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Frequently Asked Questions: Asbestos
Frequently Asked Questions: Personal Injury
Article: Asbestos
Between 1940 and 1979, asbestos was commonly used in insulation and other building materials. » More …
Several types of injuries can result from exposure to dangerous levels of asbestos. Asbestosis is a non-cancerous but progressive injury that occurs when asbestos fibers are inhaled, causing scarring on the lower lobes of the lungs. The scar tissue prevents full and proper functioning of the lungs, and can get worse -- leading to disability and even death -- if not properly monitored and treated. There is no cure for asbestosis.
Mesothelioma is a painful, aggressive disease in which the cells of the membrane that protects many of the body’s organs become abnormal and start dividing uncontrollably. This cancer often starts in the lining of the lungs, but it is difficult to control and can metastasize to other areas of the body quickly. Because Mesothelioma often remains dormant for many years, by the time it is diagnosed, the individual usually has a very poor prognosis -- typically less than a year to live.
Asbestos is a known human carcinogen, and its exposure has also been linked to cancer of the lung, throat, esophagus, colon, kidney, larynx, gall bladder, and pancreas. In fact, people who have been exposed to asbestos are seven times more likely to develop lung cancer than those not exposed.
Anyone who was regularly exposed to asbestos has the risk of developing an asbestos injury. Of primary concern, are people who worked in the factory, railroad, mining, automotive, building and shipyard industries prior to 1980. Workers in plumbing, steel, insulation and electrical industries likely inhaled asbestos fibers. And because those workers brought home those fibers on their clothes and shoes, their family members are at risk as well.
Plaintiffs in asbestos cases are people who have suffered some injury as the result of asbestos exposure, and sometimes their loved ones as well (if there is a loss of consortium claim, for example). If the victim of asbestos exposure has passed away, the plaintiffs are usually his or her family members.
Defendants can include any and all parties who might be responsible for the asbestos exposure, including employers, asbestos manufacturers, asbestos sellers, asbestos installers, landlords, and more. In some notable cases, plaintiffs have included dozens of defendants, any or all of whom may be responsible for the exposure. It is important to include all potentially liable parties, because some asbestos companies declared bankruptcy after asbestos litigation became more prevalent. A good asbestos attorney will thoroughly investigate your case and find all potential defendants in order to maximize your ability to recover full compensation for your injury.
Yes. Asbestos alone can cause lung cancer. If you smoke now or smoked in the past, and you have been diagnosed with lung cancer, asbestos may also be a cause of your lung cancer. The combination of asbestos and tobacco significantly increase your risk of developing lung cancer.
Note that only asbestos, not smoking, causes asbestosis and Mesothelioma. If you have been diagnosed with either asbestosis or Mesothelioma, it was caused by asbestos, not by your smoking.
Immediately. Once you are diagnosed with an asbestos injury in California, you may only have one year from the date of that diagnosis to file a lawsuit, and you need to give your asbestos attorney time to properly investigate your claim so that it maximizes your chances of full compensation.
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