Asbestos & Mesothelioma Law Blog

Mesothelioma Statute of Limitations: Mesothelioma is caused by asbestos exposure and is almost always fatal but takes years – even decades – to emerge. Even after the illness has been contracted and produces symptoms, it may take a long time for it to be accurately diagnosed. The reason for this is the close similarity of the symptoms of mesothelioma to those of lung cancer and asbestosis.

Mesothelioma Statute of Limitations

Once mesothelioma has taken effect and been accurately diagnosed, time takes on two new meanings. On the one hand, it is imperative that mesothelioma sufferers receive the medical treatment and therapy they need to increase both the quantity and quality of life. On the other hand, it is important that mesothelioma sufferers take legal action quickly to fight for any compensation they are entitled to for the cost of medical treatment, as well as pain and suffering, and other losses. This legal aspect of time speaks to what is known as the “statute of limitations.” Because mesothelioma can take 20 to 50 years to occur after exposure to asbestos, every state in the U.S. has extended the window of time in which individuals suffering from mesothelioma as a result of work-related exposure to asbestos may file a lawsuit to seek financial damages from the parties responsible.

Understanding Mesothelioma Symptoms: If you were exposed to asbestos and are now sick with aching chest pain, a persistent cough, fever and other pneumonia or flu-like symptoms, consult with a medical expert as soon as possible. Because of the similarity of the symptoms to lung cancer, and the delayed onset of the illnesses with regard to asbestos exposure, diagnosis of mesothelioma can be difficult. Consultation with a medical expert is a must. In addition, skilled and experienced mesothelioma attorney will fight to obtain any compensation you are entitled to for your medical treatment, pain and suffering, and other losses.

Asbestosis Involves Scarring in the Tissues of the Lung

Asbestosis is a scar formation the lung tissue that results from the exposure to and presence of asbestos fibers. Asbestos is a group of mineral fibers. These fibers, until the 1980s, were commonly used in a variety of industries because of its durability, flexibility, and resistance to heat. The ways that these fibers enter the lungs are through inhalation or swallowing. Because the body is unable to expel the tiny fibers from the lungs, the fibers remain there. Scarring occurs, and this interferes with lung function by blocking the uptake of oxygen from the air in the lungs into the bloodstream. This reduces that amount of oxygenated blood that returns to the heart and other tissues in the body. In addition, the presence of scar tissue in the lung causes stiffening of the lung – a condition that makes it difficult for the lung to expand with a deep breath. Unfortunately, asbestos scarring in the lung is irreversible, and as a general rule, the more exposure, the more scarring.

Asbestos in the Construction Industry

The construction industry was among those that turned to asbestos for fireproofing and insulating in the manufacturing process of a wide array of parts, products, and materials. The material – fibrous mineral – was cheap and heat resistant, and was used widely as early as the 19th century. While asbestos offered utility and cost-savings, however, it has since been linked to serious health problems in the workers that built the industries that so often implemented the mineral’s thin fibers.

The problem: when asbestos is not completely contained, its fine fibers can be inhaled or swallowed. When this happens, the fibers become embedded in a layer of tissue in the chest and abdominal regions known as the mesothelium. Unable to expel the tiny asbestos fibers from the body, the mesothelium becomes compromised. The resulting illnesses, mesothelioma and or asbestosis, take a truly terrible toll on the body. The symptoms are like those of lung cancer, intense pain and difficult breathing, and typically surface between 20 and 50 years after exposure to asbestos.

Mesothelioma and the Automotive Industry: Asbestos-related illness, including mesothelioma and asbestosis, have caused serious health problems for individuals who worked in the automotive industry in the 20th century. If you or a loved one have been diagnosed with an asbestos-related illness or are experiencing symptoms and work or worked in the auto industry, contact an experienced mesothelioma and asbestos attorney. The suffering you and your loved ones are being forced to endure may be connected to your work in the automotive industry.

Asbestos Once Commonly Used in Automobile Parts

If you have been diagnosed with mesothelioma or asbestos or are experiencing symptoms consistent with those illnesses and worked in the auto industry, you have surely asked three questions:

Mesothelioma and Asbestos Exposure: Mesothelioma is a somewhat rare type of cancer that is difficult to diagnose, shares symptoms with lung cancer and asbestosis, and inflicts terrible pain on those afflicted by it. The purpose of this article is to explain what mesothelioma is, how it is linked to asbestos exposure, and what the medical and legal options are for the afflicted and their loved ones. If you or a loved one are suffering with mesothelioma or asbestosis, contact an experienced mesothelioma attorney today.

Mesothelioma is the Signature Disease of Asbestos Exposure

Mesothelioma is the signature disease of asbestos exposure. Asbestos is a collection of minerals possessing fine microscopic fibers. These fibers are unique because they are resistant to heat, fire, and chemicals, and do not conduct electric current. Because of these unique, flame-resistant characteristics, asbestos has been mined and used extensively in the construction, automotive, shipyards and ship building, steel mills, chemical plants, oil refineries, HVAC, and other industries. While these special fibers possess a certain utility in these industries, they pose serious risks to the workers and other individuals who come into contact with them. Specifically, if asbestos fibers are released into the air that workers breath during the manufacturing or construction processes, they can be breathed in or swallowed by the workers.

Asbestos-related illnesses, including lung cancer and mesothelioma, cause immense suffering on both the afflicted and their loved ones. When one of these illnesses has been contracted through no fault of your own contact an experienced mesothelioma attorney to help answer two questions that commonly arise:

• What are the treatment options, and
• How can I hold the individual, business, or institution responsible accountable for my suffering?

The answer to the first question is medical in nature. The answer to the second question is legal in nature. The purpose of this article is to explain the basics of both. If you or a loved one have been diagnosed with an asbestos-related illness such as mesothelioma, contact an experienced mesothelioma attorney to discuss your legal options.

Mesothelioma is an Asbestos-Related Type of Cancer

Asbestos on the Job

The Occupational Safety and Health Administration (OSHA) has identified more than 75 job fields where workers are exposed to asbestos. OSHA did not begin regulating asbestos until 1971. While efforts were made to dramatically reduce the amount of asbestos considered ‘permissible’ through the 1980s and 1990s, exposure is still possible.

Is Asbestos Still a Risk?

Mechanics and Asbestos Brakes

Asbestos was valuable for automotive brakes due to its heat resistance and strength with a concentration of estimated to be 30 to 80%. Mechanics working on vehicles (both in the past and in the present) that use brake pads containing asbestos fibers are at risk for asbestos exposure. Examples of brakes containing asbestos include but are not limited to:

Allied Signal Friction King Disc Brake Pads (1979-1987);

Firsthand and Secondhand Asbestos Exposure: The air we breathe might not seem to be at the forefront of one’s mind, as we expect it to be free and clean of toxins. This, however, is not a perfect world and the environment is prone to have its flaws. One flaw is asbestos and its tricky fibers that fill the air around us, oftentimes without us knowing. Asbestos exposure is actually more common than people realize, and even today those who have been exposed might not know it.

Silent but Potentially Deadly

Asbestos exposure is no joke. Exposure to asbestos particles can cause such diseases as asbestosis, lung cancer, and mesothelioma. At least eight million Americans have had sufficient exposure to asbestos, either through firsthand exposure at work, or using commercial products containing it, or through secondhand exposure such as cleaning the clothes of someone who is exposed to a significant amount of asbestos.

Money does not grow on trees, nor does it appear out of thin air. For victims of asbestos exposure, it is very costly to undergo treatment. Each claim is different, but at the very least, there are medical bills that need to be paid. While the asbestos trust funds (worth an estimated $30 billion) are designed to compensate the victims, the FACT Act would require more paperwork and could actually end up delaying the compensation process.

As it stands, getting compensation is anything but instantaneous. The asbestos-related trust funds are not actually controlled by the companies that went bankrupt. Rather, the funds are in the hands of a designated “trustee” who makes decisions as to what the standards are and what the compensation will be. For instance, the claimant will have to show evidence of the asbestos related injury, but depending on the trustee for the company, the claimant might have to satisfy certain medical criteria. When it comes to the FACT Act, the information that a claimant gives is subject to public review.

Facts and Figures of the FACT Act