Asbestos & Mesothelioma Law Blog

Mesothelioma and Improper Asbestos Disposal

December 27, 2022 | Throneberry Law Group

The disposal of asbestos must be tackled in a specific manner. Improper disposal of asbestos can put people at risk of suffering asbestos exposure, thus developing asbestos-related diseases, such as mesothelioma. Even if the fibers are outdoors, they can be kicked up high enough for someone to inhale them. Because of how dangerous improper asbestos disposal can be, it is crucial for anyone removing asbestos to involve a professional. Asbestos abatement professionals are highly trained to follow the correct procedures. On top of putting the lives of others at risk, anyone who disposes of asbestos improperly faces serious fines or penalties if they break one of the laws regulating asbestos removal and disposal. Asbestos abatement professionals are highly trained to follow the laid down rules.

Homeowners and Asbestos Abatement and Disposal

Sometimes landowners decide to remove and dispose of asbestos on their own. However, this is risky. If a property owner believes they have asbestos on their property, certain steps must be taken to ensure the dangerous mineral is removed and disposed of in a safe manner. If a landowner decides to handle the removal and disposal of asbestos on their own, they put a lot of people in danger. They also risk facing fines and penalties if they break one of the laws regulating asbestos removal and disposal.

Understanding the Mesothelioma Attorney-Client Agreement

December 19, 2022 | Throneberry Law Group

The importance of hiring a lawyer after a mesothelioma diagnosis can never be over-emphasized. After you or a loved one is diagnosed with mesothelioma, it is crucial that you find an attorney who is, among other things, experienced, compassionate, and a good communicator.

If you have already found the right lawyer to help you with your mesothelioma case, the next step is to seal the deal with them by signing an attorney-client agreement. However, before signing an attorney-client agreement, it is vital that you understand what an attorney-client agreement is and the provisions of such an agreement.

What is an Attorney-Client Agreement?

What are the Signs of Asbestos Exposure?

December 9, 2022 | Throneberry Law Group

Asbestos was once widely used in the United States of America. This material is not yet banned in the U.S., but its use has drastically reduced over the years. When asbestos is contained, it is generally not harmful. On the other hand, if asbestos is damaged or disturbed, it can pose serious health risks. If asbestos is disturbed, asbestos fibers can become airborne. When asbestos fibers become airborne, people can inhale them and develop serious health conditions.

Who is Most Likely to Get Exposed to Asbestos?

Long ago, asbestos was widely used in several industries across the United States. The people who worked in industries that frequently used asbestos were at the greatest risk of being directly exposed to asbestos. If, for example, a person worked as a shipyard worker, construction worker, demolition worker, carpenter, or painter, they might have been at a greater risk of being directly exposed to asbestos. Even today, people working in certain industries are at great risk of being directly exposed to asbestos.

Signs You Hired the Wrong Mesothelioma Lawyer

November 30, 2022 | Throneberry Law Group

A mesothelioma victim or their family can file a personal injury claim and recover compensation from the party that is to blame for the asbestos exposure. It is not a legal requirement to retain an attorney during a mesothelioma case, but it is advisable to do so. Mesothelioma cases can be difficult to prove and usually involve large companies with unlimited resources. It is best not to risk trying to prove a mesothelioma case or going against these large companies without the help of an attorney. However, hiring just any attorney is not enough. One must hire the right attorney to increase the chances of seeing a positive outcome in a mesothelioma case.

So, how do you know you hired the right or wrong mesothelioma attorney? If you hired an attorney to help you with a mesothelioma case, the following are some of the signs you should look out for that indicate you hired the wrong attorney;

Sign #1: Bad Communicator

Why is it Important to Act Fast After a Mesothelioma Diagnosis?

November 23, 2022 | Throneberry Law Group

Mesothelioma is a rare type of cancer that develops after asbestos exposure. According to research, approximately 3,000 people are diagnosed with this rare disease every year in the United States. While mesothelioma occurs more often in men, it can occur in women too. After asbestos exposure, it can take decades for a person to find out they have mesothelioma. However, while the onset of mesothelioma symptoms can be slow, this rare disease can be aggressive. It is advisable for mesothelioma victims and their families to act fast after a mesothelioma diagnosis.

After a mesothelioma diagnosis, a victim and their family can file a claim against the negligent party responsible for the illness. For example, after someone develops mesothelioma after getting exposed to asbestos while working with asbestos-contaminated products, they can sue their employer who failed to protect them from asbestos exposure. However, it is best to be aggressive when pursuing financial and legal remedies after a mesothelioma diagnosis. Below are two of the main reasons why it is best to be aggressive when pursuing financial and legal remedies after a mesothelioma diagnosis.

A Personal Injury Claim Can Quickly Become a Wrongful Death Claim

Workers’ Compensation for Mesothelioma

November 16, 2022 | Throneberry Law Group

Occupational asbestos exposure is quite common. Some of the high-risk jobs include construction, firefighting, engineering, sheet metal fabrication, and roofing. After a worker develops mesothelioma or another asbestos-related illness, they may be eligible for workers’ compensation if they suffered asbestos exposure while on the job. However, before selecting workers’ compensation as the compensation option, it is crucial that a mesothelioma patient fully understands all their legal options. There are many other ways of seeking compensation after developing mesothelioma due to occupational asbestos exposure. Before filing a workers’ compensation claim, a mesothelioma patient should speak to a qualified lawyer. There may be another way to recover more compensation.

Workers’ Compensation for Mesothelioma Victims

Workers’ compensation is a form of insurance employers are required to have. This form of insurance compensates employees who are injured or who develop illnesses because of their job. However, when a person files a workers’ compensation claim, they usually lose the right to file a lawsuit against their employer. People who get exposed to asbestos while at work and who end up developing mesothelioma or other asbestos-related illnesses may be eligible for workers’ compensation.

Ford Fails to Have a Mesothelioma Lawsuit Dismissed

November 4, 2022 | Throneberry Law Group

The Supreme Court of the State of New York recently denied a petition from Ford Motor Company asking the Court to shut down mesothelioma lawsuit against them. When the defendant in this case, who for purposes of this article will be referred to as J.S., discovered he had mesothelioma, he and his spouse filed a lawsuit against Ford Motor Company. According to the lawsuit, the company is responsible for J.S.’s exposure to asbestos-containing parts during his years at a dealership in Orchard Park. What is interesting about this case is that Ford did not deny that the parts J.S. was dealing with were asbestos-contaminated. The company also didn’t deny the fact that asbestos is a toxin.

After J.S. discovered he had mesothelioma at age 65, he filed a lawsuit against Ford Motor Company, the company responsible for his asbestos exposure, thus, his illness. According to J.S.’s lawsuit, he worked as a delivery man for the dealership in Orchard Park. During his time in this position, J.S. was exposed to asbestos-containing dust when he unlocked boxes and dealt with brakes and clutches from Ford. In his claim, J.S. also stated that he had maintenance, cleaning, and sweeping duties during his time at the dealership. On top of that, J.S. stated in his lawsuit that he suffered asbestos exposure through his interaction with mechanics performing clutch and brake jobs.

The defendant did not deny that J.S.’s work involved dealing with asbestos-contaminated products. The company did not deny that asbestos is dangerous and can cause illnesses. Ford’s argument was focused on whether J.S.’s closeness to their parts was enough to result in him developing his illness. The company’s argument centered on whether chrysotile asbestos caused risk compared to amphibole asbestos. Also, Ford Motors argued that therapeutic radiation could have caused J.S.’s illness.

Proving a Mesothelioma Claim

October 22, 2022 | Throneberry Law Group

After a person is diagnosed with mesothelioma they may be entitled to recover compensation from the party responsible for their asbestos exposure. However, compensation does not come automatically. A mesothelioma patient needs to undergo a specific process to recover compensation. For example, a mesothelioma patient can file a mesothelioma claim against the negligent party. After filing their claim, a mesothelioma patient will need to prove their case before they can recover compensation. Fortunately, lawyers are available to help mesothelioma patients with their claims. In fact, it is not advisable to handle a mesothelioma claim without a legal representative.

Proving Asbestos Exposure

In any mesothelioma claim, asbestos exposure must be proven. After a mesothelioma patient hires a lawyer, the lawyer will want to look at the patient’s diagnosis. Because asbestos exposure is the primary cause of mesothelioma, a doctor’s diagnosis can help prove asbestos exposure.

Why is it Hard to Diagnose Mesothelioma?

October 14, 2022 | Throneberry Law Group

Mesothelioma is a type of cancer that develops after a person is exposed to asbestos. There is no cure for mesothelioma. The good news, however, is that there are several treatment options available for mesothelioma patients. But, to have a good chance of fighting the disease, mesothelioma patients need to be diagnosed early before the disease has reached its later stages. Treating mesothelioma when it has reached its later stages is usually difficult. Unfortunately, most people who receive a mesothelioma diagnosis will also be told their prognosis is not good. Many people are getting diagnosed with mesothelioma when the disease has reached its later stages.

So, what makes it hard to diagnose mesothelioma? The following are five reasons why diagnosing mesothelioma is difficult.

People Assume Asbestos is Banned

Is Mesothelioma Hereditary?

October 10, 2022 | Throneberry Law Group

It is common to see more than one member of the same family developing mesothelioma. Because of this, some people have concluded that mesothelioma is hereditary. But is it true that mesothelioma is hereditary? No . . . The answer to this question is not as easy as it might seem. The primary cause of mesothelioma remains asbestos exposure. However, outlier researchers suggested that people who inherit a particular type of gene are more vulnerable to developing mesothelioma, especially if exposed to asbestos.

How Genetics Impact Mesothelioma Development

There is an outlier body of research that suggests inheriting a particular type of gene can raise an individual’s likelihood of developing mesothelioma, especially if exposed to asbestos. In other words, the research suggests that genetics is a risk factor for mesothelioma. As a risk factor, the research suggests genetics can increase the risk of mesothelioma development. However, asbestos remains the direct cause mesothelioma.