What Is Asbestos?
Asbestos is one of six naturally occurring minerals that is comprised of heat-resistant fibers. Because of its durability and resistance to not just heat but also, electricity and corrosion, builders and manufacturers found several uses for the material. As a result, it was used in thousands of U.S.-manufactured products and in the construction of homes. Unfortunately, it was discovered too late that asbestos exposure is highly toxic.
There is no safe amount of asbestos exposure. When a person inhales or ingests the dust from the material, the fibers become permanently trapped in the body. Over several years — in many cases, decades — these trapped fibers cause inflammation, scarring and eventual genetic damage.
Many exposed parties develop cancer and other health conditions. Though rare, some individuals develop mesothelioma, a type of cancer that is almost exclusively caused by asbestos.
How Does Asbestos Exposure Occur?
In 1989, the United States Environmental Protection Agency banned the manufacture, processing, import and distribution of certain asbestos-containing products. It also banned all new uses of asbestos. Despite these bans, asbestos remains in products and buildings, and exposure continues to occur — though, at much lower rates than before.
When it does occur, it is often in workplace settings in high-risk industries. Today, approximately 1.3 million workers in the following occupations remain at risk of asbestos exposure:
- Automotive repair
- Firefighting
- Construction
- Renovation and demolition
- Building and equipment maintenance
- Oilfield brake block repair
- Mining
- Shipbuilding
- Military service
- Electricity generation
Though a degree of risk remains in many of these occupations, employers have a legal obligation to reduce workers’ risk by abiding by the strict regulations set forth by the EPA. If employers fail to take appropriate measures and a worker develops mesothelioma, that worker or his or her family may have an asbestos-mesothelioma claim.
Filing an Asbestos-Mesothelioma Claim
Most mesothelioma diagnoses of today only happen because of employers who negligently allowed their workers to operate in conditions in which exposure was likely. Despite this, filing a mesothelioma claim and pursuing it to its success is a difficult and lengthy process. A lot goes into a successful mesothelioma case, including medical records, investigations into work conditions, a review of employers’ regulations and inquiries into other possible exposure risks.
Understandably, the thought of gathering the necessary documentation and putting together a successful claim on your own may feel overwhelming. Fortunately, you do not have to build your case by yourself.
An experienced asbestos-mesothelioma attorney can handle every aspect of your claim on your behalf, beginning with the actual filing of it. He or she can also guide you through the legal process and take steps to minimize its impact on your life while maximizing its potential value.
Types of Asbestos Lawsuits
When filing your claim, it is important that you file the right type of claim. When it comes to asbestos-mesothelioma lawsuits, there are three types of actions you may pursue.
Primary Asbestos Exposure
You would file a primary asbestos exposure claim if you fell ill because of direct exposure to asbestos in the workplace or some other environment.
Secondary Asbestos Exposure
Secondary asbestos exposure can and has caused mesothelioma in the past. Secondary exposure occurs when, say, an individual brings asbestos fibers home on his or her work clothes. At home, the lightweight fibers can float into the environment, where a spouse or a child may breathe them in.
Wrongful Death
If a loved one passed away before he or she had a chance to pursue a mesothelioma claim on his or her own, you may wish to still hold the at-fault party accountable.
The good news is you can, via a wrongful death lawsuit. Wrongful death lawsuits tend to be more complex than personal injury claims, as they come with more stringent filing rules. A wrongful death lawyer can inform you of those rules and ensure you do what is necessary to recover full and fair compensation.
Types of Damages You Can Collect Via a Mesothelioma Lawsuit
Mesothelioma can take a huge toll on the finances and quality of life of both the diagnosed individual and his or her family. If you or a loved one lives with mesothelioma, you know this all too well, and you may wonder what type of damages you may recover via a lawsuit. Though those vary from case to case, the most common types of damages awarded to claimants are as follows:
- Medical expenses
- Lost wages
- Loss of future income
- Caregiver/facility costs
- Physical therapy costs
- Travel costs associated with treatment
- Psychological counseling
- Funeral expenses
You and your loved ones may also pursue a claim for emotional damages, loss of parental guidance, loss of consortium and other non-economic losses.
Use Billy To Find an Asbestos-Mesothelioma Attorney Near You
The attorney you hire to handle your mesothelioma claim can make a world of difference in the outcome. To find a lawyer who has experience with these types of claims and who will aggressively pursue justice on your behalf, use Billy. Find the quality professional legal services you need and deserve through our expansive network today. Billy.com can help you find a great lawyer, no matter if it’s a consumer law attorney or a business law attorney, we’ve got you covered.
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