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Asbestos Exposure Lawyers When tearing down old structures or creating new ones, construction workers are exposed to asbestos. This exposure can cause asbestos-related diseases like mesothelioma. Asbestos lawyers can assist victims family members and the companies who exposed them to asbestos recover compensation. Exposure to asbestos can cause lung cancer, mesothelioma, 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 diseases. The lungs of people who have been exposed to asbestos for a long time can accumulate millions of microscopic fibres which can cause the fibrotic lung diseases like asbestosis and Mesothelioma. Asbestos exposure may also trigger other illnesses that affect internal organ linings, like the gastrointestinal tract, heart, and genitals. The exposure to asbestos can happen through breathing in air containing asbestos fibers, consuming contaminated food or drinking contaminated water or through dermal exposure (touching the asbestos). Exposure to asbestos in the workplace is the most common method to develop an asbestos-related disease. This type of exposure to asbestos can occur when workers unknowingly carry asbestos dust home in their clothing. Family members can then inhale it. Home renovators are often disturbed by asbestos-containing materials unknowingly when they are renovating or demolish. Asbestos exposure symptoms may not show up immediately. It is important to conduct regular medical checks. Doctors should look over a person's background, physical examination, and lung function tests to determine any health issues that could be a concern. Those who work with or around asbestos must be aware of the dangers and take appropriate precautions to avoid exposure. If Lansing asbestos lawsuits concerned that your house may be contaminated with asbestos, hire an asbestos abatement expert to examine the property and collect samples for testing. Be vigilant regarding asbestos-related risks in your home, such as unfinished or damaged insulation as well as fire-resistant coatings for pipes, and older brake and clutch components imported from overseas. Asbestos-Related Diseases Asbestos exposure can cause several serious illnesses, including a deadly type of cancer called mesothelioma. It can affect the lung linings and the heart and the abdomen and other organs. The symptoms can take a long time to show up. It also often mimics other more common ailments which makes it difficult to identify and treat. It's important that you tell your doctor if you've ever been exposed to asbestos, as well as about your medical background. Asbestos exposure may also cause asbestosis and pleural plaques which are non-cancerous lung conditions. These conditions occur when asbestos fibers irritate and cause scarring to the lung tissues which make it difficult for the lungs to perform their function of getting oxygen into the bloodstream. This can result in a constant cough and chest pain. Mesothelioma, a rare cancer, occurs in the mesothelium. This covers the chest cavity, the lungs, and other internal organs like the abdominal cavity, peritoneum, or larynx, the ovary, and mesothelioma of the peritoneal region. The mesothelioma cancerous cells are generally malignant. This means they can be spread to other organs of the body. Asbestosis is a chronic illness caused by asbestos exposure, is a permanent change to 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 stiff and inelastic. This can cause chronic coughing, difficulty breathing and a dry cough. Asbestos may cause peritoneal msothelioma to the linings of the abdomen and organs. It can cause swelling or accumulation of fluid in the abdomen and cause severe abdominal pain, weight loss and stomach discomfort. How do you file an Asbestos Claim Asbestos victims can file a claim in order to receive compensation for financial loss. This compensation can help pay for medical treatments and lost wages, give families peace of mind, and hold negligent asbestos companies accountable for their harmful actions. An expert asbestos lawyer can assist people to understand their legal options and ensure they meet all necessary deadlines. The first step is determining the type of asbestos claim appropriate for an individual's circumstances. This process will include an examination of medical records, employment histories and asbestos exposure proof. Once the information is collected by the attorney, a complaint will be prepared and filed with the asbestos trust fund or the person accountable. Once the initial complaint has been filed, the asbestos company or trust will have an opportunity to respond the allegations. During this time, the victim's lawyer will conduct a thorough investigation and find any evidence that may help the case. In some instances the attorney can request punitive damages from the liable parties. These penalties are usually used to discourage asbestos companies from engaging similar practices in future. In general, victims receive anywhere between $1 million and $1.4 million in mesothelioma compensation. Survivors and their loved ones can also pursue mesothelioma compensation through workers' compensation or personal injury, as well as wrongful death claims. Estate representatives can also file a mesothelioma case on behalf of a deceased victim to continue the legal action started by the patient. A lawyer that specializes in asbestos exposure is highly recommended because of the complexity of these claims. An experienced lawyer can manage all aspects of a mesothelioma suit, including identifying the parties responsible, submitting the claim to the correct location and completing any deadlines that are required. Additionally, lawyers can determine the best method for getting the most compensation possible, which includes filing multiple claims with various trust funds to increase chances of receiving a fair payout. In many states, there are statutes of limitation that limit the length of time a person is allowed to wait to file an asbestos claim. Failing to act within the time frame can result in the loss of legal rights to claim compensation. New York City Asbestos Litigation Court Anyone suffering from an asbestos-related condition may file a lawsuit at the Asbestos Litigation Court of New York City (NYCAL). This case management court was established to streamline litigation and ensure the highest possible outcome for those who suffer. However, the litigation process in NYCAL is not without difficulties. For instance, numerous asbestos-related companies have been kicked out of NYCAL cases because of punitive damages claims. Although these cases are filed by non-employee plaintiffs and defendants, the companies named as defendants in the lawsuits often have to cover the cost of defending themselves against punitive damages claims. This is especially true for companies that have been deemed to be responsible for the conduct of their corporate predecessors as well as others who have no longer been associated with them. Asbestos claims are often part of mass tort cases that involve both plaintiffs as well as defendants. Due to this asbestos defendants are subject to increased costs and potential negative publicity due to their role in the litigation. To mitigate these risks the courts have enacted mass tort laws that apply to asbestos claims. One of these rules is that it is a necessary element of the claim for damages if the plaintiff's exposure to a defendant's toxic substance caused their injuries. The court also requires that plaintiffs prove not only that the defendant's toxin caused their injury but that they were exposed in sufficient quantity to cause the injury, also known as specific causation. In a recent ruling, the Appellate Division of the First Judicial Department dealt NYCAL a serious blow by affirming this 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 decided that plaintiffs did not meet the specific causation standard set by the Supreme Court in Nemeth v. Mobile Oil Corp. in that the expert witness in the case could not provide enough evidence to prove that mesothelioma was the result of “significant exposure above the normal levels.” New York City Asbestos Litigation Court is a court that has several judges who deal with asbestos cases. The Judges who oversee NYCAL are accountable for the 5th Judicial District, which includes counties such as Onondaga and Herkimer as well as Jefferson, Lewis, Cortland and Tompkins. They also oversee the 4th Judicial District which includes counties like Sullivan, Ulster and Greene. Additionally the New York Supreme Court has a Special Asbestos Task Force to oversee these claims.