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Asbestos Exposure Lawyers Construction workers are often exposed to asbestos when they are tearing down or building new structures. The exposure can lead to asbestos-related illnesses such as mesothelioma. Asbestos lawyers can help victims family members and the companies that exposed them to asbestos recover compensation. Exposure to asbestos can cause lung cancer, mesothelioma and other asbestos-related ailments. 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 chance of developing asbestos-related ailments. People exposed to high levels of exposure often have millions of microscopic asbestos fibres that have accumulated in their lungs, which can trigger fibrotic lung diseases such as mesothelioma and asbestosis. The exposure to asbestos can cause other diseases that affect the linings of organs within including the digestive tract as well as the heart and genitals. Exposure to asbestos can occur through inhalation of air containing asbestos fibres, ingestion of contaminated water or food, or the skin (touching asbestos). The occupational asbestos exposure is the most common method to develop an asbestos-related illness. This type of exposure can occur when workers are unaware of the dangers of asbestos dust and bring it home on their clothing where it is inhaled by family members. It is not uncommon for home renovators to accidentally disturb asbestos-containing materials during renovations or demolition. Reading asbestos lawsuits of asbestos exposure generally do not show up immediately, so it's essential to get regular medical exams. Doctors should look over the history of the patient's employment and perform a physical exam and lung function tests in order to detect any potential health problems. Those who work with or around asbestos should be aware of the dangers and take appropriate precautions to avoid exposure. If you are concerned that your home is contaminated with asbestos, get an asbestos expert to assess the condition of the building and take samples for testing. You should also be aware of asbestos-related hazards within your home, such as pipes that are not finished or damaged as well as old brake and clutch parts imported from overseas, and damaged or unfinished insulation. Asbestos-Related Diseases Asbestos exposure can lead to several serious illnesses, including a deadly type of cancer known as mesothelioma. It affects the lung lining and abdomen, the heart, and other organs, and the symptoms can take decades to manifest. It may also be a symptom of more common diseases, making it difficult for doctors to diagnose and treat. Due to this, it's crucial to inform your doctor about any potential asbestos exposure and your medical background. Asbestos exposure can cause pleural plaques and asbestosis which are non-cancerous lung conditions. These conditions arise when asbestos fibers inflame the lung tissues and scar them which makes it harder for the lungs to do their job of bringing oxygen into the bloodstream. This can lead to a constant cough or shortness of breath. It can also cause chest pain and fever. Mesothelioma, a rare cancer, occurs in the mesothelium. It covers the chest cavity, the lungs and other organs of the internal system like the abdominal cavity, peritoneum, or larynx, ovary, and mesothelioma peritoneal. Mesothelioma cancerous cells are usually malignant. They can expand to different areas of the body. Asbestosis is a chronic illness caused by asbestos exposure is a permanent change in lung tissue. When asbestos is inhaled it causes irritation to the lung tissue and causes inflammation. This irritation eventually leads to fibrosis, which causes the lungs to become rigid and inelastic. This can cause chronic coughing as well as breathing difficulties and a dry cough. Asbestos exposure can cause mesothelioma peritoneal which is located in the abdomen's lining and other organs. It can cause swelling or a build-up of abdominal fluid and cause severe abdominal pain, weight loss and stomach discomfort. How do you file an Asbestos Claim Asbestos victims can file a claim to receive compensation for financial losses. This compensation can be used to cover medical expenses and lost wages, giving families peace of mind and hold negligent asbestos companies responsible for their toxic actions. An asbestos lawyer with experience can help people understand the legal options that they have and ensure that they meet the deadlines. The first step is to determine the kind of asbestos claim that is appropriate for the individual's situation. This involves a examination of medical records, employment history and asbestos exposure proof. After obtaining this information and analyzed, the attorney will draft an initial complaint which is filed with the responsible party or asbestos trust fund. After the initial complaint is filed, the asbestos trust or company will have the chance to respond. During this time the lawyer for the victim will conduct a thorough investigation and find any evidence that could help the case. In some cases the attorney could request punitive damages from the liable parties. These types of penalties are often used to deter asbestos companies from engaging in similar practices in the future. Compensation for mesothelioma may range from $1 million up to $1.4 millions. The survivors or their loved ones may also be able pursue compensation for mesothelioma by filing workers compensation claims or personal injury claims or wrongful deaths. To continue the legal action initiated by the victim, estate representatives can file a mesothelioma lawsuit on behalf of the deceased. In light of the complexity of these claims, an asbestos exposure lawyer is highly recommended. A skilled lawyer will manage every aspect of the mesothelioma case which includes investigating the person responsible, submitting the claim in the proper location, and completing any deadlines. Additionally, lawyers can determine the best method for obtaining maximum compensation, which includes filing multiple claims with various trust funds to increase chances of receiving a fair amount. In many states, there are statutes that limit the time one has to wait before filing an asbestos claim. In the event of not acting within this time frame could result in a loss of legal rights to claim compensation. New York City Asbestos Litigation Court A person who suffers from an asbestos-related disease could make a claim in New York City's Asbestos Litigation Court (NYCAL). The court for case management was created to streamline litigation and ensure the highest possible outcome for those who suffer. The process of litigation in NYCAL has its own challenges. For instance, asbestos-related companies, have been kicked out of NYCAL lawsuits involving punitive damage claims. Despite the fact that the lawsuits are filed by non employees and that the companies named in the lawsuits have to cover their defense against punitive damages claims. This is particularly true for companies who have been held responsible for the allegations of misconduct by their corporate predecessors or other individuals who are not related to them. Asbestos claims are often included in mass tort lawsuits that involve both plaintiffs as well as defendants. Because of this asbestos defendants are subject to increased costs and potential negative publicity as a result of their involvement in litigation. To reduce the risk, courts have established specific rules for mass torts which are applied to asbestos claims. One of them is that it is an essential part of the claim for damages that the plaintiff's exposure to defendant's toxic substance caused their injuries. Additionally the court will require plaintiffs to demonstrate that they were exposed to the toxin in sufficient amounts to cause harm. This is known as specific causality. In a recent decision, the Appellate Department of the First Judicial Department dealt NYCAL a severe blow by reaffirming the need. 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 decided that plaintiffs could not meet the specific causation standard established by the Supreme Court in Nemeth v. Mobile Oil Corp. in that the expert witness in the case was unable to present sufficient evidence that mesothelioma results of “significant exposure above the background level.” New York City Asbestos Litigation Court is an institution that has a number of judges who handle asbestos cases. The Judges who manage NYCAL are responsible for the 5th judicial District which includes counties such as Onondaga and Herkimer as in addition to Jefferson, Lewis, Cortland and Tompkins. They also manage the 4th Judicial District which includes counties like Sullivan, Ulster and Greene. Additionally to this, the New York Supreme Court has a Special Asbestos Task Force to oversee these claims.