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Asbestos Exposure Lawyers When taking down old structures or building new ones construction workers are exposed asbestos. The exposure can lead to asbestos-related diseases like mesothelioma. Asbestos lawyers can aid victims, their families and companies who exposed them to asbestos recover compensation. Exposure to asbestos may cause mesothelioma, lung cancer and other asbestos-related ailments. Exposure to Asbestos Asbestos is a naturally occurring mineral fiber that's resistant to heat and corrosion. Antioch asbestos attorneys '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. Exposure to asbestos that is long-term and unsafe 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 could cause the fibrotic lung diseases like asbestosis and Mesothelioma. Exposure to asbestos can also trigger other diseases that affect the linings of organs within, such as stomach heart, genitals and the gastrointestinal tract. The exposure to asbestos can happen through inhalation of air containing asbestos fibres, the ingestion of contaminated food or water, or the skin (touching asbestos). The most frequent way that a person gets an asbestos-related illness is through occupational asbestos exposure. This type of exposure to asbestos can occur when workers do not realize they carry asbestos dust home with them in their clothing. Family members could then breathe it in. It is not uncommon for home renovators to unknowingly damage asbestos-containing materials during renovations or demolition. The symptoms of asbestos exposure generally do not show up immediately, so it's crucial to have regular medical exams. Doctors should look over a person's background, physical examination, and lung function tests to determine any health issues that could be a concern. People who work around asbestos or with asbestos should be aware and take precautions in order to avoid exposure. If you're concerned that your home contains asbestos, get an asbestos removal expert to assess the condition of the building and take samples to test. You should also be vigilant about possible asbestos-related hazards in your home, such as damaged or unfinished insulation as well as fire-resistant coatings for pipes, as well as old brake and clutch parts imported from overseas. Asbestos-Related Illnesses Asbestos exposure has been linked to numerous serious diseases including mesothelioma, which is a deadly cancer. It affects the lung lining, heart, abdomen and other organs. The symptoms can take a long time to manifest. It can also be linked to more common illnesses which makes it difficult for doctors to diagnose and treat. It is essential to inform your doctor if you've ever been exposed to asbestos, as well as about your medical background. In addition to mesothelioma exposure, asbestos can trigger two different non-cancerous, asbestos-related lung conditions that include pleural plaques as well as asbestosis. These conditions are caused by asbestos fibers that cause irritation and cause scarring to the lung tissues which make it difficult for the lungs do their job to get oxygen into the bloodstream. This can lead to a chronic cough and chest pain. Mesothelioma is a rare type of cancer that develops in the mesothelium. It covers the chest cavity and lungs (pleura) as also the membranes which surround other organs, including the abdominal cavity (peritoneum) or the larynx and ovary (peritoneal mesothelioma). Cancerous mesothelioma cells are typically malignant, which means they may spread to other parts of the body. Asbestosis is a chronic illness caused by asbestos exposure, is a permanent change in lung tissue. Inhaling asbestos causes irritation and inflammation of the lung tissue. This irritation eventually leads to fibrosis, which causes the lungs to become rigid and inelastic. This can cause an ongoing cough, difficulty breathing and a dry cough. Asbestos may cause peritoneal msothelioma to the abdomen's lining and organs. It can cause swelling of the abdomen or a buildup of fluid, and can cause severe stomach pain, weight loss, and stomach discomfort. How do I file an asbestos claim Asbestos victims can file claims for compensation to cover their financial losses. This compensation can help pay for medical treatment and lost wages, give families peace of mind and hold negligent asbestos companies accountable for their harmful actions. An asbestos lawyer with experience can help people understand the legal options that are available to them and ensure that they meet all deadlines. The first step to determine which asbestos claim is the most suitable for a specific person is to determine the circumstances of that person. This involves a review of medical records, employment histories and asbestos exposure records. Once all the information is collected, the attorney will prepare an initial complaint which is filed with the liable party or asbestos trust fund. After the initial complaint is filed and the asbestos trust or company will have the chance to respond. During this period, the victim's attorney will conduct an extensive investigation and find any additional evidence that could be used to strengthen the case. In certain cases attorneys may request punitive damages. These penalties are usually used as a deterrent to asbestos companies from engaging similar actions in the future. Typically, victims can receive anything 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 in order to continue the legal process initiated by the patient. A lawyer with expertise in asbestos exposure is highly recommended, because of the complicated nature of these claims. A skilled lawyer will manage all aspects of mesothelioma cases, including investigating the responsible party, submitting the claim in the correct place, and meeting any deadlines. Additionally, lawyers can determine the best strategy for obtaining maximum compensation, which involves filing multiple claims using different trust funds in order to increase chances of receiving a fair payout. In most states there are statutes that limit the amount of time one has to wait before making an asbestos claim. In the event of not acting within this timeframe can result in a loss of legal rights to seek compensation. New York City Asbestos Litigation Court A person who suffers from an asbestos-related disease could file a lawsuit in the city of New York's Asbestos Litigation Court (NYCAL). The court for case management was created to streamline litigation and guarantee the best possible outcome for those who suffer. However, the process of litigation in NYCAL is not without obstacles. For example, many asbestos companies have been shut out of NYCAL cases because of punitive damages claims. Although these cases are filed by non-employee employees and defendants, the companies named as defendants in these lawsuits typically must pay to defend themselves against these punitive damages claims. This is particularly relevant to companies that have been held responsible for the allegations of misconduct by their corporate predecessors, or other individuals not associated with them. In addition asbestos claims are frequently part of massive mass tort lawsuits that include several defendants and plaintiffs. Because of this asbestos defendants face higher costs and a potential negative publicity as a result of their role in the litigation. In order to reduce the risk, courts have set up specific rules for mass torts which are applied to asbestos claims. One of these rules is that it is a crucial part of the claim for damages that the plaintiff's exposure to 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 also that they were exposed to sufficient quantity to cause the harm, known as specific causation. In a recent ruling the Appellate Department of the First Judicial Department dealt NYCAL a severe blow by reaffirming the need. 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 ruled that plaintiffs were not able to meet the specific causation standard established by the Supreme Court in Nemeth v. Mobile Oil Corp. in that the expert witness in the case could not provide sufficient evidence that mesothelioma is a result of “significant exposure above background levels.” New York City Asbestos Litigation Court is an institution that has a number of judges who handle asbestos cases. The Judges who manage NYCAL are responsible for the 5th Judicial District which includes counties such as Onondaga and Herkimer as in addition to Jefferson, Lewis, Cortland and Tompkins. They also manage the 4th Judicial District which includes counties like Sullivan, Ulster and Greene. The New York Supreme Court also has a Special Asbestos Task Force that oversees these claims.