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Asbestos Litigation Cases Each asbestos case is unique but there are a few aspects that are common to all. In essence, the person who is diagnosed with asbestos must be able to prove their exposure, the condition they have been diagnosed with and the harms that they've sustained. A mesothelioma lawyer will conduct an initial case review for free to determine whether or not you are eligible for compensation. The process usually takes several months. Know Where to Find Asbestos Asbestos, a naturally occurring mineral composed of silicate crystals with fibrous structures. It was used in a variety of products and construction materials due to its heat resistance and pliable. However, asbestos is a carcinogen that causes death that can cause serious illnesses such as mesothelioma. Exposure to asbestos can occur in the workplace as well as at home. If you have been diagnosed with an asbestos disease, an experienced asbestos litigation lawyer can help you seek compensation from the responsible companies for the exposure. Asbestos is found in older buildings, commercial structures and industrial facilities. It was used extensively in many different fields for many decades before it became known that exposure to asbestos can cause a variety of illnesses. The majority of those suffering from mesothelioma or other asbestos-related illnesses began to develop symptoms after exposure to the toxic substance in 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 not sure if the product in your home is asbestos-containing, you must consult a licensed asbestos expert prior to completing any repairs or renovations. This can cause disruption to the contaminated material and lead to asbestos being released into the air where it could be breathed in by those living in the house. It is also crucial to be aware that asbestos cannot be identified through visual observation alone. In order to determine if something is contaminated, it has to be tested by a licensed laboratory. If you are unsure whether something in your home or work location is asbestos-contaminated it is advised to consult a licensed expert or inspector who will test and offer appropriate guidance. Even if asbestos is bonded (which means it is held in position by a different material), it is still not safe to handle. If asbestos is disturbed it may become friable and pose a health hazard. Asbestos that is friable should be sealed in an airtight plastic bag or sheet doubly-bagged and labeled. It should be put in the designated waste bin to be properly removed by a licensed asbestos business. Don't Disturb Asbestos Despite the risks that asbestos poses, they are safe to work with if they're in good shape and not damaged. It is essential to avoid any action that could disturb the material, or its surrounding structures. Disturbing these materials can cause the release of asbestos fibers into air, which could lead to severe health problems like mesothelioma and lung cancer and other respiratory diseases. If an individual is diagnosed with an asbestos-related illness is usually able to receive compensation from several defendants. While many of the companies who produced asbestos have gone under and their insurers have remained liable for the claims of workers who suffer from mesothelioma and other asbestos-related diseases. In many instances, the money is paid out through funds specially set aside for the victims of these illnesses. These large funds enabled certain cases to receive substantial settlements, however they aren't accessible to all people suffering from a disease related to asbestos exposure. It is essential that anyone who is diagnosed with an asbestos-related disease seeks the assistance of a mesothelioma lawyer who is experienced. A mesothelioma lawyer will help the victim identify where and how they were exposed to asbestos. They can also assist to determine which companies are accountable for their injuries and which court system is the best to file a lawsuit. They can also provide information on the various forms of compensation available to the victim. Mesothelioma attorneys can also name companies who used asbestos or were the owners of those companies. The latter case is more complicated as a plaintiff needs to prove that they were exposed to the product of the company and it caused injury to them. Most asbestos cases, in contrast to class action lawsuits are filed in state courts and are handled as individual suits. Many asbestos-related lawsuits are placed in multidistrict litigation. MDL is an asbestos-related procedure in which a group of lawsuits are handled by a single judge to resolve pretrial considerations, but later returned to the original courts to be tried. This makes it easier for injured people to get their day in court and win a fair settlement or verdict. Wear PPE While Working With Asbestos Many asbestos lawsuits stem from exposure to asbestos that causes mesothelioma, among other serious illnesses. Someone who is exposed to asbestos is likely to develop an asbestos-related illness years or decades after their first exposure. Oft, people suffering from an asbestos-related disease is not diagnosed until they die. This is because asbestos diseases take a long time to be diagnosed. Asbestos workers have to wear PPE (personal protective equipment) to guard themselves against asbestos-related diseases. Shoes and clothing are also included. The type of PPE needed will depend on the work. For asbestos-related work PPE should be accompanied by a disposable coverall and rubber gloves. PPE isn't the only thing to be worn. Safety glasses and a hat are recommended to protect your eyes. It is recommended that those who work with asbestos wear shoes without lace. This will prevent the lace becoming affected by asbestos dust and fibres. If someone wears PPE they must ensure that it fits correctly. PPE that isn't fitted properly could cause him or her to be less vigilant when working with asbestos, resulting in higher chance of developing an asbestos-related illness. It is essential to follow the safety instructions on the safety data sheets of the materials when wearing PPE. New York has several different methods of handling asbestos litigation cases. The asbestos litigation docket in Upstate New York is divided into several judicial districts, with each district having a judge that is skilled in asbestos litigation. Asbestos litigation is continuing to garner attention throughout the country. For example in 2021, Massachusetts sued four companies over how asbestos was removed and stored in the former YMCA building. A plaintiff was awarded an $8 million mesothelioma award after being exposed asbestos while drilling holes in bowling balls in a bowling lane. Asbestos-related lawsuits started to rise in the 1970s, after research studies showed that asbestos was linked to serious health issues, such as mesothelioma. Asbestos lawsuits have since grown to become the largest mass torts in American history. Many of these cases have been resolved by settlements or trial verdicts in favor of families and victims. Contact an attorney If you have an asbestos-related illness an experienced lawyer can assist you in obtaining financial compensation. Compensation may pay for lost wages, medical costs and home care expenses, funeral and burial costs in the event that a loved one died due to an asbestos-related disease, as well as pain and suffering. A lawsuit could bring negligent asbestos producers to account for their actions which often led to serious injuries to their employees. Asbestos claims require a thorough investigation into multiple companies that made 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 of each option in light of your specific circumstances. The asbestos litigation initially was primarily focused on shipyard workers, including those who built ships during World War II. Later the cases were broadened to include people working in power plants, oil refineries and railroads. In the 1970s a new wave of asbestos-related illnesses emerged and the litigation further diversified. Jersey City asbestos lawsuit can look over the mesothelioma diagnosis, work history, and exposure history in order to determine if your case meets the requirements of the New York City Asbestos Litigation. They will assess your eligibility to file a trial or settlement based on the facts of your situation. If you've been diagnosed with a mesothelioma, or any other asbestos-related illness it is essential to speak with an attorney as soon as possible. You should act fast as the majority of states have statutes of limitations that begin to tick from the moment you get your diagnosis. If you wish to seek compensation for the loss of a loved one diagnosed with asbestos-related diseases or mesothelioma. You need to file a lawsuit within the time limit. You can bring a lawsuit to ensure that negligent asbestos manufacturers are held accountable for the condition you've suffered. They can help you to gather the necessary evidence and respond to requests for discovery and prepare for your deposition. They can also evaluate whether trust funds are available and help you with claiming those funds.