Asbestos Exposure and Health Risks
Asbestos is a naturally occurring mineral that was used in industry and office and residential construction in the 20th century and is responsible for many types of cancer. Exposure to asbestos can lead to fibers nesting inside the lungs and over time can cause serious illness and increased risk for diseases such as lung cancer, including the worst variety, mesothelioma.
While asbestos exposure typically happens on a job site, secondary exposure can occur at home when fibers are released from clothing and can affect anyone within the household.
Asbestos Exposure Legal Claims
Over $30 billion has been set aside in trust funds by industries that posed a risk of asbestos exposure. Lawsuits have been going on for over 40 years and continue due to the long latency period (from the time of exposure to the time of diagnosis can be a minimum of 10 years and as long as 40 years).
Two types of asbestos and mesothelioma claims can be filed depending on whether an individual is diagnosed with a disease related directly to the exposure or if the filing is on behalf of a loved one that has passed away from a disease based on the exposure to asbestos (typically cancer). Either the patient or their surviving family members can file asbestos claims to gain compensation for expenses, pain and suffering, and much more.
- Personal Injury claims can be filed by an individual who has been diagnosed with mesothelioma either directly exposed or indirectly (for example, the worker bought fibers home and spouse or children were exposed). The person affected by the disease is claiming that compensation is needed for reasons such as:
- Medical expenses incurred during diagnosis and treatment, including any future treatment
- Lost wages or other income, including expected future income
- Pain and suffering experienced because of an asbestos-related disease
- Personal injury claims can be filed wherever the patient resided, worked, or served in the military
- Wrongful Death claims can be filed by the victim’s family after their loved one has passed away. Members can sue to receive compensation related to the loss including:
- Loss of expected income due to the untimely death
- Medical costs incurred during mesothelioma treatment administered before the deceased’s passing
- Funeral expenses
- The specific claims available to family members may vary from state to state. To fully understand your legal options, it’s best to discuss them with an asbestos attorney.
Filing Asbestos Exposure Claim
To receive compensation for an asbestos exposure claim, many details need to be researched and documented to build a case against the entity responsible. For these reasons, it is advisable to hire our Chicago attorney who has a deep understanding of how to perform the research required to support the claim. Our attorney will want to understand household employment history, where the exposure occurred, how the exposure occurred (directly or secondhand), and how the exposure impacted the health of the individual (s) along with quality of life and ability to work/earn current and future income.
Asbestos Exposure Claim Deadlines
Most statutes of limitations for filing an asbestos exposure claim fall within one or two years based on the state. It’s important to note that options exist for which state the claim can be filed, for example, the state where the victim lives vs the state where the exposure occurred.
- Personal Injury Statute of Limitations: Due to the long latency period (time of exposure to the time symptoms/diagnosis) which can be a minimum of 10 years, lawsuit statute of limitations doesn’t begin until after the proper diagnosis is made.
- Wrongful Death Statute of Limitations: For surviving family members of a victim who had exposure and ultimately who did as a result of the exposure, a separate statute of limitations exists for filing a claim. The timeline for a wrongful death claim starts after the passing of the victim with the majority of states having a two-year deadline and some states allowing three years to file the claim.
Claim Filing State
In general, the state in which you file your claim can be based on residency, job site, or location of the actual company that caused the exposure. For U.S. claims, a U.S. lawyer must be used.
History of Asbestos
Asbestos has become popular as a building material and as a fiber for the production of fireproof clothing. In the history of asbestos exploitation, its fibers became a popular insulation material in 1860 in the United States and Canada. Beginning in 1878, when the first asbestos mine appeared in North America, many of them appeared around the world. In the twentieth century, many products were made of asbestos, including but not limited to the following:
- Coffins
- Fireproof coatings
- Concrete
- Bricks
- tubing
- Cement
- Pipe insulation
- Fireproof drywall
- Floor panels
- Roof coverings
- Filling compound
Although asbestos is known as a human carcinogen, it is legally marketed in many countries around the world. The greatest use of asbestos took place from the late 1930s to the late 1970s, but the effects of its use, then and now, still expose many families to danger. A historical record of an asbestos-related death occurred in 1924.
British Nellie Kershaw developed asbestosis, which the woman subsequently died of. Although the links between asbestos and fatal diseases were definitively confirmed in the early 1930s, it was still widely used. Members of the United States Navy often had contact with asbestos during the construction of ships for World War II. The largest producers, like Johns-Manville, continued to use this mineral, despite the known harmful effects.
When claims for compensation for the harmful effects of asbestos began to increase in the early 1970s, the use of asbestos began to gradually decline, but asbestos still existed in thousands of everyday products. In 1991, some asbestos products were banned in the U.S., but asbestos was still allowed. The World Health Organization (WHO) officially recognized mesothelioma as asbestos in 1994. Despite this, asbestos has still not been banned in the United States and is still in use.
There is no level of safe contact with asbestos. Contact with asbestos is a leading cause of malignant mesothelioma. the use of asbestos gradually began to decline, but asbestos still existed in thousands of everyday products. In 1991, some asbestos products were banned in the US, but asbestos was still allowed. The World Health Organization (WHO) officially recognized mesothelioma as asbestos in 1994. Despite this, asbestos has still not been banned in the United States and is still in use. There is no level of safe contact with asbestos.
Contact with asbestos is a leading cause of malignant mesothelioma. the use of asbestos gradually began to decline, but asbestos still existed in thousands of everyday products. In 1991, some asbestos products were banned in the US, but asbestos was still allowed. The World Health Organization (WHO) officially recognized mesothelioma as asbestos in 1994. Despite this, asbestos has still not been banned in the United States and is still in use. There is no level of safe contact with asbestos.
Contact with asbestos is a leading cause of malignant mesothelioma. The World Health Organization (WHO) officially recognized mesothelioma as asbestos in 1994. Despite this, asbestos has still not been banned in the United States and is still in use. There is no level of safe contact with asbestos. Contact with asbestos is a leading cause of malignant mesothelioma. The World Health Organization (WHO) officially recognized mesothelioma as asbestos in 1994. Despite this, asbestos has still not been banned in the United States and is still in use. There is no level of safe contact with asbestos. Contact with asbestos is a leading cause of malignant mesothelioma.
Asbestos Claims Attorney
For more than 25 years, Peter Wachowski has been fighting for the rights of individuals and going against big companies to get his clients due justice and full compensation for injuries as a result of product defects.
Contact us today to get started with a free and confidential case assessment by calling 866-699-3339 or complete the case request form.