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Asbestos Exposure Lawyers Construction workers are frequently exposed to asbestos when tearing down or building new structures. This exposure can cause asbestos-related diseases such as mesothelioma. Asbestos exposure lawyers can assist victims and their families collect compensation from the companies who exposed them to this hazardous material. Exposure to asbestos can cause mesothelioma, lung cancer and other asbestos-related diseases. 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. Long-term, unsafe asbestos exposure increases the risk of developing asbestos-related illnesses. People exposed to high levels of exposure are often afflicted with millions of asbestos fibres that have accumulated in their lungs, which can cause fibrotic lung diseases like mesothelioma or asbestosis. The exposure to asbestos can cause other diseases that affect the linings of organs within including the stomach as well as the heart and genitals. Exposure to asbestos can occur through inhaling air that contains asbestos fibers, consuming toxic food items or drinking contaminated water, or by dermal exposure (touching the asbestos). Exposure to asbestos in the workplace is the most common method that a person develops an asbestos-related illness. This kind of asbestos exposure can happen when workers do not realize they carry asbestos dust home in their clothes. Family members may then inhale it. Home renovators are often disturbed by asbestos-containing materials without knowing it during renovations or demolition. Asbestos exposure symptoms don't always show up immediately. It's crucial to have regular medical exams. Doctors should review the history of the patient's employment and conduct a physical examination and lung function tests in order to detect any potential health issues. People who work around asbestos or with asbestos must be aware and take precautions in order to avoid exposure. If you're concerned that your house may be contaminated with asbestos, you should hire an asbestos abatement expert to inspect the property and collect samples for testing. Be aware of asbestos-related hazards in your home, including unfinished or damaged pipe coatings as well as old brake and clutch parts imported from overseas, and damaged or unfinished insulation. Asbestos-Related Diseases Asbestos exposure is linked to several serious diseases, including mesothelioma, which is a fatal cancer. It affects the lining of the lungs and abdomen, the heart, and other organs, and symptoms can take a long time to show up. It is also a frequent cause of more common illnesses, making it difficult to identify and treat. This is why it's crucial to inform your doctor about any possible asbestos exposure and your medical history. Asbestos exposure can cause asbestosis and pleural plaques, which are non-cancerous lung conditions. These conditions occur by asbestos fibers, which irritate and scar the lung tissues which make it difficult for the lungs perform their function of getting oxygen into the bloodstream. This can cause a persistent cough and chest pain. Mesothelioma is a rare cancer, occurs in the mesothelium. This includes the chest cavity, the lungs, and other internal organs like the abdominal cavity, peritoneum, or larynx, the ovary, and mesothelioma of the peritoneal region. Mesothelioma cancerous cells are usually malignant, meaning they can expand to other parts of the body. Asbestosis is a condition that can last for a long time that is caused by permanent changes in lung tissue caused by exposure to asbestos. Inhaling asbestos can cause inflammation and irritation of lung tissue. This irritation causes fibrosis that causes the lungs become rigid and inelastic. This can cause a persistent cough as well as breathing difficulties and dry cough. Asbestos exposure may also cause peritoneal mesothelioma that is found in the abdomen's lining and other organs. It can cause swelling or a build-up of fluid in the abdomen and also cause extreme abdominal pain, weight loss and stomach discomfort. How do you file an Asbestos Claim Asbestos victims may file claims for compensation to cover their financial losses. This compensation could help pay for medical treatment and lost wages, give families peace of mind and hold negligent asbestos companies accountable for their toxic actions. An asbestos lawyer with years of experience can assist individuals in understanding the legal options that they have and ensure that they meet the deadlines. The first step to determine which asbestos claim is the most appropriate for a particular individual is to identify the specific circumstances of that person. This will involve the review of medical records, employment history and asbestos exposure records. Once this information is gathered the attorney will draft an initial complaint that is filed with the responsible party or asbestos trust fund. When the initial complaint is filed and the asbestos firm or trust will be given the opportunity to respond to the allegations. During this time, the victim's attorney will conduct an extensive investigation and find any additional evidence that could be used to strengthen the case. In certain instances, an attorney may also ask for punitive damages. These types of sanctions are typically used to deter asbestos companies from engaging in similar conduct in the future. Typically, victims can receive anything between $1 million and $1.4 million in mesothelioma compensation. Family members or survivors may also be able seek compensation for mesothelioma via workers compensation claims or personal injury claims or wrongful death cases. To pursue the legal process initiated by the victim's estate representatives, they can file a mesothelioma suit on behalf of the deceased. A lawyer that specializes in asbestos exposure is highly recommended, due to the complexity of these claims. An experienced lawyer will handle all aspects of the mesothelioma case that includes identifying the responsible party, submitting the claim in the correct location, and meeting any deadlines. In addition, attorneys can determine the best way to go about obtaining the maximum amount of compensation. This includes filing multiple claims using different trust funds to increase the chances of receiving a fair amount. In most states there are statutes that limit the time one has to wait before making an asbestos claim. Failure to act within this time frame could result in the loss of legal rights to claim compensation. New York City Asbestos Litigation Court Anyone suffering from an asbestos-related illness can file a lawsuit with the Asbestos Litigation Court of New York City (NYCAL). The court for case management was created to simplify litigation and ensure the best possible outcome for the victims. However, the litigation process in NYCAL is not without its challenges. For instance, numerous asbestos companies have been shut out of NYCAL cases over punitive damages claims. Even though these cases are filed by non-employee plaintiffs and defendants, the companies named as defendants in the lawsuits usually must pay to defend themselves against punitive damages claims. This is especially applicable to companies that have been held responsible for the alleged misconduct of their corporate predecessors or individuals not associated with them. Asbestos claims are often included in mass tort lawsuits that involve both plaintiffs and defendants. Bryan asbestos lawsuit means that asbestos defendants are often facing increased costs and potential negative publicity due to their involvement in the litigation. To reduce the risk, courts have set up certain rules for mass torts which are applicable to asbestos claims. One such rule is that it is a necessary element of the claim for damages that the plaintiff's exposure to a toxic substance of the defendant caused their injuries. The court also requires plaintiffs to prove that the defendant's toxin caused their injury, but also that they were exposed to sufficient quantities to cause damage, also known as the specific causation. In a recent ruling, the Appellate Department of the First Judicial Department dealt NYCAL with a serious 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 ruled that plaintiffs were not able to meet the specific causation standard established by the Supreme Court in Nemeth v. Mobile Oil Corp. The expert witness in the case did not present sufficient evidence that mesothelioma was the result of “significant exposure above the background level.” New York City Asbestos Litigation Court is a court that has several judges who handle asbestos cases. The Judges who are in charge of NYCAL oversee the 5th judicial district, which encompasses the counties of Onondaga, Herkimer, Oswego, Jefferson and Lewis, and the 4th Judicial District, which includes the counties of Sullivan, Ulster, Greene, Madison, Cortland, Tompkins, Chemung, and Chenango. Additionally to this, the New York Supreme Court has a Special Asbestos Task Force to oversee these claims.