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Asbestos Exposure Lawyers Construction workers are frequently exposed to asbestos while tearing down or building new structures. The exposure can lead to asbestos-related diseases such as mesothelioma. Asbestos exposure lawyers can assist victims and their families recover compensation from the companies that exposed them to the hazardous substance. Exposure to asbestos can cause mesothelioma and lung cancer and other asbestos-related illnesses. Exposure to Asbestos Asbestos is a naturally occurring mineral fiber that's resistant to heat and corrosion. It'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 for long periods of time increases the risk of developing asbestos-related ailments. The lungs of those who have been exposed to asbestos for a long period of time can build up millions of microscopic fibers, which can lead to asbestosis, a fibrotic lung disease, and Mesothelioma. Exposure to asbestos may also cause other illnesses that affect the linings of internal organs including the gastrointestinal tract heart, genitals and the gastrointestinal tract. Exposure to asbestos can occur through breathing in air containing asbestos fibers, consuming contaminated food or drinking contaminated water, or through the skin (touching the asbestos). The most common method by which people contract an asbestos-related illness is through exposure to asbestos in the workplace. This kind of exposure to asbestos can occur when people unknowingly carry asbestos dust home in their clothes. Family members can then inhale it. It's not uncommon for homeowners and renovators to accidentally disturb asbestos-containing materials during a renovation or demolition. Asbestos exposure symptoms may not manifest immediately. It's crucial to have regular medical checks. Doctors should review a person's medical history, physical exam, and lung function tests to detect any potential health problems. People who work around asbestos or with asbestos must be aware and take precautions to stay safe from exposure. If you're concerned that your home might contain asbestos, get an asbestos removal specialist to assess the condition of the home and test the samples. You should also be aware of asbestos-related risks in your home, which include pipes that are not finished or damaged as well as old brake and clutch components imported from overseas, and damaged or incomplete insulation. Asbestos-Related Illnesses Asbestos exposure has been linked to various serious illnesses including mesothelioma which is which is a fatal cancer. It affects the lung lining as well as the heart, abdomen, and other organs, and the symptoms can take decades to manifest. It also often mimics other more common ailments which makes it difficult to treat and diagnose. It is essential to inform your doctor if you have ever been exposed to asbestos, as well as about your medical history. Buffalo asbestos attorney can also cause asbestosis and pleural plaques which are non-cancerous lung conditions. These conditions occur by asbestos fibers that cause irritation and scar the lung tissues and make it difficult for the lungs to work to bring oxygen into the bloodstream. This can result in a constant cough and chest pain. Mesothelioma is a rare form of cancer that develops in the mesothelium that covers the lungs and chest cavity (pleura) as well as membranes that surround other internal organs, such as the abdominal cavity (peritoneum) or the ovary and larynx (peritoneal mesothelioma). The mesothelioma cancerous cells are usually malignant. They can expand to different organs of the body. Asbestosis, a condition that is chronically caused by asbestos exposure, is a permanent alteration of lung tissue. When asbestos is inhaled, it causes irritation to lung tissue and causes inflammation. This irritation leads to fibrosis which causes the lungs become rigid and inelastic. This can lead to an ongoing cough and breathing difficulties. Asbestos can also cause peritoneal msothelioma in 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 to File an Asbestos Claim Asbestos victims are able to file a claim to get compensation for their financial loss. This compensation could help pay for medical treatments and lost wages, give families peace of mind and hold negligent asbestos companies accountable for their harmful actions. An knowledgeable asbestos lawyer can help people to understand their legal options and help ensure that they meet all deadlines required. The first step is determining the kind of asbestos claim that is appropriate for an individual's circumstances. This process will include an examination of medical records, employment history and asbestos exposure records. Once the information is gathered by the attorney, an action plan will be developed and filed with the asbestos trust fund or with the party responsible. Once the initial complaint is filed, the asbestos trust or company will have the chance to respond. During this time the lawyer representing the victim will conduct an extensive investigation and identify any evidence that could strengthen the case. In some cases, the attorney may also request punitive damages from the accountable parties. These penalties are often used as a deterrent to asbestos companies from engaging in similar practices in future. Typically, victims can get anything from $1 million to $1.4 million in mesothelioma compensation. Family members and survivors are also able to pursue mesothelioma-related 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 keep the legal action initiated by the patient. A lawyer who specializes in asbestos exposure is highly recommended, because of the complex nature of these claims. An experienced lawyer can handle the entire process of a mesothelioma lawsuit, including identifying the parties responsible and submitting the claim at the correct place and meeting any required deadlines. Lawyers can also help determine the best way to receive the maximum amount of compensation. This may include filing multiple claims with various trust funds to increase the likelihood of receiving a fair settlement. In many states, there are statutes of limitation that limit the length of time a person is allowed to wait to file an asbestos claim. Failure to act within the deadline could result in a loss of rights to compensation. New York City Asbestos Litigation Court Anyone suffering from an asbestos-related condition can file a lawsuit with the Asbestos Litigation Court of New York City (NYCAL). The court's case management was created to simplify litigation, and ensure that those who suffer from asbestos receive the best outcome possible. The litigation process in NYCAL has its challenges. Asbestos-related companies, for instance, have been kicked out of NYCAL lawsuits involving punitive damage claims. Even though these lawsuits are brought by non-employee plaintiffs however, the companies named defendants in these lawsuits typically must pay to defend themselves against these punitive damages claims. This is particularly applicable to companies that are deemed to be responsible for the actions of their corporate predecessors or other individuals who are no longer associated with them. Asbestos claims are often included in mass tort lawsuits that involve both plaintiffs and defendants. Due to this, asbestos defendants face increased costs and a potential negative publicity because of their role in the litigation. To minimize the risk, courts have established mass tort rules that apply to asbestos claims. One of these rules is that it's an essential part of an action for damages that exposure to a toxic substance by the defendant resulted in their injuries. The court also requires plaintiffs to prove not only that the toxin of the defendant caused their injuries, but also that they were exposed in sufficient quantities to cause damage, also known as the 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 decided that plaintiffs were not able to meet the causation standards established by the Supreme Court in Nemeth v. Mobile Oil Corp., because the expert witness in the case did 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 in charge of NYCAL supervise the 5th judicial district, which comprises the counties of Onondaga, Herkimer, Oswego, Jefferson and Lewis, and the 4th Judicial District, which includes the counties of Sullivan, Ulster, Greene, Madison, Cortland, Tompkins, Chemung, and Chenango. The New York Supreme Court also has a Special Asbestos Task Force that manages these claims.