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Asbestos Litigation Cases Each asbestos case is unique, but there are certain aspects that are common to all. The person diagnosed with asbestos must be able to prove their asbestos exposure and the condition for which they have been diagnosed with and the damage they have suffered. A mesothelioma attorney will review your case for free and determine if you are eligible to receive compensation. The process typically takes a few months. Know where asbestos is located Asbestos is a mineral that occurs naturally, is composed of fibrous crystals of silicate. It was used in various products and construction materials because it was heat resistant, durable and flexible. But asbestos is a deadly carcinogen that can cause serious illnesses such as mesothelioma. Asbestos exposure can be found at work and at home. If you have been diagnosed with an asbestos-related disease, an experienced asbestos litigation lawyer can help you seek compensation from the responsible companies for your exposure. Asbestos is present in older commercial and residential buildings as well as industrial facilities. It was used extensively in many different fields for many decades before it became known that asbestos exposure can lead to a variety of diseases. The majority of people with mesothelioma or other asbestos-related diseases began to develop symptoms after exposure to the toxic substance at their job. homes built prior to 1977 are more likely to contain asbestos. The most common locations where the material is present include floor and wall insulation, textured house paint and patching compounds, artificial ashes and embers for gas-fired stoves, vermiculite-containing attic insulation, and blown-in or sprayed asbestos fire-proofing insulation. If you're unsure whether an item in your home contains asbestos, you should consult a certified asbestos expert prior to completing any repairs or renovations. This could cause damage to the contaminated material and result in asbestos being released into the air which can be inhaled by the people living in the residence. It is essential to know that asbestos is not detectable through visual inspection alone. To determine if an item has asbestos, it must be tested by an accredited laboratory. If you're unsure if an item at home, in the office or workplace contains asbestos, we recommend contacting a licensed inspector or consultant who can test the item and provide the appropriate advice. Asbestos is not safe to contact even if it's bound, which means that it is fixed by another material. If asbestos is disturbed it can become friable, posing an additional health risk. Friable asbestos must be sealed in plastic bags or sheets doubly-bagged and labeled. It should be disposed of in the designated waste bin to be properly disposed of by a licensed asbestos business. Don't Disturb Asbestos Despite the dangers that asbestos poses, they are safe to work with if they are in good condition and not disturbed. It is crucial to avoid any action that could disturb the material or its surrounding structures. The materials could be damaged and release asbestos fibers into the air. This could lead to serious health issues, including mesothelioma and lung cancer. If an asbestos-related condition is diagnosed, the person could be entitled to compensation from several defendants. Despite the fact that many asbestos producers have been bankrupt in recent years, their insurance companies still cover the claims of asbestos-related diseases and mesothelioma. In a lot of instances, the money is distributed by funds specifically set aside for those suffering from these diseases. These large funds have allowed people to receive substantial settlements in certain cases, but these settlements aren't available to everyone who suffers from a disease that is a result of asbestos exposure. Because of this, it is important that a person who has been diagnosed with an asbestos-related condition seeks the assistance of a seasoned mesothelioma attorney. A mesothelioma attorney can help victims determine how and where they were exposed to asbestos, which companies are responsible for their injuries, and the best legal system to file their lawsuit. They can also explain the different forms of compensation that are available to victims. In addition to naming defendants who manufactured asbestos, mesothelioma lawyers often name companies that used asbestos or were owners of companies that used it. The latter kind of case is more complicated because the plaintiff must demonstrate that their injury was caused by exposure to a particular company's product. Most asbestos cases, unlike class action lawsuits are filed in state court and handled as individual suits. However, a lot of asbestos-related cases are still grouped into multidistrict litigation (MDL). MDL is an asbestos litigation procedure where lawsuits are handled by a single judge for pretrial proceedings, but are then sent back to the original courts for trial. This makes it easier for those who have suffered injuries to receive their day in court and win a fair settlement or verdict. Wear PPE when working with asbestos Many asbestos-related lawsuits are based on exposure to asbestos, which can cause mesothelioma as well as other serious diseases. Someone who is exposed to asbestos is likely to suffer from an asbestos-related illness for years or even decades after their initial exposure. Often, the person who suffers from an asbestos-related disease does not receive a diagnosis until after he or her has passed away from the disease. This is due to the fact that asbestos-related diseases can take a long time of time before they develop. Those working with asbestos have to wear PPE (personal protective equipment) to safeguard themselves from asbestos-related illnesses. Clothing and footwear are included. The type of PPE required is determined by the task that is being undertaken. PPE that is required when working with asbestos consists of a disposable coverall, rubber gloves and respirators. Additionally those who must wear PPE must wear a hat as well as safety glasses to protect their eyes. It is recommended for those who work with asbestos to wear shoes that do not have lacing. Washington asbestos lawsuits will stop the lace from being infected by asbestos dust and fibres. If someone wears PPE they must ensure that it fits correctly. If the PPE does not fit correctly, it could cause the wearer to be less vigilant when working with asbestos. This could result in more exposure and an increased chance of developing asbestos-related diseases. When working with PPE, it is also crucial that the worker adheres to the safety tips on the relevant material safety data sheet. New York has several different methods for handling asbestos litigation cases. The asbestos litigation docket in Upstate New York is divided into several judicial districts with each district having a judge who is experienced in asbestos litigation. Asbestos litigation is continuing to draw attention across the nation. In 2021, Massachusetts filed a lawsuit against four companies over the removal and storage of asbestos from the former YMCA. A plaintiff won an $8 million mesothelioma prize after being exposed asbestos while drilling holes in balls at a bowling lanes. Asbestos litigation started picking up speed in the 1970s following studies by scientists linked asbestos to serious health issues like mesothelioma, among others asbestos-related diseases. Asbestos lawsuits have since grown to become the largest mass torts in American history. Many of these claims have been settled by settlements or trial verdicts in favor of the families of victims. Contact an attorney A knowledgeable attorney can help you obtain financial compensation in the event of an asbestos-related disease. Compensation could cover the loss of wages, medical bills and home care costs funeral and burial expenses if your loved one died from an asbestos-related disease, and suffering and pain. A lawsuit can bring negligent asbestos producers to account for their actions which often caused serious injuries for their employees. Asbestos claims require a thorough review of all the companies that produce asbestos-containing products. Asbestos claims can also be a part of various claims and wrongful death suits. These claims could be filed as workers compensation or private lawsuits. A lawyer can help explain the pros and cons for each option depending on your particular circumstances. The asbestos litigation initially was primarily focused on shipyard workers, including those who built ships during World War II. Later the cases were widened to include workers in power plants, oil refineries, and railroads. In the 1970s, a new wave of asbestos-related diseases emerged and the litigation expanded. A lawyer can review your mesothelioma diagnosis, employment history and exposure history to determine if you're an issue that meets the requirements for filing under the New York City Asbestos Litigation (NYCAL). They will evaluate your eligibility for a settlement or trial, depending on the facts of your situation. Consult an attorney immediately if you have been diagnosed with mesothelioma or any other asbestos-related disease. You must act quickly since most states have statutes of limitations that begin to tick from the moment you get your diagnosis. If you are seeking compensation for the loss of a loved-one who was diagnosed with asbestos-related illnesses or mesothelioma, you must to file a lawsuit within the time frame. An attorney can assist you bring a lawsuit against negligent asbestos producers who could be the cause of your illness. They can assist you in gather the necessary evidence and respond to requests for discovery and prepare for your deposition. They can also assess whether trust funds are available and help you with claiming those funds.