Monday, May 23, 2016

Asbestos Exposure and Product Liability Law

Asbestos Exposure and Product Liability:  A reason you may be entitled to financial compensation for becoming ill with mesothelioma or asbestos-related, lung cancer is products liability law. This vast area of law encompasses strict liability, breach of warranty, and negligence. When bringing a products liability lawsuit, your mesothelioma attorney will argue that the manufacturer, distributer, and/or retailer of the asbestos you were exposed to should be held liable for your illness and the pain and suffering it has caused you.


Establishing a timeline is a key component in bringing a products liability-based mesothelioma case. One reason for this is because the construction, automotive, and other industries stopped widely utilizing asbestos in the early 1980s. At this time, scientific evidence of the health risks of asbestos exposure was strong. These health risks were determined to outweigh the cheap, durable, flexible, and heat-resistant properties offered by the group of mineral fibers that comprise asbestos. Because the 1970s brought widespread knowledge of the dangers posed by asbestos, they also bear heavily on responsibility for the effects of exposure. For many years since, agencies such as the Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) have imposed standards on employers in the construction, automotive, and shipbuilding industries to protect workers from asbestos exposure in the workplace. So, depending on when and in what industry you were exposed to asbestos, your employer and property owners where you worked, in addition to parties in the retail chain of asbestos, may be liable for your mesothelioma.


Mesothelioma Cases are Often “Fast-Tracked” by Courts


In its malignant cancerous form, mesothelioma is almost always fatal. Before the cancer takes its final toll, the pain and suffering can be immense. Recognizing the decreased lifespan of mesothelioma sufferers, courts frequently “fast-track” asbestos-related lawsuits so that a resolution may be reached in an expeditious fashion. Besides the limited lifespan issue, the compensation was already a long time coming. This is because of the latency between exposure and symptoms. It can take 20 to 50 years for a worker exposed to asbestos to become ill with mesothelioma. Tragically, as a result of work-related asbestos exposure, you may have had a compromised lung, abdominal or heart lining or pleura for many years before being diagnosed.


In other cases, mesothelioma plaintiffs are able to settle with defendants outside of the courtroom. If you are suffering from mesothelioma, contact a skilled and experienced mesothelioma attorney today to discuss your legal and medical options. In addition, if you have already tragically lost a loved one to either of these asbestos-related cancers, you may be eligible to file a wrongful death lawsuit. Time is of the essence in filing a claim after you have been diagnosed, so do not delay in contacting a skilled attorney.



Asbestos Exposure and Product Liability Law

Wednesday, May 18, 2016

Mesothelioma Statute of Limitations

Mesothelioma Statute of Limitations:  Mesothelioma is caused by asbestos exposure and is almost always fatal but takes years – even decades – to emerge. Even after the illness has been contracted and produces symptoms, it may take a long time for it to be accurately diagnosed. The reason for this is the close similarity of the symptoms of mesothelioma to those of lung cancer and asbestosis.


Mesothelioma Statute of Limitations


Once mesothelioma has taken effect and been accurately diagnosed, time takes on two new meanings. On the one hand, it is imperative that mesothelioma sufferers receive the medical treatment and therapy they need to increase both the quantity and quality of life. On the other hand, it is important that mesothelioma sufferers take legal action quickly to fight for any compensation they are entitled to for the cost of medical treatment, as well as pain and suffering, and other losses. This legal aspect of time speaks to what is known as the “statute of limitations.” Because mesothelioma can take 20 to 50 years to occur after exposure to asbestos, every state in the U.S. has extended the window of time in which individuals suffering from mesothelioma as a result of work-related exposure to asbestos may file a lawsuit to seek financial damages from the parties responsible.


This window of time does not remain open forever. The time to file a mesothelioma lawsuit or mesothelioma asbestos trust claim varies from state to state. As you already know because of the cost of medical bills related to diagnosis and treatment of mesothelioma, time is also of the essence because of your very real need to pay for the healthcare you so dearly need. To learn the precise statute of limitation on filing a claim for financial compensation in your state, contact a skilled and experienced mesothelioma attorney as soon as possible. A skilled attorney will explain your legal rights, facilitate accurate diagnosis by a physician specializing in respiratory illnesses, and fight for any compensation you are entitled to for the cost of medical treatment, pain and suffering, and other losses.


Mesothelioma Is Often Caused by Workplace Asbestos Exposure


Mesothelioma can result from exposure to asbestos in the workplace. The primary symptoms of the illness are intense pain are shortness of breath. The reason for these symptoms is cancer of the lining of the lung, abdomen, or heart. A thin layer of cells there known as the mesothelium becomes compromised – the result of having been exposed years earlier, whether by inhalation or swallowing, to asbestos.  If you or a loved one worked in any of these industries and are now suffering from the effects of mesothelioma, contact a skilled and experienced mesothelioma attorney as soon as possible.



Mesothelioma Statute of Limitations

Wednesday, May 11, 2016

Understanding Mesothelioma Symptoms

Understanding Mesothelioma Symptoms:  If you were exposed to asbestos and are now sick with aching chest pain, a persistent cough, fever and other pneumonia or flu-like symptoms, consult with a medical expert as soon as possible. Because of the similarity of the symptoms to lung cancer, and the delayed onset of the illnesses with regard to asbestos exposure, diagnosis of mesothelioma can be difficult. Consultation with a medical expert is a must. In addition, a skilled and experienced mesothelioma attorney will fight to obtain any compensation you are entitled to for your medical treatment, pain and suffering, and other losses.


Asbestosis Involves Scarring in the Tissues of the Lung


Asbestosis is a scar formation the lung tissue that results from the exposure to and presence of asbestos fibers. Asbestos is a group of mineral fibers. These fibers, until the 1980s, were commonly used in a variety of industries because of its durability, flexibility, and resistance to heat. The ways that these fibers enter the lungs are through inhalation or swallowing. Because the body is unable to expel the tiny fibers from the lungs, the fibers remain there. Scarring occurs, and this interferes with lung function by blocking the uptake of oxygen from the air in the lungs into the bloodstream. This reduces that amount of oxygenated blood that returns to the heart and other tissues in the body. In addition, the presence of scar tissue in the lung causes stiffening of the lung – a condition that makes it difficult for the lung to expand with a deep breath. Unfortunately, asbestos scarring in the lung is irreversible, and as a general rule, the more exposure, the more scarring.


Mesothelioma is a Cancer of the Lining of the Lung


Mesothelioma often result from work-related asbestos exposure. Pleural Mesothelioma is a rare cancer of the pleura – the layer of tissue that lines the lung. Alternately, mesothelioma may take effect in the peritoneum – the lining of the of abdomen and pericardial – the lining of the heart.  Like asbestosis, mesothelioma has a lengthy latency period. In other words, both illnesses typically occur many years after the exposure to asbestos. Ultimately, the evidence that serves as proof of work-related asbestos exposure is scarring of the lung. This scarring is revealed via x-rays or CT scans. In addition to scarring, symptoms also point to the existence of asbestosis and mesothelioma. The symptoms, most notably shortness of breath, become pronounced during common types of physical exertion, such as climbing stairs or carrying groceries. Importantly, when discussing symptoms with both your physician and experienced attorney, carefully detail your asbestos exposure history.


What to Do if You Have Mesothelioma


If you have mesothelioma or are exhibiting symptoms consistent with mesothelioma, seek medical treatment immediately and, thereafter, contact a skilled and experienced mesothelioma and asbestosis attorney. An experienced attorney will work to ensure that you are accurately diagnosed, and fight for any compensation you are entitled to for your medical treatment and pain and suffering.



Understanding Mesothelioma Symptoms

Monday, May 2, 2016

Asbestos in the Construction Industry

Asbestos in the Construction Industry


The construction industry was among those that turned to asbestos for fireproofing and insulating in the manufacturing process of a wide array of parts, products, and materials. The material – fibrous mineral – was cheap and heat resistant, and was used widely as early as the 19th century. While asbestos offered utility and cost-savings, however, it has since been linked to serious health problems in the workers that built the industries that so often implemented the mineral’s thin fibers.


The problem: when asbestos is not completely contained, its fine fibers can be inhaled or swallowed. When this happens, the fibers become embedded in a layer of tissue in the chest and abdominal regions known as the mesothelium. Unable to expel the tiny asbestos fibers from the body, the mesothelium becomes compromised. The resulting illnesses, mesothelioma and or asbestosis, take a truly terrible toll on the body. The symptoms are like those of lung cancer, intense pain and difficult breathing, and typically surface between 20 and 50 years after exposure to asbestos.


The purpose of this article is to explain the types of processes in the construction industry that featured asbestos. If you were exposed to asbestos while working in the industry and are now experiencing symptoms consistent with mesothelioma or asbestosis, contact a skilled and dedicated mesothelioma attorney. An experienced attorney will fight for the compensation you are entitled to for you medical needs and pain and suffering.


Asbestos Commonly Used in Construction Industry for Many Years


From the nineteenth century to the early 1980s, asbestos was commonly used in building materials and other products in the construction industry. Pipe and boiler insulation, fireproofing on support beams and ceilings, tiles, and acoustical plaster were all commonly made with asbestos. Again, the reason for this was the durable, flexible, and heat-resistant nature of the group of mineral fibers that comprise asbestos. Because buildings last for a long time, the fact that the use of asbestos was discontinued in the wake of scientific evidence regarding its adverse health effects does not mean that you were not exposed to asbestos if you worked in the construction industry after the 1980s. This is because you may have come into contact with a building or materials that were made prior to the industry’s move away from asbestos use. The types of workers that may have been exposed to asbestos are many and include insulators, plumbers, electricians, pipe fitters, carpenters, sheet metal workers, building maintenance workers, telephone installers, demolition crews, and more. The commonality between these professions and health conditions like asbestosis and mesothelioma is the inhalation or swallowing of dust containing asbestos fibers.


Even if you retired from the industry many years ago, the aching chest pain, cough, and other symptoms you are now experiencing may stem from work-related exposure to asbestos. To discuss your legal and medical options, contact a skilled and experienced mesothelioma and asbestosis attorney.


 



Asbestos in the Construction Industry