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Asbestos Exposure Lawyers When tearing down old structures or building new ones, construction workers are exposed to asbestos. The exposure can lead to asbestos-related diseases like mesothelioma. Asbestos exposure lawyers can help victims and their families collect compensation from companies who exposed them to this dangerous material. Exposure to asbestos can cause mesothelioma and 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. Exposure to asbestos for long periods of time increases the risk of developing asbestos-related illnesses. People who have been exposed to a lot of asbestos typically have millions of tiny asbestos fibres that have accumulated in their lungs. These can trigger fibrotic lung diseases like mesothelioma or asbestosis. Asbestos exposure can cause other illnesses that affect internal organ linings, like the gastrointestinal tract, the heart, and genitals. The exposure to asbestos can happen through inhalation of air containing asbestos fibers, ingestion of water or food contaminated with asbestos, or dermal exposure (touching 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 clothing. Family members can then inhale it. It's not uncommon for homeowners and renovators to accidentally disturb asbestos-containing materials during a renovation or demolition. Symptoms of asbestos exposure generally don't appear immediately, so it's essential to get regular medical examinations. Doctors should examine a patient's work history, physical exam and lung function tests to detect any potential health problems. Anyone who works with asbestos or around asbestos should be aware and take appropriate precautions to stay safe from exposure. If you're worried that your home may contain asbestos, get an asbestos removal specialist to examine the property and test the samples. Be aware of asbestos-related dangers within your home, such as pipes that are not finished or damaged as well as old brake and clutch components imported from overseas, and damaged or unfinished insulation. Asbestos-Related Diseases Asbestos exposure can cause various serious illnesses including mesothelioma which is which is a deadly cancer. It affects the lung lining and abdomen, the heart, and other organs, and the symptoms can take decades to show up. It can also mimic other more common diseases making it difficult for doctors to identify and treat. It is crucial to inform your doctor if you have ever been exposed to asbestos or about your medical history. In addition to mesothelioma exposure, asbestos can cause two types of non-cancerous lung conditions that are asbestos-related that include pleural plaques as well as asbestosis. These conditions develop when asbestos fibers cause irritation to lung tissues and cause scarring, which in turn makes it more difficult for the lungs to complete their job of bringing oxygen into the bloodstream. This can result in a constant cough and chest pain. Mesothelioma is a rare form of cancer that develops in the mesothelium that covers the lungs and chest cavity (pleura) as well as the membranes that surround other organs, such as the abdominal cavity (peritoneum) or the ovary and larynx (peritoneal mesothelioma). Cancerous mesothelioma cells are typically malignant, which means they may spread to other parts of the body. Asbestosis is a chronic illness caused by asbestos exposure, is a permanent change in lung tissue. Inhaling asbestos can cause irritation and inflammation of the lung tissue. This irritation causes fibrosis that causes the lungs become stiff and inelastic. This can lead to an ongoing cough as well as breathing difficulties and dry cough. Asbestos exposure can cause mesothelioma of the peritoneal region that is found in the abdomen's lining and other organs. It can cause swelling or a build-up of abdominal fluid and also cause extreme abdominal pain, weight loss and stomach discomfort. How do you file an asbestos claim? Asbestos victims are able to file a claim to recover compensation for their financial losses. This compensation can be used to pay for medical treatments and lost wages, provide families with peace of mind, and hold negligent asbestos companies accountable for their harmful actions. An experienced asbestos lawyer can help individuals understand their legal options and help ensure that they meet all necessary deadlines. The first step is determining the kind of asbestos claim appropriate for the individual's situation. This involves a review of the medical records, employment history and asbestos exposure evidence. After obtaining this information, the attorney will prepare an initial complaint which is filed with the responsible party or asbestos trust fund. After the initial complaint is filed, the asbestos company or trust will be given the opportunity to respond to the allegations. During this time, the victim's lawyer will conduct a thorough investigation and discover any evidence that may make the case stronger. In certain cases attorneys may request punitive damages. These kinds of penalties are typically used to deter asbestos companies from engaging in similar actions in the future. The amount of compensation for mesothelioma varies from $1 million to $1.4 millions. Survivors or their loved ones may also be able pursue compensation for mesothelioma by filing workers compensation claims as well as personal injury claims or wrongful deaths. To carry on the legal action begun by the victim, estate representatives can file a mesothelioma suit on behalf of the deceased. Considering the complexity of these claims, hiring an asbestos exposure lawyer is highly recommended. A skilled lawyer can handle the entire process of a mesothelioma lawsuit, including identifying the parties responsible and submitting the claim to the right location and completing any deadlines. Springfield asbestos attorney can also decide on the best method to get the maximum amount of compensation. This could include filing multiple claims with different trust funds to increase the odds of receiving a fair payment. In the majority of states, there are statutes which limit the length of time a person can wait before filing an asbestos claim. Failure to act within the specified time could result in a loss of rights to compensation. New York City Asbestos Litigation Court A person who suffers from an asbestos-related condition could make a claim in the city of New York's Asbestos Litigation Court (NYCAL). The court for case management was created to simplify litigation and ensure the best possible outcome for the victims. The litigation process in NYCAL has its own challenges. For instance, asbestos-related companies have been thrown out of NYCAL lawsuits for punitive damages claims. Although these cases are filed by non-employee employees, the companies named as defendants in the lawsuits often have to cover the cost of defending themselves against punitive damages claims. This is particularly true for businesses that are believed to be responsible for the actions of their corporate predecessors and/or others who have no longer been associated with them. Additionally, asbestos claims are often included in large mass tort lawsuits that involve multiple plaintiffs and defendants. As a result asbestos defendants are subject to increased costs and possibly negative publicity as a result of their role in the litigation. To mitigate the risk, courts have set up specific rules for mass torts that can be applicable to asbestos claims. One of these rules is that it's an essential part of a claim for damage that the plaintiff's exposure is toxic substance by the defendant resulted in their injuries. The court also requires plaintiffs to prove not only that the toxin of the defendant caused their injury, but also that they were exposed in 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 a severe blow by reaffirming 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 could not meet the causation standards set by the Supreme Court in Nemeth v. Mobile Oil Corp. The expert witness in the case could not present sufficient evidence that mesothelioma is a result of “significant exposure to levels above background levels.” New York City Asbestos Litigation Court is an institution that has a number of judges who deal with asbestos cases. The Judges in charge of NYCAL oversee the 5th judicial district, which encompasses the counties of Onondaga, Herkimer, Oswego, Jefferson and Lewis, as well as the 4th Judicial District, which comprises the counties of Sullivan, Ulster, Greene, Madison, Cortland, Tompkins, Chemung, and Chenango. In addition, the New York Supreme Court has a Special Asbestos Task Force to oversee these claims.