submitting the claim in the correct location, and completing any deadlines. Lawyers can also help determine the best method to get maximum compensation. This may include filing multiple claims with various trust funds to increase the odds of receiving a fair payment. In most states there are laws that limit the time an individual has to wait before filing an asbestos claim. Failure to act within the time frame can result in the loss of legal rights to seek compensation.
New York City Asbestos Litigation Court
A person suffering from an asbestos-related disease can file a lawsuit with the Asbestos Litigation Court of New York City (NYCAL). The court's case management has been created to streamline the process of litigation and ensure that victims get the best outcome possible. However, the process of litigation in NYCAL is not without its challenges. For Burbank asbestos attorneys , a number of asbestos companies have been shut out of NYCAL cases due to punitive damages claims. Even though these cases are filed by non-employee plaintiffs, the companies named as defendants in the lawsuits usually have to cover the cost of defending themselves against punitive damages claims. This is particularly true for companies who are deemed to be responsible for the alleged misconduct of their corporate predecessors or other individuals not associated with them.
Asbestos claims are often involved in mass tort cases that involve both plaintiffs as well as defendants. Due to this, asbestos defendants face increased costs and possibly negative publicity because of their involvement in litigation. To mitigate these risks the courts have enacted mass tort laws that apply to asbestos claims. One of these rules is that it's a necessary element to a claim for damage that exposure to a toxic by the defendant has caused their injuries.
Additionally the court demands plaintiffs to demonstrate that they were exposed to the toxins in sufficient amounts to cause harm. This is known as specific causality. In a recent ruling, the Appellate Department of the First Judicial Department dealt NYCAL with a serious blow by reaffirming the 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 set by the Supreme Court in Nemeth v. Mobile Oil Corp., because the expert witness in the case could not 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 an administrative court with several judges who deal with asbestos cases. The Judges that oversee NYCAL are accountable for the 5th Judicial District that includes counties like Onondaga and Herkimer as well as Jefferson, Lewis, Cortland and Tompkins. They also manage the 4th Judicial District which includes counties such as Sullivan, Ulster and Greene. In addition the New York Supreme Court has a Special Asbestos Task Force to supervise these claims.