Sunday, 17 April 2016

ASBESTOS ATTORNEY



The word Asbestos comes from Greek, meaning “not flammable”. It refers to the fibrous form of several minerals and hydrous silicates of magnesium. Like other fibers, asbestos can be molded or woven into fabrics to make fireproof products such as safety clothing for fire fighters and insulation products such as hot-water piping.
California, Vermont, and Arizona are the leading asbestos-producers in the United States, most commonly through open-pit mining. About 6 percent of the mined ore contains usable fibers, which are separated from the ore by crushing, air suction, and vibrating screens. These fibers are sorted into different lengths, or grades to be used in fabrics, building-construction materials, textiles, missile and jet parts, asphalt and caulking compounds and paints, brake linings or molded goods, such as pipes and gaskets.
Today, it seems sadly ironic that the Romans made cremation cloths from it. Due to the nation's need for the special qualities that asbestos possesses, the roster of those at risk for asbestos exposure reads like a Who's Who of American Trades and Unions:
Auto and Truck Brake & Clutch Mechanics
Boilermakers
Carpenters & Joiners
Electricians
Heat & Frost Insulators & Asbestos Workers
Insulators
Ironworkers
Laborers
Masons & Bricklayers
Metal Refining Operations
Millwrights
Operating Engineers
Painters & Plasterers
Plumbing & Heating Contractors
Roofers
Sheetmetal Workers
Shipfitters
Steamfitters
Tilesetters
Workers in Foundries, and Steel Mills
Besides the construction workers involved in new construction or working near new construction prior to the 1970's, workers today are at risk in the renovation of older buildings. Mechanical systems, piping, duct work and equipment, were assembled and sealed with asbestos products. Asbestos sprays were used for fireproofing and sound proofing of decking and structural steel. Walls, roofing, electrical wiring and flooring contained asbestos components through the 1970's and, in some cases, even later.
"Asbestos related diseases" is the phrase used in medicine for the damage, pain and suffering caused by inhaling these deadly, generally microscopic fibrous slivers of mineral. Exposure can cause two different types of illnesses: malignant diseases (cancers in organs which have come into contact with ingested asbestos); and non-malignant diseases (scarring processes of organs which have come into contact with ingested asbestos). Scar tissue is a protective mechanism of the body. Cells collect around these tiny foreign bodies and try to seal them off. Unfortunately, scar tissue cells do not have all the properties of normal healthy cells. As they increase, body function decreases. Lung scar tissue has no elasticity and becomes unable to exchange oxygen cells. It becomes increasingly difficult to take a breath. Pleural plaques usually begin as very small areas of scarring but can grow and harden over time.
Asbestosis: Sometimes called pleural asbestosis, asbestos-related pleural disease, pleural plaques, pleural thickening, or pulmonary asbestosis, this is one of the most common of the asbestos related diseases. Actually scarring of the lining of the lung caused by asbestos exposure. It is untreatable and incurable. It may progress to a more severe condition, depending on other health factors of the victim.
Atelectasis: Pleural scarring causing a portion of the lung to fold onto itself. Inhalation can become extremely painful.
Cancer of the respiratory or gastro-intestinal tract: Asbestos may come in contact with the esophagus, larynx, stomach, colon and rectum. Airborne asbestos particles may be inhaled through the nose and mouth.
Lung Cancer: The Risk of death from lung cancer (also known as bronchogenic carcinoma) caused by asbestos exposure is 50 to 90 times higher for smokers who were exposed to asbestos. Non-smoking victims of exposure to asbestos died at a rate of 5 times greater than the general population. All lung cancer cell types such as adenocarcinoma, bronchoalveolar, small cell, large cell, oat cell and squamous cell carcinoma, can be caused by asbestos.Malignant mesothelioma: Even low exposures to asbestos can lead to the development of malignant mesothelioma, an inoperable cancer of the chest and abdominal lining. Carcinogens (cancer causing agents) are normally shown to be more dangerous as length or dosage of exposure increases.
Lung cancer or cancers of the respiratory or gastro-intestinal tract may be asbestos-related regardless of whether a person is also diagnosed with asbestosis or asbestos-related pleural disease.
In the past, the standard diagnostic procedures for asbestos related disease was through x-rays. Today, we are fortunate to have two newer procedures: low-dose spiral computed tomography and high resolution computed tomography (HRCT) - both of which are based on computer tomography (CT). that provide earlier detection. Earlier detection has increased not only survival rates, but also cure rates.
There are two things that you can do if exposed to asbestos.
Contact a physician to evaluate your risk of developing an asbestos-related disease, and to document your exposure to asbestos. Examination is painless. Delay in diagnosis and treatment can be fatal.
Contact a personal injury attorney who can counsel you in this complex legal situation. Your situation must be evaluated carefully in order to protect your rights fully. The law has established deadlines for filing claims or lawsuits for an asbestos-related disease. They are strict, and the clock begins ticking as soon as you are aware of the exposure. Several areas of personal injury law may apply to your case, such as:
Product Liability: Your exposure to asbestos may have been due to a faulty or defective product such as brake linings or asbestos lined gloves. Your asbestos attorney can evaluate your legal rights and advise you of possible compensation.
Professional Malpractice: Medical malpractice or negligence, leading to delay in treatment, incorrect treatment or missed diagnosis can be especially lethal in an asbestos related disease. Your lawyer can protect your rights and represent your interests.
Workers Compensation: Your asbestos exposure may have been job-related or happened on the job. Even though the company that you worked with when exposed to asbestos has filed for bankruptcy or has been bought by another company, you may still be entitled to compensation. Many of these laws are special federal laws relating to asbestos.
Wrongful death: Your family member may have died from an asbestos-related disease. Seek legal counsel before the statute of limitations becomes an issue.
Special Note: Prior to accepting an insurance settlement in a case of asbestos exposure or disease, it is wise to speak with a personal injury lawyer to evaluate your situation and to ensure that your interests are protected. Most personal injury attorneys provide free initial consultations and most will only be paid if you win your case and receive a judgment. Most often, personal injury attorneys will receive a percentage of the settlement awarded to you. Legal advice can save you time, trouble and money and can insure that you are treated fairly.

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