How To - Sue For Asbestos Exposure

How To - Sue For Asbestos Exposure

Asbestos has been shown to cause a form of cancer called Mesothelioma and this has produced many lawsuits against manufacturers and users of asbestos. These lawsuits are personal injury lawsuits, unless the plaintiff dies, in which case they usually become wrongful death lawsuits. They are complex class action lawsuits, often involving a large number of defendants and are handled by law firms which specialize in asbestos litigation.

Mesothelioma lawyers work on a "contingency" basis - which means you don't pay any legal fees unless they win a settlement for you.

Asbestos Lawsuit FAQ
"I was exposed to asbestos over 25 years ago but only recently developed symptoms. Can I still sue?"
Yes. The litigation clock starts ticking from the date of your diagnosis, not from the date of your exposure.

"Is it expensive to hire a top asbestos law firm?"
No. It costs nothing. You only pay legal fees if your lawyer wins your case."

"What do I need in order to file a lawsuit?"
There are specific requirements.

What is Asbestos?
Asbestos is a set of 6 naturally occurring silicate minerals and has been mined for over 4,000 years. The world's biggest asbestos mine was near the town of Asbestos in Quebec Canada - and this was shut down by the Canadian Government in 2012. Asbestos has been used in a large number of applications including: fire retardant coatings, concrete, bricks, pipes and fireplace cement, heat fire and acid resistant gaskets, pipe insulation, ceiling insulation, fireproof drywall, flooring, roofing, lawn furniture, and drywall joint compound.

What is Mesothelioma?
Mesothelioma is a rare form of cancer that develops in the mesothelium, the protective lining that covers many of the internal organs of the body. The most common location for mesothelioma is the pleura (the outer lining of the lungs and internal chest wall), but it can also occur in the peritoneum (the lining of the abdominal cavity), the pericardium (the sac that surrounds the heart), or the tunica vaginalis (a sac that surrounds the testis).

Signs and Symptoms of Mesothelioma
Symptoms or signs of mesothelioma may not appear until 20 to 50 years (or more) after exposure to asbestos. Shortness of breath, cough, and pain in the chest due to an accumulation of fluid in the pleural space (pleural effusion) are often symptoms of pleural mesothelioma.

When was Asbestos Banned?
In 1973, the EPA banned spray-applied surfacing asbestos-containing material for fireproofing/insulating purposes.

In 1975, the EPA banned installation of asbestos pipe insulation and asbestos block insulation on facility components, such as boilers and hot water tanks, if the materials are either pre-formed (molded) and friable or wet-applied and friable after drying.

In 1978, the EPA banned spray-applied surfacing materials for purposes not already banned.

In 1977, the Consumer Product Safety Commission (CPSC) banned the use of asbestos in artificial fireplace embers and wall patching compounds.

In 1989, the EPA issued a final rule under Section 6 of Toxic Substances Control Act (TSCA) banning most asbestos-containing products. But in 1991 this rule was overturned by the Fifth Circuit Court of Appeals. As a result, there are still many asbestos products that are not banned.

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Content written and posted by Ken Abbott