Asbestos

Many of the companies responsible for manufacturing asbestos went bankrupt in the 1970s and 1980s as a result of mass torts, outlines the Rand Corporation in articles and reports about asbestos litigation. These defunct businesses cannot pay the full cost of a claimant’s related expenses and instead defer to the trust funds to handle the payouts.

An attorney can help you build a case to show:

• Your diagnosis and the link to asbestos exposure and file a lawsuit or trust application or both
• When your exposure occurred, the duration, and the frequency
• The asbestos company or companies who played a role in your exposure
• The cost of your case, out-of-pocket expenses, pain and suffering losses, and other damages
• The severity of your condition and how it affects your everyday life

Asbestos trust funds have paid more than billions in settlements over the last 30 years. There are currently billions of dollars in these remaining trust funds set up by more than 60 companies. A lawyer can provide you with more information regarding these trust funds and how to navigate the legal process to seek compensation. Please call us at (314) 421-5829.

For almost 100 years, asbestos-related diseases such as asbestosis and lung cancer claims have been recognized as a dangerous and debilitating medical condition caused by asbestos exposure, and the science has evolved over the years including now more relation to some other types of cancers.

The British Journal of medicine documented asbestos as early as 1924 as dangerous. In spite of these problems, asbestos product manufacturers continued to use these fibers in a wide range of applications with little protection for the workers who were exposed to them. What is remarkable is asbestos products are still used today even in view of the known danger. While not always malignant, asbestosis is a serious condition that causes major problems with the respiratory system. Inhaled asbestos fibers can scar lung tissue and make it difficult to breathe. This can lead to possibly playing a role in the development of some asbestos-related cancers and can cause death.

Mesothelioma is caused by inhaling asbestos fibers that get lodged into the protective lining of the lungs (the pleura) and cause genetic mutations in the surrounding cells. In some cases, this leads to pleural mesothelioma. Accounting for approximately 75 percent of all mesothelioma cases diagnosed each year, pleural mesothelioma is one the most common type of mesothelioma, which means specialists have more opportunities to develop new treatments for malignant pleural mesothelioma. Pleural mesothelioma occurs in the thin lining that protects the lungs, called the pleura. The only known cause of mesothelioma is exposure to asbestos.

Mesothelioma is an aggressive and deadly form of cancer. Mesothelioma treatments are available, but for many people with mesothelioma, a cure is not possible. Doctors divide mesothelioma into different types based on what part of the mesothelium is affected. Mesothelioma most often affects the tissue that surrounds the lungs (pleura). This type is called pleural mesothelioma. Other, rarer types of mesothelioma affect tissue in the abdomen (peritoneal mesothelioma), around the heart and around the testicles.

Signs and symptoms of mesothelioma vary depending on where the cancer occurs.

Pleural mesothelioma, which affects the tissue that surrounds the lungs, causes signs and symptoms that may include:

• Chest pain
• Painful coughing
• Shortness of breath
• Unusual lumps of tissue under the skin on your chest
• Unexplained weight loss

Peritoneal mesothelioma, which occurs in tissue in the abdomen, causes signs and symptoms that may include:

• Abdominal pain
• Abdominal swelling
• Nausea
• Unexplained weight loss

In general, cancer begins when a series of changes (mutations) happens in a cell’s DNA. The DNA contains the instructions that tell a cell what to do. The mutations tell the cell to grow and multiply out of control. The abnormal cells accumulate and form a tumor.

It is likely that cancers form because of an interaction between many factors, such as your environment Including your working conditions, home environment and your health conditions and your lifestyle choices.

Asbestos exposure: The primary risk factor for Mesothelioma

Most mesotheliomas are thought to be related to asbestos exposure. Asbestos is a mineral that is found naturally in the environment. Asbestos fibers are strong and resistant to heat, making them useful in a wide variety of applications, such as in insulation, brakes, shingles, flooring, and many other products.

When asbestos is broken up, such as during the mining process or when removing asbestos insulation, dust may be created. If the dust is inhaled or swallowed, the asbestos fibers will settle in the lungs or in the stomach, where they can cause irritation that may lead to mesothelioma. Exactly how this happens is not understood. It can take 20 to 60 years or more for mesothelioma to develop after asbestos exposure.

Most people with asbestos exposure never develop mesothelioma. This indicates that other factors may be involved in determining whether someone gets mesothelioma. For instance, you could inherit a predisposition to cancer, or some other condition could increase your risk.

Factors that may increase the risk of mesothelioma include:

• Personal history of asbestos exposure. If you have been directly exposed to asbestos fibers at work or at home, your risk of mesothelioma is greatly increased.
• Living with someone who works with asbestos. People who are exposed to asbestos may carry the fibers home on their skin and clothing. Exposure to these stray fibers over many years can put others in the home at risk of mesothelioma. People who work with high levels of asbestos can reduce the risk of bringing home asbestos fibers by showering and changing clothes before leaving work.
• A family history of mesothelioma. If your parent, sibling, or child has mesothelioma, you may have an increased risk of this disease.
• Radiation therapy to the chest. If you had radiation therapy for cancer in your chest, you might have an increased risk of mesothelioma.

As pleural mesothelioma spreads in the chest, it puts pressure on the structures in that area. This can cause complications, such as:

• Difficulty breathing
• Chest pain
• Difficulty swallowing
• Pain caused by pressure on the nerves and spinal cord
• Accumulation of fluid in the chest (pleural effusion), which can compress the lung nearby and make breathing difficult.

Reducing your exposure to asbestos may lower your risk of mesothelioma.

Most people with mesothelioma were exposed to the asbestos fibers at work. Workers who may encounter asbestos fibers include:

• Asbestos miners
• Electricians
• Plumbers
• Pipefitters
• Insulators
• Shipyard workers
• Demolition workers
• Brake mechanics
• Selected military personnel
• Home remodelers
• Navy Personnel
• United States Army Personnel
• Construction Workers
• Office Workers
• Hospital Personnel
• Environmental Exposure
• Exposure from Clothing

Ask your employer whether you have a risk of asbestos exposure on the job.

Follow all safety precautions in your workplace, such as wearing protective equipment. You may also be required to shower and change out of your work clothes before taking a lunch break or going home. Talk to your doctor about other precautions you can take to protect yourself from asbestos exposure.

Older homes and buildings may contain asbestos. In many cases, it’s more dangerous to remove the asbestos than it is to leave it intact. Breaking up asbestos may cause fibers to become airborne, where they can be inhaled. Consult experts trained to detect asbestos in your home. These experts may test the air in your home to determine whether the asbestos is a risk to your health. Don’t attempt to remove asbestos from your home — hire a qualified expert.

Compensation may be available.

It is hard to determine the average amount due for an asbestos case. A number of factors go into the award including the Plaintiff’s conditions and long-term nature of the illness. Factors such as the conduct of the defendant and punitive damages can factor into the case.

Often, Plaintiffs can receive awards come from asbestos trust funds that also pay out for other serious conditions, including mesothelioma and other asbestos-related lung cancers. Trust funds often do not break down their payouts into separate categories, such as those for malignant and non-malignant conditions. Funds will not take into consideration matters that a jury in fact would take into consideration and this is important. Also, the laws available for other damages such as punitive damages vary State to State.

Pointing to an exact dollar amount is not something we would do until all the facts and records and jurisdictional application was available. Asbestos funds have paid millions over the last 30 years and billions of dollars remain available. You could be someone available for compensation. A lawyer can help with the process of applying to asbestos trust and litigating the case in a State of Federal Court.

For almost 100 years, asbestos-related diseases such as asbestosis have been recognized as a dangerous and debilitating medical condition caused by asbestos exposure, with documentation about it appearing in the British Medical Journal in 1924.

Despite these findings, asbestos product manufacturers continued to use these fibers in a wide range of applications with little protection for the workers who were exposed to them. While not malignant, asbestosis is a serious condition that causes major problems with the respiratory system. Inhaled asbestos fibers can scar lung tissue and make it difficult to breathe. This can lead to possibly playing a role in the development of some asbestos-related cancers as well as causing death in those exposed.

Luby Law Firm has handled of toxic exposure claims and is available to investigate asbestos related cancers your potential claim if you have been diagnosed with Asbestos related illness. We are to assist you with legal representation including filing claims against those who are responsible. The cases can complex as multiple causes and contributors my exist so legal representation critical. Please call us at (314) 421-5829.

PLEASE CALL US AT (314) 421-5829 OR EMIAL US AT LUBYLAW@CHARTER.NET