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For individuals who have been diagnosed with an asbestos-related disease, a claim for damages may be made against those responsible for the exposure to asbestos. These claims can result in significant awards being granted to victims. However, an important aspect of these claims is the statute of limitations.

What is the Statute of Limitations in Asbestos Litigation?

The statute of limitations is the time a victim has to file a lawsuit against those responsible for the injuries caused. For personal injury cases, this period of time usually begins to run from the moment the injury occurs. When the injury occurs is usually fairly easy to determine. For example, if a person is hurt in a car accident, it is easy to determine when that accident occurred. Determining when the limitations period begins to run is important because once the period ends, a victim is usually barred from making a claim. The specific length of the statute of limitations varies by state and by the type of claim involved, but it is usually between one and six years.

In asbestos-related claims, statute of limitations issues are complicated by the nature of asbestos diseases. Asbestos becomes dangerous when microscopic fibers are released into the air and breathed into the lungs. These fibers can remain in the lungs for several decades before any issues caused by such exposure become present. Furthermore, exposure to asbestos fibers that results in the development of disease often occurs over an extended period of time, as opposed to a specific moment, such as in the case of a car accident. Therefore, pinpointing exactly when the injury occurs is very difficult.

Being diagnosed with mesothelioma or another asbestos-related disease is a very serious issue. Combating these diseases will require significant medical treatment, which can end up being very expensive. As a result, many victims of these diseases seek the aid of a mesothelioma attorney in order to obtain assistance in pursuing monetary awards through personal injury claims.

What Can a Mesothelioma Attorney Provide?

Mesothelioma and other asbestos-related diseases develop after an individual is exposed to microscopic asbestos fibers. Unfortunately, exposure was quite common during much of the twentieth century. By the 1980s, the dangers of exposure to asbestos fibers were widely known and the use of asbestos was discontinued. However, these diseases, in particular mesothelioma, may not develop for many years (in some cases up to 40 years) after the initial exposure. As a result of this, these types of claims are often very complex.

Health Insurance and Mesothelioma

For victims of mesothelioma and other asbestos-related diseases, the costs of diagnosis and treatment are significant. These costs are quite often high enough to make it difficult, if not impossible, to afford without the assistance of health insurance. But, individuals should be aware of limitations that insurance has when it comes to these serious diseases.

Covering the Cost

Asbestos-related diseases, like mesothelioma and other cancers, can result in significant cost to victims. Typical surgeries associated with cancer treatment cost around $40,000 (and that does not include the most aggressive or complicated surgeries). An eight-week chemotherapy cycle costs around $30,000. Monthly radiation costs around $2,000.

While most insurance plans provide coverage for diagnostic testing and treatment for mesothelioma and other asbestos-related diseases, it is dependent on each particular plan. Even when these things are covered, it is typically only after high deductibles are met and will have high copayments.

Insulation is used to help in controlling and maintaining the temperature inside of buildings and homes. Unfortunately, for much of the twentieth century, insulation contained asbestos. The dangers of exposure to asbestos include the development of mesothelioma and other cancers. Individuals who are employed as insulators are at increased risk of exposure to asbestos fibers, particularly if this work occurred before the 1980s.

Asbestos Insulation

Asbestos insulation was the largest source of exposure for workers throughout the 1900s. It was used in homes, buildings, ships, cars, and manufacturing facilities. Insulation is beneficial because it conserves energy, reduces electrical conductivity, and retains hot and cold temperatures. Before the 1980s, asbestos was extensively used in insulation materials due to its resistance to fire and heat, as well as it being a poor conductor of electricity.

Insulation was and continues to be used in attics, walls, ceilings, flooring, siding, pipe wrapping, and inside of boilers. Today, fiberglass is used instead of asbestos. However, many materials containing asbestos remain in buildings. As a result, individuals performing work on buildings or homes should be cautious about the possibility of asbestos exposure.

Power plants are massive facilities that generate and distribute energy across the nation to businesses, residences, and other structures. The development of these plants helped spur the growth of America during the twentieth century. But, along the way, they caused workers to be exposed to dangerous asbestos fibers, which can lead to serious health complications, like mesothelioma and other cancers.

Asbestos and Power Plants

Power plants generate and harness useable power and, in the process, generate tremendous amounts of heat. As a result, the risk of potential fire is a major concern. Historically, asbestos was used to help mitigate this risk. Asbestos is a poor conductor of electricity and is resistant to heat and fire. Because of this, asbestos was widely used in insulation materials, which went into walls, wires, pipes, generators, and other machinery. Asbestos was effective at helping to prevent fire and overheating.

The use of asbestos was especially high in plants that produced electricity and in power distribution centers. During the standard operation of these facilities, asbestos fibers were often released into the air. Other places related to power plants in which asbestos was used included transformer stations, lignite mining plants, and off-site workshops.

Risk of Asbestos Exposure for Plumbers and Pipefitters

Plumbers and pipefitters, particularly those who worked between the 1940s and 1980s, are at increased risk of exposure to asbestos due to the specific materials that they dealt with as a result of their occupation. This exposure puts these individuals at risk of developing mesothelioma and other serious asbestos-related diseases. While the use of asbestos was discontinued decades ago, new cases of asbestos-related disease continue to be diagnosed today.

Plumbers and Pipefitters

Pipefitters are responsible for the design, installation, and repair of pipe systems in large commercial buildings or manufacturing facilities. For smaller projects like residential homes, similar work is performed by what is known as a plumber, as opposed to a pipefitter. However, for both pipefitters and plumbers, these pipe systems transport water, steam, air, gas, and human waste. Pipefitters and plumbers require specialized knowledge due to the high pressure that the pipes are placed under.

For much of the twentieth century, asbestos was the preferred material to be used with pipe systems due to its high heat and fire resistance. Asbestos was commonly used as thermal insulation for pipes, boilers, ducts, and tanks. Pipefitters and plumbers may have also been exposed while using repair materials. These materials included joint compounds, cement, valves, gaskets, pipe coating, and welding rods.

Mesothelioma is a devastating disease that often develops as a result of exposure to asbestos fibers. In combating this disease, the financial costs are often significant. This can create, along with the battle with the disease itself, a great deal of emotional distress for victims and their families.

Development of Mesothelioma

Individuals exposed to microscopic asbestos fibers may be at risk of developing mesothelioma. The risk of exposure was highest during the period between the 1940s and 1980s. However, it is still very possible to encounter asbestos today. There are three major types of mesothelioma: pleural, peritoneal, and pericardial. Pleural mesothelioma, which affects the lung’s protective lining, is the most common form, accounting for about three-quarters of all mesothelioma cases.

Mesothelioma Treatment Costs

It has been estimated that the total cost of mesothelioma treatment can range between $150,000 to over $1 million. The cost varies for different individuals, depending on factors such as the age of the victim, the stage of the mesothelioma, and the overall health status of the victim. Costs for mesothelioma include, but are not limited to, the following:

W.R. Grace and Libby mine located in Libby, Montana contained a deposits of asbestos that continues to receive attention from the Environmental Protection Agency (EPA) today. While the cleanup effort in Libby has been extensive, the dangers of the mine are present throughout the nation. This is because the vermiculite containing asbestos mined from Libby was used extensively in insulation materials shipped to all parts of the country.

What is Asbestos?

Asbestos is a naturally-occurring mineral that, when exposed to extremely high temperatures, expands from 8 to 30 times its original size. The result is a lightweight, fire-resistant, and odorless product that was found very well suited for use in insulation placed in walls and attics. The source of the majority of asbestos sold in the United States from 1919 to 1990 was from the Libby mine. The asbestos that was used in insulation by W.R. Grace was sold under the brand name Zonolite. The Zonolite products included Zonolite Super 40, Zonolite Mono-Kote and Zonolite plaster.

In 1963, W.R. Grace took over operations of the mine. At that time, W.R. Grace was aware of the asbestos and that it caused health issues, but did not disclose this to workers or townspeople, and mining continued.

Carpenters Exposed to Asbestos

For much of the twentieth century, carpenters played an integral part in the development of the United States. These individuals helped construct many of the homes and buildings that still stand and are used today. Unfortunately, during much of this period, carpenters were exposed to dangerous microscopic asbestos fibers. This exposure can lead to the development of mesothelioma or other serious asbestos-related diseases.

Carpenters and Asbestos Exposure

Asbestos was used in all kinds of construction materials up until the 1980s. Unfortunately, carpentry work was extremely prevalent during the period from the 1940s into the 1980s. As part of the “Baby Boom” following World War II, carpenters were very busy constructing homes and buildings across the country. Before metal studs existed for use in the framing of buildings, carpenters were responsible for this process. As a result, carpenters were exposed to large amounts of asbestos fibers.

Though these carpenters were most widely associated with working with wood, they were also working with and around all kinds of other construction materials that contained asbestos. This includes materials such as:

The risk of exposure to asbestos fibers is often associated with individuals who worked with or around products that contained asbestos. However, people who come in contact with workers who are exposed to asbestos fibers are also at risk of the dangers of asbestos. These dangers include the development of mesothelioma and other asbestos-related cancers.

Why is Asbestos Dangerous?

Asbestos was used in many products up until the 1980’s, when the dangers of it were universally recognized. Asbestos becomes dangerous when it is disturbed and releases microscopic fibers into the air. Once these fibers are released into the air, they can be breathed in and may remain in the lungs. The effects of asbestos fiber exposure may not become apparent for many years or even decades.

How Second-hand Asbestos Exposure Occurs

Second-hand asbestos exposure involves exposure to the asbestos fibers without actually working with the material that contains asbestos. The victims of second-hand exposure are often family members of individuals returning home from work after encountering asbestos as a result of their employment. These workers are unaware that they may be carrying fibers that could be dangerous to their families.