Wednesday, September 28, 2016

What is an Asbestos Bankruptcy Trust Fund?

iabestosisotherasbestosdisease_27Asbestos has been used in industrial and commercial applications since the middle of the 19th Century up until around the 1970s. While it took many years, asbestos products manufacturers finally came to terms with the dangers their products posed to the public and ceased production, but not until many innocent people were hurt.


Fortunately, many victims were able to file mesothelioma cancer lawsuits against various asbestos companies for their debilitating medical conditions and the compensation they needed for medical treatment. However, it is not always necessary to file a formal lawsuit against an asbestos company to recover for damages. Instead, some companies created asbestos bankruptcy trust funds to dispense compensation.


Often times, companies reorganize through bankruptcy proceedings, which can also absolve them of liability for the harm their products have done. However, before courts allow companies to reorganize they sometimes require them to set aside large sums of money to pay out claims to victims, and the asbestos industry was no exception.


How do I File a Claim with an Asbestos Trust Fund?


Asbestos trusts are administered by third-parties and claims are not reviewed by the companies that set them up. Some aspects of filing a claim with an asbestos trust are similar to filing a formal lawsuit: Claimants must file paperwork and submit evidence to support their claim before a deciding body to receive their compensation.


While the relationship between asbestos exposure and developing mesothelioma has been known for many decades, there is no guarantee that submitting a claim will secure the compensation the claimant needs. Claimants will be expected to provide evidence supporting their claim, including:


  • Medical documentation: Physician’s diagnosis, pathology reports, medical tests, x-rays, and other tests

  • Employment records: Documentation showing the claimant worked with asbestos or was in an asbestos contaminated environment

  • Affidavits: Sworn statements from coworkers or relatives attesting to the fact the claimant worked with asbestos

Because asbestos takes decades to develop after exposure, many of the vital employment records can be difficult to produce. Fortunately, the nationwide mesothelioma attorneys of the Throneberry Law Group have years of experience helping asbestos exposure victims collect the necessary documents and file paperwork to get the compensation they need.


How Much is an Asbestos Bankruptcy Trust Claim Worth?


Asbestos bankruptcy trusts do not have unlimited funds and therefore do not usually pay out 100% of a claim’s value. Depending on the trust and payment schedule for the injury, claimants can usually expect to receive approximately 5 to 25% of their claim’s value.


The advantage to an asbestos trust claim is time. Since the trust is administered by a third party, there is no defendant to litigate against. Formal asbestos injury lawsuits can take years to litigate before victims receive the compensation they need.


National  Mesothelioma Lawsuit Attorneys


If you or a loved one developed mesothelioma, contact our office for a consultation about your case. The National mesothelioma lawsuit attorneys of the Throneberry Law Group know what it takes to get results for their clients and will work hard for you.


 



What is an Asbestos Bankruptcy Trust Fund?

Monday, September 19, 2016

Mesothelioma and 9/11

The events of September 11, 2001 shook our country to its very core and tested the resiliency of the nation as a whole. In addition to the 3,000 lives lost in the terrorist attacks which downed airplanes in Pennsylvania, Washington, D.C., and New York, many more passed away from the clean-up effort in downtown Manhattan because they were exposed to toxic particles in the debris.


What many people do not realize is that the World Trade Centers were built with 20 stories of asbestos which spread through the air as the Twin Towers came crashing down. To date, over 200 people were killed and half a million made sick by inhaling some of the 2,000 tons of asbestos that went airborne.


The amount of asbestos released in the collapse was enough to fill the equivalent of 182 school buses and made the air 112,000 times more contaminated with asbestos than the federal legal limit for buildings. Sources further estimate there has been an almost 20% increase in first responders who developed cancer as a result of the rescue and cleanup efforts.


Has the Asbestos from the World Trade Center Caused People to Develop Mesothelioma?


Asbestos is known to cause mesothelioma, a deadly and aggressive form of lung cancer which affects thin linings of tissue around the lungs and abdomen. There is currently no cure for mesothelioma, but proper treatment can ease symptoms and hopefully prolong the lifespan for those who develop the disease.


Mesothelioma often takes decades to develop, usually between 20 to 50 years. As we mark the 15th anniversary of the September 11 attacks, it becomes more and more likely thousands of individuals exposed to the Twin Towers’ asbestos during the rescue and cleanup effort could show signs of the disease.


Additionally, given just how toxic the air was around Ground Zero it is entirely possible that mesothelioma cases related to the attacks could develop more rapidly. Unfortunately, it seems the effects of that tragic day will continue to linger on for thousands of more Americans even after the cleanup and rebuilding of Ground Zero.


While there have only been a handful of mesothelioma cases allegedly linked to toxic dust at Ground Zero, experts estimate claims to spike very soon. Depending on whether or not these mesothelioma victims accepted compensation from the various funds set up to help survivors, it could impact any possible mesothelioma claims.


Nationwide Mesothelioma Attorneys


For many years, asbestos was used in construction and industrial applications which exposed hundreds of thousands of people to the deadly product. During that time, the manufacturers knew of the dangers asbestos posed to those who came in contact with it but did nothing to warn them.


Fortunately, victims and their families have legal recourse to hold these wrongdoers accountable for their actions by filing asbestos cancer lawsuits to recover compensation for their medical expenses, pain and suffering, and other damages. Contact a nationwide mesothelioma attorney of The Throneberry Law Group for a consultation about your case.



Mesothelioma and 9/11

Wednesday, September 14, 2016

What Products Contain Asbestos?

If you or a loved one developed mesothelioma, you will undoubtedly have numerous questions about the disease including how it was caused. Most folks understand it to be almost common knowledge that mesothelioma is caused by exposure to asbestos but what many may not realize is just how prevalent asbestos was in so many common and everyday products people were exposed to.


Furthermore, mesothelioma victims should understand just how many different companies or other parties may have had a hand in exposing them to the asbestos that led to their serious medical condition. Often times, many of these parties can be held responsible if they played a role in the victim developing mesothelioma or another serious asbestos-related health condition.


Types of Asbestos Products


For many decades, asbestos was popular in construction and industrial applications because of its resistance to heat and use as an insulation. Asbestos made for a cheap and durable additive in many everyday applications including pipe fitting, carpentry, shipbuilding, and automotive parts.


Unfortunately, the prevalence of asbestos in many work environments put thousands of men and women at risk for serious medical problems. Some of the most common types of asbestos products include things like:


  • Gaskets in pumps, compressors, pipes, engines, turbines, and automotive parts

  • Roofing, flooring, and siding in homes and other buildings

  • Cigarette filters

  • Electric panels for power supply boxes

  • Industrial insulations for roofs, walls, concrete, spackling, and pipes

  • Military applications, particularly in ship building and weapons systems

Consumer Products Built with Asbestos


Asbestos was not only heavily used in industrial settings but in consumer products, as well, such as kitchens or cooking appliances. Fortunately, asbestos has been banned in almost all consumer products but during the 20th Century ordinary people could have been exposed to asbestos by appliances such as:


  • Toasters

  • Ranges and ovens

  • Slow cookers

  • Broilers

  • Washers and dryers

Other household products that were built with asbestos for a time include oven mitts, ironing boards, electric blankets, portable heaters, and even children’s toys. Many decades ago, talcum-based beauty products contained asbestos and some victims have been awarded substantial compensation for the medical conditions they developed as a result of their exposure to those products.


Who Can I Hold Responsible for My Mesothelioma?


Makers of asbestos contaminated products have known for years about the dangers their products posed to consumers and workers yet did nothing to warn victims about the dangers to their health. Exactly who can be held responsible depends on the individual’s specific situation and where in their past the exposure might have occurred.


With the help of an experienced nationwide mesothelioma attorney, victims and their families can begin to answer some of these questions and put a case together to recover the compensation they deserve.


If you or a loved one were diagnosed with mesothelioma and need legal help, contact the nationwide mesothelioma lawyers of The Throneberry Law Group for a free consultation. Our attorneys will work hard to get you and your family the compensation you deserve.


 


 



What Products Contain Asbestos?

Thursday, September 8, 2016

Who is Responsible for My Mesothelioma?

Receiving a mesothelioma diagnosis or another asbestos-related medical condition can be devastating news for patients and their families. While mesothelioma is a rare type of lung cancer, it is well-known for being incurable and connected to exposure to asbestos.


Mesothelioma victims often look back on their careers and lifestyles to try and determine where the exposure came from and why the condition formed in the first place. Often times, asbestos exposure occurs because the victim worked in an environment contaminated by asbestos, handled products made with asbestos, and was not told about the dangers of coming in contact with the material.


Courts in the U.S. have handed down thousands of significant awards to mesothelioma victims and their families to compensate them for the harm suffered due to asbestos exposure. In asbestos mesothelioma lawsuits there may be several parties that can be held responsible for their roles in the victims suffering injuries.


Employer Responsibility for Mesothelioma


Depending on the state, companies that knew or should have known that their workers were being exposed to asbestos can be sued for not warning employees about the dangers they faced. Many decades ago, industrial workers often used equipment or went into work environments containing asbestos.


The Department of Labor’s Occupational Safety & Health Administration sets very strict standards for how much asbestos workers may be exposed to. Additionally, there are certain asbestos operations that employers must monitor under federal laws to ensure the employees are not placed in undue harm.


Asbestos Products Liability Lawsuits


Decades ago, asbestos was common in many industrial applications because it can withstand extreme temperatures. Asbestos was found in insulation aboard naval vessels, in brake parts, and used in carpentry and construction settings.


Juries have ruled time and time again for plaintiffs finding the asbestos product manufacturers knew for decades that their products were harmful but continued to put them in the stream of commerce and risk people’s health and safety. Depending on the nature of the exposure, numerous companies can potentially be held responsible for an individual developing mesothelioma.


I was Exposed to Asbestos Decades Ago, Can I Still File a Claim?


Courts across the country have ruled the statute of limitations to file a mesothelioma asbestos lawsuit begins when the victim discovers his or her diagnosis, not when the exposure occurred. The time deadlines to file a lawsuit vary from state to state but do not begin until the person actually finds out he or she has mesothelioma or another asbestos-related disease.


Mesothelioma takes decades to develop after exposure to asbestos and victims might not make the connection between their medical condition and the work they did in their younger years. It is also an aggressive disease so diagnosis and treatment should begin as early as possible.


Nationwide Mesothelioma Lawyers


If you or a loved one were diagnosed with mesothelioma and need legal help, contact the nationwide mesothelioma lawyers of The Throneberry Law Group for a free consultation. Our attorneys will work hard to get you and your family the compensation you deserve.


 



Who is Responsible for My Mesothelioma?

Monday, August 29, 2016

How Long Can it Take to Notice the Symptoms of Mesothelioma?

Individuals who were exposed to asbestos either at work or by second-hand exposure often have many questions about whether they may be at risk for developing mesothelioma, a deadly and incurable lung disease linked to asbestos. While the dangers of asbestos have been known for many decades, the signs and symptoms of mesothelioma can take an equally long time to manifest themselves, which can make the disease difficult to understand.


Mesothelioma is an aggressive and deadly form of cancer that affects a thin line of tissue surrounding the body’s internal organs, most often the lungs and abdomen. Although the overwhelming majority of people exposed to asbestos will not develop mesothelioma, about 2,000 to 3,000 are diagnosed every year with the aggressive cancer.


While each case is different, most individuals exposed to asbestos that eventually develop mesothelioma will not do so for anywhere from 20 to 50 years. During that time, other health conditions with similar symptoms can mask the signs of mesothelioma caused by exposure to asbestos and delay diagnosis and treatment.


What are the Signs of Mesothelioma?


There are four types of mesothelioma: pleural mesothelioma, peritoneal mesothelioma, pericardial mesothelioma and testicular mesothelioma. Mesothelioma symptoms vary depending on the form of the disease but lumps in the affected areas are a shared symptom.


  • Pleural mesothelioma – This type affects a thin lining of tissue around the lungs. Symptoms often include shortness of breath, painful coughing, chest pains, and weight loss.

  • Peritoneal mesothelioma – Tissues lining the abdominal wall are affected by this type of mesothelioma. The signs of peritoneal mesothelioma include abdominal pain, swelling of the abdomen, and weight loss.

  • Pericardial mesothelioma – This type affects the thin lining around the heart known as the pericardium. Pericardial mesothelioma often does not have any symptoms in the initial stages of the cancer. Symptoms of this rare cancer include chest pains, murmurs, heart palpitations, difficulty and shortness of breath, painful coughing and night sweats.

Doctors will use a variety of different methods to diagnose whether or not someone has developed mesothelioma. Often times, it begins with an x-ray or CT scan to look for signs of fluid buildup around the lungs, abdomen, heart, or testicles (in cases involving men). If a doctor suspects a patient may have mesothelioma, a biopsy is usually ordered to extract tissue and conduct further tests.


How Long Do I Have to File a Mesothelioma Claim?


Fortunately for victims of asbestos exposure who developed mesothelioma, the law gives them and their families legal recourse to hold wrongdoers accountable and seek compensation for the harm they have suffered. It is extremely important to note there are time deadlines to filing these types of claims and if they are not met, victims may be barred from filing mesothelioma asbestos lawsuits.


The amount of time to file a claim varies by state and starts when the victims discovers he or she has been diagnosed with mesothelioma. Victims of asbestos exposure should contact an experienced nationwide mesothelioma attorney to find out exactly what their legal options are.


Nationwide Asbestos Lawyers


For more information about your legal rights, contact our office. The nationwide asbestos lawyers of the Throneberry Law Group understand the difficulty of dealing with asbestos-related diseases and look forward to discussing how we can help. Strict time deadlines apply so please contact us at your earliest convenience.


 


 



How Long Can it Take to Notice the Symptoms of Mesothelioma?

Wednesday, August 24, 2016

Tennessee County Settles Mesothelioma Asbestos Exposure Lawsuit

A Tennessee county recently settled a mesothelioma-asbestos exposure lawsuit with the widow of a former school teacher who allegedly contracted the deadly lung disease while working for the county decades ago. The lawsuit had been slated to go to a trial by jury just a few days before the settlement but the recent discovery of asbestos on school grounds may have prompted county officials to reconsider resolving the issue.


The victim worked for a pair of Knox County schools, South-Doyle High School and Fulton High School, from the 60’s until the late 90’s, before he developed mesothelioma and passed away from his condition in 2011. During his time at the two institutions, the plaintiff recalled seeing what he later knew to be asbestos falling from the ceilings of his classrooms and other buildings.


While the exact number of the settlement is unclear, the compensation is expected to be no more than $300,000, as the state’s government liability to tort claims is limited to this number under the law. The county is expected to spend another $250,000 on asbestos removal to ensure no one at the school is put at risk of developing asbestos-related conditions like mesothelioma.


Pipe Insulation Contained Asbestos, Plaintiff Claimed


Knox County recently closed the doors to the library as South-Doyle High School after discovering asbestos in the roof decking of the structure. The county had hired a private engineering firm in 1990 to conduct a survey of its schools to identify any asbestos which may pose a threat to students, faculty, and staff. A spokesperson for the county called the recent discovery an oversight on the engineering firm’s part for not identifying the asbestos earlier.


While at Fulton High School in the 1960’s through the 1980’s, the victim claims he frequently had to sweep up flaky material later identified as friable, meaning crumbling, material which he believed could have been asbestos. During the plaintiff’s time with Fulton High, the school was part of Knoxville city school system. The plaintiff’s already reached a separate settlement with that entity but continued to pursue a claim against Knox County for asbestos exposure at South-Doyle.


Parents were alerted to the presence of asbestos in the roof of South-Doyle, acknowledging the spray-on insulation could pose a danger if the friable material became airborne. Asbestos is also present in the flooring tiles at South-Doyle but the county argued the danger to exposure is minimal since the floor tiles have different structural properties than spray on insulation.


Nationwide Mesothelioma Lawyers


If you or a loved one contracted mesothelioma, it could be due to asbestos exposure while at work, handling contaminated product, or second-hand exposure. Asbestos manufacturers have known for years of the dangers their products posed to innocent victims but did little to warn others of the dangers.


For more information, contact our office. The mesothelioma lawyers of The Throneberry Law Group understands the difficulty of dealing with asbestos-related diseases and look forward to discussing how we can help.



Tennessee County Settles Mesothelioma Asbestos Exposure Lawsuit

Wednesday, August 17, 2016

Can I Be Exposed to Asbestos Outside of Work?

Due to its causal link to mesothelioma, a rare and deadly cancer, industrial use and removal of asbestos is now highly regulated by state and federal organizations to prevent workers from being exposed to the substance. However, there are still many ways for ordinary people to be exposed to asbestos and contract serious health conditions that they might not be aware of.


Asbestos is a naturally occurring mineral that is extracted from the earth and processed for use in industrial products. For many decades, asbestos was used in all sorts of industrial applications including automotive parts, insulation in buildings, naval vessels, and other situations requiring the heat resistant qualities of the product.


One of the most common ways for individuals to be exposed to asbestos, and possibly contract mesothelioma, is having a family member working with the product come home wearing clothing covered in the mineral. By nature, asbestos is a fibrous material which makes it prone to becoming airborne and entering the respiratory system of nearby people, unaware they are breathing in a deadly substance.


Can I File a Mesothelioma Lawsuit Even if I Did Not Work Directly With Asbestos?


Victims of asbestos exposure have successfully brought lawsuits against defendants alleging they developed mesothelioma due to second hand asbestos exposure by a family member working with or around the product. In 2013, a jury awarded a New Jersey woman $2 million for her claim alleging she developed mesothelioma from breathing asbestos from her father’s work clothes.


Mesothelioma claims often center around the defendant’s knowledge their asbestos contaminated products or work environments could lead to serious health problems but failed to warn those who could be exposed. Other claims allege defective design or manufacture of products which contain asbestos, again because the defendant more likely than not knew of the dangers.


One study by the National Institute of Health concluded there is no safe level of asbestos exposure and even small amounts of the product contained peak-concentrations of asbestos which can lead to serious health problems. It is an unfortunately reality which many asbestos-exposure victims and our society as a whole must grapple with.


While many defendants in mesothelioma lawsuits contend victims could not possibly have developed mesothelioma due to low levels of exposure, scientific studies looking into the query find that not to be the case. As so often happens in mesothelioma lawsuits, defendants will go to great lengths to skirt responsibility for their negligence and careless behavior and deny duly owed compensation to ordinary people harmed by asbestos.


Nationwide Mesothelioma Asbestos Lawyer


If you were diagnosed with mesothelioma, it may be possible for you to hold those responsible for your exposure to asbestos accountable. Mesothelioma victims can recover compensation for their medical bills, lost wages, and pain and suffering by filing asbestos mesothelioma lawsuits. For more information, contact our office. The Throneberry Law Group understands the difficulty of dealing with asbestos-related diseases and look forward to discussing how we can help



Can I Be Exposed to Asbestos Outside of Work?