Asbestos Lawyers
Asbestos litigation is a specialized area of law that involves the representation of those exposed to asbestos and diagnosed with asbestos-related diseases. Personal injury and wrongful death lawsuits filed by victims often involve fatal diseases caused by defective asbestos products, negligence, and failure to warn.
What is Asbestos?
Asbestos is a naturally-occurring, fibrous mineral found within the earth. The substance has been mined all over the world for centuries, including in the United States. While most developed countries have banned asbestos completely, the United States still manufactures some products with asbestos fibers even today.
Asbestos is a carcinogen. Most health professionals advocate the banning of asbestos in America and throughout the world. In the U.S., it was used extensively in construction, industry, and ships until use was reduced in 1980s. It has been declared a hazard to human health by every relevant regulatory agency, but not before hundreds of thousands of individuals had worked with and around the substance and moved into homes constructed with asbestos materials. It is no wonder that so many cases of asbestos-related diseases have been diagnosed in the country. It is still used extensively today in countries such as China, India, and Mexico.
Most asbestos companies were aware of the dangers associated with asbestos exposure by 1920, yet failed to inform workers, soldiers, and consumers until forced by OSHA in 1972, and even then attempted to get around the regulations. In order to file a claim or a lawsuit, you or a loved one must have been diagnosed with an asbestos-related disease. There are several different diagnoses that patients receive, not limited to:
Mesothelioma. Mesothelioma is an incurable form of cancer caused by asbestos exposure. The risk of developing mesothelioma from asbestos exposure is dose dependent—the greater the asbestos exposure, the greater the risk of developing mesothelioma. For many, the main source of asbestos exposure occurs in the workplace or from family members who brought it home on their clothes from work.
Lung Cancer. Asbestos is a major cause of lung cancer even in heavy cigarette smokers.
Other Cancer: Several other cancers are also caused by asbestos, including Non-Hopkins’s Lymphoma, Throat Cancer, & Colon Cancer.
Asbestosis. Asbestosis is a respiratory illness that involves the scarring of lung tissue. Eventually, the lung’s ability to deliver oxygen from the blood and remove carbon dioxide is reduced. Many asbestosis patients have been awarded significant monetary damage for their illness even though it is not a cancer.
All of these are serious diseases that affect hundreds of thousands of lives each year. While asbestos companies and manufacturers knew of the dangers of their products, many employers failed to train workers and inform them about asbestos exposure on the job. There are countless individuals today who are at risk for developing an asbestos-related disease due to exposure, and many of them are entitled to compensation from those responsible for their illnesses.
Common Trades at Risk for Asbestos Exposure
It is not uncommon that personal injury, wrongful death, and workers’ compensation claims are filed for workers who have been exposed to asbestos at work. Employers, manufacturers, suppliers, site owners, and contractors are required by the Occupational Health and Safety Administration (OSHA), the Environmental Protection Agency (EPA), and other regulations to keep workers and others safe. Although strict laws have been put into place, many companies still fail to keep workers safe from asbestos everyday.
These are some trades at risk for asbestos exposure at work and eligible for compensation claims:
Insulators Insulators installed and removed asbestos pipe covering, asbestos block insulation, and asbestos cement, among other duties requiring the handling of asbestos materials. Insulators who worked in residential and commercial buildings, as well as on ships, are at risk for mesothelioma diagnoses. High temperature or high pressure pipe insulation contained asbestos through the mid-1970s.
Plumbers and Pipefitters
Working with asbestos gaskets, packing, and pipe insulation put plumbers and pipefitters at high risk for asbestos exposure on the job. New gaskets and packing used in high temperature or high pressure lines until the 1990s contained asbestos. New high temperature or high pressure pipe insulation contained asbestos through the mid-1970s.
Drywallers and Plasterers
Until 1980, asbestos was used in drywall taping, topping, texturing, and joint compounds, plaster, and stucco. These materials caused multiple asbestos exposures to drywallers and plasterers every time they were mixed, applied, sanded, and cleaned up.
Construction Workers
Past construction workers are at high risk for developing an asbestos-related disease, since they worked so closely with asbestos materials such as fireproofing and other building materials, including roof shingles, Transite pipes, siding, ceiling and floor tiles, and more. Remodels and demolitions of older buildings constructed with these materials put construction workers at risk for asbestos exposure on the job today.
Shipyard Workers
Shipyard workers are some of those most at risk for an asbestos-related disease diagnosis. Although the use of asbestos has decreased since the 1980s, ships and boats built or repaired prior to 1990 still contain asbestos to insulate boilers, pipes, gaskets, and packing.
Navy veterans
Since asbestos was used so heavily on ships, Navy veterans are also some of those most at risk for developing an asbestos-related disease due to asbestos exposure on board Navy vessels. Asbestos materials were used all over the vessels, including sleeping quarters.
Automobile Mechanics
Today, automobile mechanics are still exposed to asbestos from brakes, clutches, and gaskets in cars made up until the 1990’s, and even some new replacement brakes today. Those who were employed as auto mechanics in the past are likely to develop an asbestos-related disease today, while modern day mechanics are at risk for exposure on the job.
Not only can these workers experience exposure at work, they can bring the fibers home with them to their family members. The spouses and children of those in high-risk occupations have been known to develop asbestos-related diseases due to secondary exposure. These individuals are also eligible for compensation for their conditions.
Should I File an Asbestos Lawsuit?
Asbestos-related diseases are disabling and life-threatening. Workers, soldiers, and consumers exposed to the substance may not receive a diagnosis before little time is left. Speaking with an asbestos attorney regarding your asbestos case sooner than later is a good idea. Determining what kind of lawsuit you will file, retracing your work and health history, and discussing other fine details with an experienced asbestos attorney will help you secure the most compensation possible.
You may file a workers’ compensation claim if your asbestos exposure took place during the course of private employment. You may also have a personal injury or wrongful death case against the manufacturer of the asbestos product involved as well as suppliers, contractors, and site owners.
Family members who are diagnosed with an asbestos-related disease due to secondary exposure are also eligible for monetary compensation for their conditions.
Consumers who purchased products containing asbestos throughout the years are also eligible for monetary compensation for an asbestos-related disease. Many American products–from hair dryers to fake snow–have been produced with asbestos fibers. It is known that no level of asbestos exposure is safe, and any amount puts you at risk for an asbestos-related disease.
Filing a Asbestos Lawsuit for a Loved One
You may be wondering about filing a lawsuit on behalf of a loved one who has passed away from an asbestos-related disease. Speaking to an asbestos lawyer about filing a wrongful death lawsuit is an option. Whether you are a spouse or other family member, you might be entitled to compensation for medical bills, emotional suffering, loss of consortium, and more.
Even if the patient has not passed, a spouse can file a lawsuit for Loss of Consortium and other damages as part of their spouse’s lawsuit. In all of these cases, there are limitations regarding the amount of time in which a claim can be filed. It is wise to speak with an asbestos lawyer sooner than later.
Contact an Asbestos Lawyer
An experienced asbestos attorney will help guide you through the complexities of an asbestos trial. There are time limitations for filing a claim for compensation, as well as short average life expectancy after diagnosis. Contacting an asbestos attorney immediately will help you protect your rights in the court room.
It is important to contact a real asbestos disease firm who will pursue your case from start to finish, and who has extensive hands-on experience with settlements and trials to verdict. Be aware most of the firms who advertise in television commercials are not such a firm.