Asbestos & Mesothelioma Law Blog

Asbestos contains microscopic fibers that, when released into the air, can be breathed into the lungs, where they can remain for several years before serious health issues become apparent. Exposure to these fibers can cause serious health issues, including cancers like mesothelioma. Insulation was the largest source of exposure to asbestos for workers throughout the 1900s.

Insulation Use

Insulation provides many benefits, including energy conservation, sound deadening, reduction of electrical conductivity, and help with the retention of hot and cold temperatures. Asbestos was particularly well-suited for these purposes, as it is fire resistant and a poor conductor of electricity. In addition, it was cheap and durable. The use of asbestos in insulation products began in the late 1800s to help protect against high-temperature pipes. By 1874, asbestos insulation products were commercially produced and sold on a large-scale basis.

Though the use of asbestos was largely halted in the 1980s, its widespread use for much of the twentieth century means it is not uncommon for people to come across asbestos in their homes or other buildings today. If this happens, it does not mean panic should set in, but there are precautions that should be exercised. By treating asbestos with caution, injury can be avoided.

Asbestos Abatement: Repair Versus Removal

Asbestos was extensively used in insulation and other products that required heat resistance. Asbestos becomes dangerous when it is damaged or removed, which releases microscopic fibers into the air. When breathed in, these fibers may remain in the lungs for many years before serious health complications appear, such as mesothelioma or other cancers.

An important part of any lawsuit is the discovery process. Discovery is a pre-trial phase of a lawsuit in which all parties involved request and gather information related to the case. Due to the complex nature of mesothelioma claims, the discovery phase is critical. For victims in mesothelioma claims, it is important to be prepared for extensive questioning related to many different aspects of the person’s life. While this may seem personally invasive, it is a necessary step in the development of the claim.

What Does Discovery in Mesothelioma Cases Entail?

Discovery occurs before a trial begins and allows each party to obtain evidence from all opposing parties. In order to collect this evidence and information, the parties make use of interrogatories, requests for depositions, production of documents, and admissions. A majority of the information that will be involved in the case is exchanged during this phase of the lawsuit.

Individuals exposed to asbestos fibers are at risk of developing mesothelioma and other asbestos-related diseases. Exposure was widespread up until the 1980s, when the dangers of exposure were officially recognized by the federal government. Unfortunately, by that time, many individuals had already been exposed to dangerous levels of fibers. As a result, there have been many asbestos-related claims against the manufacturers and employers that were responsible for causing exposure to victims.

Danger of Asbestos

Asbestos contains microscopic fibers that, when disturbed, are released into the air where they can be breathed into the lungs. They may remain in the lungs for several years (in some cases, even decades) before any damage is detected. Exposure to these fibers has been linked to the development of cancer, including mesothelioma. The cost of treating these diseases or conditions is often quite significant. As a result, victims frequently turn to lawsuits against those responsible for their exposure to recover damage awards that can help pay for medical expenses.

Asbestos Class Action: Should I Join a Class Action?

A class action lawsuit involves a group of people collectively filing a claim against a defendant. The lawsuit is filed on behalf of a group of people who are “similarly situated.” This means that a group of plaintiffs all have similar injuries caused by shared circumstances that raise the same legal issues. The court determines whether the similarities are sufficiently close enough and whether forcing all of the plaintiffs to file separate lawsuits would be overly burdensome.

The Industrial Revolution led to a rapid increase in the use of asbestos that continued until the mid-1970s. Asbestos could be found in just about every product made during the twentieth century and also found its way into homes and other buildings. Unfortunately, asbestos can be very dangerous, leading to the development of mesothelioma and other cancers.

What is Asbestos?

Asbestos is a group of minerals that occur naturally as bundles of microscopic fibers. When released into the air, the fibers can be breathed in and remain in the lungs for long periods of time. An individual may have these fibers in their lungs for decades before serious complications develop.

There are two main types of asbestos – chrysotile (known as white asbestos) and amphibole. Chrysotile was the most common type of asbestos used in industrial applications. Chrysotile fibers wrap around themselves in the shape of a spiral, which has led to chrysotile being referred to as “serpentine” or “curly” asbestos. Amphibole asbestos is straight and needle-like. It includes several different types of asbestos, including amosite (brown asbestos), crocidolite (blue asbestos), tremolite, actinolite, and anthophyllite. Both chrysotile and amphibole are known to cause cancer and can lead to the development of mesothelioma.

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.

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.

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.