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Asbestos & Mesothelioma Lawsuits

Asbestos mesothelioma is a fatal asbestos cancer involving the mesothelium, a protective lining that encloses most of the body's internal organs. The only known cause of mesothelioma seems to be exposure to asbestos particles in the air. The time between exposure and the appearance of symptoms can be as long as 20 to 50 years.

Asbestos Health Threat
Asbestos Remains in Use Despite the Health Warnings
Primary Asbestos Exposure
Secondary Asbestos Exposure
FAQ
Asbestos News Roundup

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Asbestos Health Threat

Exposure to asbestos fibers has been linked to asbestos cancer, asbestosis (scaring of the lungs that restricts breathing), asbestos mesothelioma (cancer of the lining of the chest cavity), and silicosis. The chances of getting an asbestos-related illness increase as the level and duration of exposure to asbestos increases.

Asbestos Remains in Use Despite the Health Warnings

Asbestos is not banned in the US and Canada – it's still in use in a wide variety of products. The Environmental Protection Agency (EPA) estimates that there are 3,000 different types of commercial products currently in use in the US today that contain asbestos, including building materials, brake pads, and fire retardant materials and products.

Primary Asbestos Exposure

At Work

asbestos mesotheliomaAsbestos can pose a serious health threat when disturbed or when it begins to deteriorate and asbestos fibers are released into the air and inhaled. To date, companies which have exposed their employees to asbestos have faced thousands of lawsuits and settled hundreds of millions in damages.

Asbestos is mainly used as an insulating material – it is a very effective fire retardant material, hence its use to insulate boilers, pipes, and fire doors; it's used in roofing and many construction materials, and in electrical fittings.

The types of work environments where you are most likely to encounter asbestos include mines, shipyards, railroads, power plants, and construction sites.

Workers who may be at risk for asbestos exposure include, but are not limited to:
  • Boiler and furnace technicians
  • Car mechanics (brake shoes)
  • Construction workers
  • Navy shipyard workers
  • Pipe fitters
  • Miners
  • Railway workers

Secondary or Passive Asbestos Exposure

At Home

Asbestos mesothelioma doesn't just affect the people working with it directly. Recently the medical profession has started to recognize that people can be affected by asbestos-caused diseases through secondary or passive exposure.

For example, cases of second-hand asbestos exposure were recently been reported by wives and children of men who worked in the shipyards in World War II. The workers were exposed to large amounts of damaged or "friable" asbestos while on the job, and their wives became came ill following exposure to asbestos fibers that had become lodged in the workers' clothing. Over the years, the constant inhalation of these fibers resulted in the development of asbestos-related diseases.

In the Community

Secondary asbestos exposure is also possible by living in a community or area located near an asbestos mine or a company that manufactures asbestos or products containing asbestos. Many older buildings may also contain asbestos insulation, including schools.

Perhaps the most famous victims of community contamination in North America are the residents of Libby, Montana, an asbestos-mining town. Vermiculite, which naturally contains asbestos, was mined there between 1923 and 1991. Workers and families of workers who lived in the town sued W.R. Grace, the last company to own the mine. At one point the company reportedly faced 110,000 lawsuits for sickening hundreds of people and contributing to the deaths of 225—allegedly with full knowledge.

Other examples of community exposure include the World Trade Center site after the terrorist attacks of September 11, 2001, and areas prone to damage from natural disasters like Hurricane Katrina.

Asbestos Mesothelioma Warning Signs

Early symptoms of asbestos mesothelioma can include chest pain, fatigue, shortness of breath, hoarseness, cough, fluid retention and abdominal swelling.

Because mesothelioma affects the pleura, or the membranes that surround almost all of your internal organs, pain or swelling in the chest or the abdomen could be a symptom of mesothelioma.

You are warned to contact your doctor if you experience any of these symptoms. If you have been exposed to asbestos fibers in the past you should make your doctor aware of that as well.

Asbestos Mesothelioma Frequently Asked Questions (FAQs):

  • When should I contact an attorney? As soon as you’ve been diagnosed with an asbestos-related disease.
  • How long do I have to act? Timing is of the Essence. Many states have statutes of limitations that restrict your ability to file a lawsuit to within a certain period of time, typically after you have been diagnosed. Because it can take as much as 30 years or more for asbestos mesothelioma to manifest symptoms, it makes it even more important that you act quickly after being diagnosed.
  • Can I sue a company that no longer exists? Asbestos mesothelioma has one of the longest latency periods of any type of disease. If the company you worked for has gone out of business between the time you worked for them and the time you were diagnosed, you cannot sue them directly. However, you may be eligible for compensation from an asbestos bankruptcy trust, that was set up to deal with these types of situations.
  • If I’m too ill to work, how do I afford an attorney? Many lawyers who work on asbestos mesothelioma cases work on what is known as a "contingency basis." That is, they only get paid if you win your lawsuit—you do not pay the lawyer up front. Their fees are agreed upon as a percentage of the settlement you receive.
Can I file a lawsuit on behalf of my deceased husband or wife? You may be entitled to file a wrongful death suit, which could entitle you to a settlement, should you win your case. But there are laws regarding who can sue on behalf of whom. And the other consideration is the statute of limitations in your state. It cannot have expired, so the time of your spouse’s death must have occurred within the legal time frame in which you are allowed to file a suit. The best thing to do is to  [contact a lawyer] and find out what the rules are in your state.

Asbestos Mesothelioma Legal Help

If you or a loved one is suffering from lung cancer, asbestosis, mesothelioma or other asbestos-related diseases caused by exposure to asbestos or asbestos containing products, you may qualify for damages or remedies that may be awarded in a possible class action lawsuit. Please click the link below to submit your complaint to an asbestos lawyer for a free case evaluation with no obligation.


Posted on Aug-24-03
Updated on Feb-3-10

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