Why The Asbestos Exposure Lawyers Is Beneficial During COVID-19
Asbestos Exposure Lawyers
Construction workers are often exposed to asbestos when tearing down or building new structures. This exposure can cause asbestos-related illnesses such as mesothelioma.
Asbestos exposure lawyers can assist victims and their families recover compensation from companies that exposed them to the hazardous material. Exposure to asbestos can cause lung cancer, mesothelioma 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.
The risk of developing an asbestos-related illness increases with long-term, unsafe exposure. The lungs of those who have been exposed to asbestos for a prolonged time can accumulate millions of microscopic fibres which could cause asbestosis, a fibrotic lung disease, and Mesothelioma. Exposure to asbestos can also cause other illnesses that affect the linings of internal organs, such as gastrointestinal tract heart, genitals and the gastrointestinal tract.
Exposure to asbestos can occur through breathing in air containing asbestos fibers, consuming contaminated food or drinking contaminated water, or via dermal exposure (touching the asbestos). Exposure to asbestos in the workplace is the most common way that someone develops an asbestos-related illness. This kind of exposure can occur when employees are unaware of the dangers of asbestos dust and bring it home on their clothing 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.
The signs of asbestos exposure typically don't appear immediately, so it's important to seek regular medical examinations. Doctors should review a person's work history, physical exam and lung function tests to determine any potential health problems.
Those who work with or around asbestos must be aware of the risks and take appropriate precautions to avoid exposure. If you're concerned that your home may contain asbestos, get an asbestos removal specialist to examine the property and take samples for testing. You should also be vigilant about possible asbestos-related hazards in your home, including damaged or incomplete insulation, fire-resistant coatings on pipes, and older brake and clutch components imported from overseas.
Asbestos-related Illnesses
Asbestos exposure has been linked to several serious diseases including mesothelioma, which is a deadly cancer. It affects the lining of the lungs and abdomen, the heart, and other organs, and symptoms can take decades to show up. It can also mimic other more common diseases which makes it difficult to identify and treat. It is essential to inform your doctor if ever been exposed to asbestos, as well as about your medical history.
In addition to mesothelioma, asbestos exposure can trigger two different non-cancerous lung conditions that are asbestos-related that include pleural plaques as well as asbestosis. These conditions occur when asbestos fibers irritate the lung tissues and cause scarring and make it harder for the lungs to perform their job of bringing oxygen into the bloodstream. This can lead to a chronic cough or shortness of breath. It can also cause chest pain, and fever.
Mesothelioma is an uncommon form of cancer that is found in the mesothelium that covers the chest cavity and lungs (pleura) as well as the membranes that surround other internal organs, like the abdominal cavity (peritoneum) or the larynx and ovary (peritoneal mesothelioma). The mesothelioma cells that are cancerous are typically malignant, meaning they can spread to other parts of the body.
Asbestosis is a chronic condition that results from permanent changes to the lung tissue that are caused by exposure to asbestos. Inhaling asbestos causes inflammation and irritation of lung tissue. This irritation leads to fibrosis which causes the lungs become stiff and rigid. This can result in 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 of the abdomen or a buildup of fluid, and can cause severe stomach pain, weight loss and stomach discomfort.
How do you file an Asbestos Claim
Asbestos sufferers can file an action for compensation to cover their financial losses. This compensation can help pay for medical treatment and lost wages, provide families with peace of mind, and hold negligent asbestos companies accountable for their toxic actions. An expert asbestos lawyer can assist people understand their legal options and help ensure that they meet all necessary deadlines.
The first step to determine the type of asbestos claim that is suitable for a particular person is to identify the specific circumstances of the individual. This involves a thorough review of the medical records, employment history and asbestos exposure evidence. After obtaining this information and analyzed, the attorney will draft an initial complaint which is filed with the liable party or asbestos trust fund.
After the initial complaint is filed, the asbestos trust or company will be given the chance to respond. During this period the lawyer representing the victim will conduct an extensive investigation and identify any evidence that might make the case stronger.
In some instances the attorney can also request punitive damages from the accountable parties. New Haven asbestos attorneys of penalties are typically used to deter asbestos companies from engaging in similar actions in the future. In the majority of cases, victims will receive anywhere from $1 million to $1.4 million in mesothelioma compensation.
Family members or survivors may also be able to pursue compensation for mesothelioma by filing workers compensation claims as well as personal injury claims or wrongful death cases. Estate representatives can also file a mesothelioma claim on behalf of a deceased patient to continue the legal process initiated by the patient.
Given the complexity of these claims, hiring an asbestos exposure lawyer is highly recommended. A seasoned lawyer can handle every aspect of mesothelioma cases which includes investigating the responsible party, submitting the claim at the right location, and completing any deadlines. Attorneys can also determine the best strategy to obtain the maximum amount of compensation. This may include filing multiple claims with various trust funds to increase the likelihood of receiving a fair amount. In most states there are laws which limit the length of time a person can wait before filing an asbestos claim. In the event of not acting within this timeframe can result in a 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 was established to streamline the process of litigation and ensure that those who suffer from asbestos receive the best outcome possible. However, the litigation process in NYCAL is not without its obstacles. For instance, numerous asbestos companies have been shut out of NYCAL cases due to punitive damages claims. Even though these cases are brought by non-employee plaintiffs, the companies named as defendants in these lawsuits typically must pay to defend themselves against punitive damages claims. This is particularly true for companies who have been held responsible for the accusations of misconduct committed by their corporate predecessors, or other individuals who are not related to them.
In addition asbestos claims are typically part of massive mass tort lawsuits that involve multiple plaintiffs and defendants. Due to this, many asbestos defendants are facing increased costs and exposure to potential negative publicity for their part in the litigation. In order to reduce the risk, courts have set up certain rules for mass torts that can be applicable to asbestos claims. One of these rules is that it's an essential element to an action for damages that exposure to a toxic by the defendant resulted in their injuries.
The court also requires plaintiffs to prove that the defendant's toxins caused their injuries, but also that they were exposed to sufficient quantity to cause the damage, also known as the specific causation. In a recent ruling the Appellate Department of the First Judicial Department dealt NYCAL an extremely hard blow by reaffirming that 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 decided that plaintiffs could not meet the specific causation standard set by the Supreme Court in Nemeth v. Mobile Oil Corp. The expert witness in the case could not provide sufficient evidence that mesothelioma results of "significant exposure to levels above background levels."
The New York City Asbestos Litigation Court has several Judges who deal with asbestos cases. The Judges that oversee NYCAL are responsible for the 5th judicial District, which includes counties such as Onondaga and Herkimer as along with Jefferson, Lewis, Cortland and Tompkins. They also oversee the 4th Judicial District which includes counties like Sullivan, Ulster and Greene. In addition, the New York Supreme Court has a Special Asbestos Task Force to supervise the claims.