Asbestos Exposure
From the early days of asbestos litigation, Robert E. Sweeney Co., LPA has dedicated itself to representing the victims of asbestos exposure. Those victims include people who worked directly in or around asbestos, as well as their family members, who became ill by washing contaminated work clothes. We have also represented surviving spouses of those who have died from asbestos-related illness. In addition, we have successfully represented building owners who have discovered asbestos on their property, and are now faced with the cost of asbestos abatement. Asbestos has become a worldwide problem, and asbestos-related injury a worldwide epidemic.
Here are the answers to some common questions about asbestos litigation:
What is asbestos? Asbestos is a mineral fiber that has many uses. It is primarily known for its insulating properties, and has been used in pipe covering, gaskets, boards, spray-on coatings, and other common products. It can also be made into a durable, fire-resistant cloth, and has been used in gloves, aprons, and blankets. In addition, asbestos fibers were used to thicken certain cements, linings and industrial coatings. Asbestos comes in several fiber types, including amosite, chrysotile, and crocidolite. All are dangerous.
How are people exposed to asbestos? Asbestos exposure comes in many forms. Steel and foundry workers, insulators, pipefitters, maritime workers, construction workers, and similar “blue collar” trades typically suffer heavy asbestos exposures. Other asbestos exposures occur when workers handle raw asbestos fibers; mixing cement or other industrial linings and coatings. Heavy exposures also result when workers remove old asbestos, such as tearing-out pipe covering, grinding gaskets, and re-packing valve stems. People are sometimes exposed to asbestos in everyday, non-industrial settings, such as office buildings, schools, and hospitals. Family members who wash contaminated work clothes – and children who play near contaminated clothes – have developed asbestos-related diseases. While some diseases, such as asbestosis, require a high dose of asbestos exposure before a disease develops; other diseases, such as lung cancer and mesothelioma, require very little asbestos exposure.
What types of products contain asbestos? Asbestos can be found in many products. The following are just a few uses of asbestos: raw asbestos fiber (cements, industrial linings and coatings); foundry and refractory products (hot tops, sideboards, mold linings); asbestos cloth (gloves, blankets, aprons, and clothing); friction products (automotive and crane brakes and clutches); insulation (pipe covering, gaskets, and spray-on mastics); valve packing; boiler coatings and linings; and paint thickener.
What types of injuries does asbestos cause, and is there a cure? Cancer is the most serious illness caused by asbestos exposure. Asbestos causes a variety of cancers, including mesothelioma and lung cancer. Mesothelioma is a cancer of the lining of the chest cavity, and its primary known cause is asbestos. Doctors have linked asbestos exposure to other cancers, such as esophageal and colorectal cancer. In addition, large quantities of asbestos can cause a chronic scarring of the lung, known as asbestosis. Although it is not a cancer, asbestosis can be very severe. It can cause a decrease in lung function, leading to heart disease, clubbing of the extremities, and even death. There is no cure for asbestosis.
What is a latency period? Some diseases show symptoms right away, while others do not. The victims of asbestos-related diseases such as mesothelioma and asbestosis do not begin to develop symptoms for several years after they are exposed to asbestos. The period between the asbestos exposure and the illness it causes is called a latency period. For most people, inhaled asbestos takes anywhere from five to forty-five years to cause disease. This window of time is important when trying to determine which jobsites, or which products, caused the disease. It is important to note that this latency period is only an average; scientists have determined that people can develop an asbestos-related illness earlier than five years and later than forty-five years after exposure to asbestos.
If I smoked, can I still bring a claim for an asbestos-related injury? Yes. Although you should not smoke, and you should quit smoking if you already smoke, tobacco use does not prevent you from making a claim for asbestos-related injuries. Certain diseases, such as mesothelioma and asbestosis, are not caused by smoking. Lung cancer is. However, asbestos and smoking combine to place smokers at a much higher risk of developing cancer, than people who smoke but did not work with or around asbestos. This is known as a “synergistic effect,” and is well-documented in medical journals.
What types of different claims do I have a right to bring for my asbestos-related injury?
If you were injured by asbestos, you may have the right to bring several different types of claims. You can pursue the manufacturers of asbestos products in court. You can file claims against bankrupt asbestos manufacturers. You can also file workers’ compensation claims. These claims can be filed simultaneously; you are not limited to filing only one type of claim. Railroad and maritime workers can file claims for recovery under the Federal Employers’ Liability Act (FELA). All of these claims, however, require you to have an asbestos-related injury before you can file suit.
I found asbestos on my property, and now face the cost of abatement. Do I have a right to sue the asbestos manufacturers to recover my abatement costs? Yes. Robert E. Sweeney Co., LPA has successfully helped property owners recover the cost of asbestos abatement. Asbestos manufacturers knew that their products were dangerous for decades before it became common knowledge, yet hid the information and continued to market their products as safe. Property owners should not be forced to bear the cost of abatement, when the asbestos manufacturers made a profit at their expense.
For further information, please visit the “Mesothelioma” portion of our website.