Health Risks Associated With Asbestos Exposure
Exposure to asbestos can lead to serious, life-threatening health conditions, especially when the fibers are inhaled or ingested.
Once inside the body, these tiny asbestos fibers can become trapped in the lungs or other tissues, causing inflammation, scarring, and the development of certain cancers.
The most notable diseases linked to asbestos exposure are asbestosis, mesothelioma, and various forms of cancer.
These conditions often take years or even decades to develop after initial exposure, making early detection challenging.
Asbestosis
Asbestosis is a chronic lung disease caused by inhaling asbestos fibers, which leads to lung tissue scarring.
Over time, the scarring restricts breathing and reduces oxygen intake, causing symptoms such as shortness of breath, persistent cough, and chest pain.
People who develop asbestosis typically have a history of prolonged asbestos exposure, often through their occupation.
There is no cure for asbestosis — because of this, treatment generally focuses on managing symptoms and preventing further damage to the lungs.
Mesothelioma
Mesothelioma is an uncommon and aggressive cancer that mainly impacts the lining of the lungs (pleura), though it can also occur in the abdominal or heart lining.
This cancer is strongly linked to asbestos exposure, and unlike asbestosis, it can develop even with brief exposure to asbestos fibers.
Mesothelioma has a long latency period, meaning symptoms may not appear until twenty (20) to fifty (50) years after exposure, making early diagnosis difficult.
Causes of Mesothelioma
Mesothelioma is almost exclusively caused by exposure to asbestos, either through direct contact or environmental exposure.
When asbestos fibers are inhaled or swallowed, they can lodge in the lining of the lungs, abdomen, or heart — triggering inflammation and genetic changes that lead to cancerous growths.
Even minimal exposure to asbestos may increase the risk of developing mesothelioma — putting individuals working in industries like construction, shipbuilding, or manufacturing at a higher risk than others.
Symptoms of Mesothelioma
The symptoms of mesothelioma often resemble those of other respiratory conditions, which can make diagnosis challenging.
Symptoms of Mesothelioma typically include, but are not limited to:
- Shortness of breath;
- Chest or abdominal pain;
- Persistent cough;
- Unexplained weight loss;
- Fatigue; and
- Other adverse health effects
These symptoms usually develop gradually and worsen over time as the disease progresses.
Early detection of these symptoms is extremely important, but the long latency period often means the disease is diagnosed in its advanced stages.
Mesothelioma Treatment Options
Treatment for mesothelioma depends on the stage of the disease and the patient’s overall health.
Mesothelioma treatment options commonly include, but are not limited to:
- Surgery to remove cancerous tissue
- Chemotherapy to target and kill cancer cells
- Radiation therapy to reduce tumor size and alleviate symptoms
- Immunotherapy boosts the body’s natural defenses against cancer
While these treatments can help control the disease and improve quality of life, mesothelioma is typically resistant to treatment, and complete remission is rare.
Life Expectancy of a Mesothelioma Patient
The life expectancy of a mesothelioma patient varies depending on the stage of diagnosis and the individual’s overall health.
The average life expectancy after diagnosis is typically between 12 and 21 months.
However, some patients may live longer with early detection and aggressive treatment.
Palliative care options are also available to help manage symptoms and improve the patient’s comfort throughout their illness.
Forms of Cancer Associated with Exposure to Asbestos Fibers & Asbestos Materials
In addition to mesothelioma, asbestos exposure has been linked to several other types of cancer.
Asbestos fibers can cause genetic damage and inflammation in different tissues, increasing the risk of various cancers.
Among the most prominent asbestos-related cancers are lung cancer and ovarian cancer — both of which can be deadly when not detected early.
Lung Cancer
Lung cancer caused by asbestos exposure develops when inhaled asbestos fibers become lodged in the lungs, leading to inflammation and cellular mutations.
Asbestos-related lung cancer symptoms typically develop fifteen (15) to thirty-five (35) years after exposure occurs.
Symptoms related to lung cancer may include, but are not limited to:
- Chronic cough;
- Chest pain;
- Shortness of breath;
- Unexplained weight loss; and
- Other severe health conditions.
Smoking dramatically increases the risk of developing lung cancer in individuals exposed to asbestos.
Treatment options may include surgery, chemotherapy, and radiation, depending on the cancer’s stage at diagnosis.
Ovarian Cancer
Research has shown that asbestos fibers may also increase the risk of ovarian cancer.
When asbestos fibers are ingested or come into contact with the reproductive organs, they can trigger inflammation that may lead to cancerous growth.
Women who are exposed to asbestos through contaminated products (such as talcum powder) or in occupational settings are at higher risk for ovarian cancer.
Symptoms often include abdominal bloating, pain, and changes in bowel or bladder habits — however, these symptoms are usually nonspecific and can lead to delayed diagnosis.
Treatment typically involves surgery, chemotherapy, and targeted therapies.
Other Asbestos-Related Diseases
Beyond cancer, asbestos exposure has been associated with other severe health conditions.
These diseases are often chronic and progressive, with no cure available.
If exposure is prolonged, the risk of developing these conditions dramatically increases.
Common non-cancerous asbestos-related diseases include:
- Pleural Plaques: Thickened areas of scar tissue on the pleura (lung lining) that can impair breathing.
- Pleural Effusion: A buildup of fluid between the lungs and chest wall that can cause chest pain and difficulty breathing.
- Diffuse Pleural Thickening: Extensive scarring of the pleura, which can lead to reduced lung function.
- Chronic Obstructive Pulmonary Disease (COPD): Asbestos exposure can worsen COPD symptoms and contribute to the disease’s progression.
While these conditions are non-cancerous, they can severely impact the quality of life, often leading to breathing difficulties and a need for long-term medical care.
Managing these diseases typically involves symptom control through medication, oxygen therapy, or in severe cases, surgery to remove damaged lung tissue.
If you or a loved one has been diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases, you may be eligible for compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation that will determine if you qualify to join others in filing an asbestos exposure lawsuit today.
Common Sources of Asbestos Exposure
Asbestos exposure can occur through various sources, ranging from occupational settings to environmental factors.
Recognizing these sources is important for prevention and legal considerations.
Occupational Asbestos Exposure
Occupational asbestos exposure is one of the most common ways individuals come into contact with asbestos fibers.
Workers in industries such as construction, shipbuilding, manufacturing, and automotive repair are at high risk of inhaling or ingesting asbestos particles.
Tradespeople such as electricians, plumbers, and mechanics are also frequently exposed when dealing with older buildings or equipment that contain asbestos materials.
Even though asbestos regulations have reduced the risk in many workplaces, improper handling or removal of asbestos-containing materials (ACMs) continues to pose severe health risks for workers.
The risk increases with the length and intensity of exposure, making long-term industrial workers especially vulnerable.
Environmental Asbestos Exposure
Environmental asbestos exposure occurs when asbestos fibers are released into the air from natural deposits or human activities, such as mining, construction, or demolition.
In areas where asbestos is naturally found in soil or rocks (such as parts of California), residents can unknowingly inhale asbestos dust that becomes airborne.
In addition, older buildings with asbestos insulation or roofing materials may release asbestos fibers into the environment when they degrade over time.
Although environmental exposure generally involves lower concentrations of asbestos than occupational exposure, it still poses severe health risks, particularly for those living near asbestos mines or factories.
Companies Linked to Asbestos Exposure
Many companies have historically used asbestos in their products or operations, which has led to widespread exposure and resulting health issues.
Companies involved in industries such as construction, shipbuilding, and automotive manufacturing frequently relied on asbestos for its heat resistance and insulating properties.
Notable companies linked to asbestos exposure include:
Products Containing Asbestos
Asbestos was widely used in various products due to its durability, heat resistance, and insulating properties.
Though its use has declined exponentially, some asbestos-containing materials can still be found today, especially in older buildings and machinery.
These products can still pose a risk if they are disturbed or damaged during renovations, repairs, or demolition.
Common products that historically contained asbestos include, but are not limited to:
- Insulation Materials: Used in pipes, boilers, and attics.
- Flooring Tiles and Adhesives: Asbestos was a common additive in vinyl and linoleum flooring.
- Roofing Shingles and Siding: Many homes built before the 1980s still have asbestos-containing roofing and siding.
- Automotive Parts: Brake pads, clutches, and gaskets often contain asbestos to withstand high heat.
- Cement Products: Asbestos cement pipes and sheeting were used for water and sewage systems.
Secondary Exposure (Para-Occupational Exposure to Asbestos)
Secondary asbestos exposure (also known as para-occupational exposure) occurs when individuals are exposed to asbestos indirectly through contact with contaminated clothing, tools, or other materials brought home by workers.
Family members of workers in asbestos-related industries, such as spouses or children, are particularly vulnerable to this form of exposure.
Although secondary exposure is less intense than direct occupational exposure, it has still been linked to severe asbestos-related diseases, including mesothelioma.
Many cases of secondary asbestos exposure date back to a time when workers were unaware of the dangers of asbestos and did not take protective measures.
If you or a loved one has been diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases, you may be eligible for compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation that will determine if you qualify to join others in filing an asbestos exposure lawsuit today.
Asbestos Regulations & Laws
Asbestos regulations and laws in the U.S. have evolved as the severe health risks associated with asbestos exposure have become widely recognized.
These regulations are enforced at both the federal and state levels to protect workers, consumers, and the public from asbestos exposure.
Despite the extensive efforts to regulate asbestos, it has not been entirely banned in the United States.
Federal Regulations
Multiple federal agencies are responsible for regulating asbestos use and exposure to safeguard public health.
These federal regulations play an important role in minimizing the risks of asbestos exposure in schools, workplaces, and communities across the country.
Two (2) of the primary agencies enforcing these regulations are:
- Environmental Protection Agency (EPA): The EPA enforces the Asbestos Hazard Emergency Response Act (AHERA) for schools and administers the Clean Air Act (CAA), including NESHAP standards to control asbestos emissions during demolition and renovation.
- Occupational Safety and Health Administration (OSHA): OSHA sets and enforces standards to protect workers from asbestos exposure in general industry, construction, and shipyards, requiring monitoring, training, and protective equipment.
State-Specific Asbestos Laws
In addition to federal regulations, many states have enacted asbestos laws to regulate exposure and promote the safe handling of asbestos-containing materials.
These state-specific laws often address asbestos abatement, licensing, and certification for contractors working with asbestos, as well as additional reporting and monitoring requirements.
States may also impose additional penalties for violations of asbestos regulations, and in some cases, state laws provide more stringent protections than federal regulations.
For example, here are a few states that have enacted asbestos laws of their own:
- California: California enforces strict asbestos regulations through its Air Resources Board (CARB) by requiring licensed contractors for asbestos handling and removal in public and private buildings.
- New York: New York State’s Department of Labor regulates asbestos abatement projects by mandating prior notification and detailed licensing for inspectors and abatement professionals.
- Texas: The Texas Department of State Health Services regulates asbestos inspection, management, and abatement in public buildings and schools.
Asbestos Ban Status in the US
Although asbestos is highly regulated, it has not been entirely banned in the United States.
Unlike many other countries that have instituted complete bans on asbestos, the U.S. has only banned specific asbestos-containing products and severely restricted its use.
In 1989, the EPA issued a partial ban under the Toxic Substances Control Act (TSCA) — prohibiting the manufacture, importation, and sale of several asbestos products (including flooring felt, commercial paper, and corrugated paper).
However, a court ruling in 1991 overturned the ban, allowing the continued use of asbestos in some products under strict regulation.
Today, asbestos is still permitted in limited applications (such as specific gaskets, roofing materials, and friction products), but its use is heavily restricted.
The EPA continues to evaluate asbestos as part of its ongoing risk assessment process under the TSCA, and there is ongoing debate about whether a complete asbestos ban will be implemented in the future.
If you or a loved one has been diagnosed with an asbestos-related illness, you may qualify for compensation.
Contact TruLaw using the chat on this page to explore your eligibility for the asbestos trust fund today.
Asbestos Litigation
Asbestos litigation is one of the most enduring and widespread areas of mass tort law in the United States.
Due to the health risks posed by asbestos exposure, many individuals have filed lawsuits seeking compensation for medical bills, pain, and other damages.
These lawsuits often involve individuals suffering from asbestosis, mesothelioma, and other conditions linked to asbestos.
History of Asbestos Lawsuits
The history of asbestos lawsuits began in the early 20th century when the connection between asbestos exposure and health problems first came to light.
However, asbestos litigation gained momentum in the 1970s when research confirmed the dangers of asbestos — prompting workers and consumers to file lawsuits against manufacturers, employers, and other responsible parties.
A landmark case in asbestos litigation was Borel v. Fibreboard Paper Products Corporation in 1973.
This case was the first to hold a manufacturer liable for asbestos-related injuries, ruling that asbestos companies failed to warn workers of the risks properly.
The decision led to thousands of additional lawsuits and the establishment of asbestos trust funds by companies that filed for bankruptcy due to the volume of claims.
Since then, asbestos litigation has grown to include claims across various industries.
Many victims have obtained compensation through settlements or court rulings, and asbestos-related legal cases continue to be active today.
Types of Asbestos Claims
There are two (2) main types of asbestos claims that individuals or their families may file — personal injury claims and wrongful death claims.
These claims address different legal issues, depending on whether the victim is living or deceased.
Personal Injury Claims
Personal injury claims are filed by individuals diagnosed with an asbestos-related illness, such as mesothelioma, asbestosis, or lung cancer.
In a personal injury lawsuit, the plaintiff must show that their asbestos exposure caused the illness and that the defendant (such as a company or employer) was responsible.
Wrongful Death Claims
Wrongful death claims are brought by the family members or the estate of a person who died due to an asbestos-related illness.
Wrongful death claims may be filed even if the victim did not pursue a personal injury claim before their death.
These lawsuits aim to hold the responsible parties accountable for the victim’s death and seek compensation for:
- Funeral and burial costs
- Loss of income and financial support
- Emotional suffering and loss of companionship
- Medical bills incurred before the victim’s death
- Punitive damages based on negligence
Statute of Limitations for Filing an Asbestos Lawsuit
The statute of limitations for filing an asbestos lawsuit varies depending on the type of claim, the state in which it is filed, and other contributing factors.
For personal injury claims, the statute of limitations typically starts when the individual is diagnosed with an asbestos-related illness rather than at the time of exposure.
This is because asbestos-related conditions often take many years to develop.
For wrongful death claims, the statute of limitations usually begins on the date of the victim’s death.
The time frame for filing a lawsuit differs by state, but it is generally between one (1) to three (3) years from the date of diagnosis or death.
Victims and their families should consult an asbestos attorney promptly to ensure they meet the legal deadlines for filing a claim.
In addition to state laws, federal regulations and claims involving asbestos trust funds may also impact the timeline for filing a lawsuit.
As mentioned above, the Statute of Limitations for your case can vary depending on various factors.
For this reason, it’s best to discuss the specifics of your case with an attorney who can give you a more accurate idea of how the Statute of Limitations will apply to your case.
You can do so by using the chat on this page to quickly find out if your case qualifies within the Statute of Limitations and be connected with an attorney.
Contact TruLaw using the chat on this page to receive an instant case evaluation that will determine if you qualify to join others in filing an asbestos exposure lawsuit today.
Compensation for Asbestos Victims
Asbestos exposure can cause serious, life-threatening diseases, including mesothelioma, lung cancer, and asbestosis.
For those affected, there are legal avenues to pursue compensation for the harm caused by asbestos exposure.
Asbestos Trust Funds
Asbestos trust funds were created by companies that produced or used asbestos-containing products to provide compensation to individuals harmed by asbestos exposure.
These companies, often facing overwhelming legal claims, filed for bankruptcy and were required to create trust funds to ensure future victims could still seek compensation.
Filing a claim through an asbestos trust fund can provide a timely way to receive compensation, offering relief to victims who need financial support for medical treatment, lost wages, and other related costs.
Key details about asbestos trust funds include, but are not limited to:
- Qualifying For Compensation: To qualify for compensation from these funds, individuals must provide evidence of exposure to asbestos and a diagnosis of an asbestos-related illness.
- Streamlined Process: Trust fund claims often offer a faster route to compensation than a lawsuit, as many of these funds have established procedures for reviewing claims efficiently.
- Payment Percentages: Compensation from asbestos trust funds is often based on a percentage of the claim’s full value, depending on the fund’s financial health and the number of claims it receives.
Historic Verdicts in Asbestos Trials
Asbestos litigation has resulted in several landmark verdicts that have shaped the legal landscape for mesothelioma and asbestos-related cases.
Here are a few landmark verdicts that have occurred in Asbestos trials over the years:
- Borel v. Fibreboard Paper Products Corporation (1973)
- Amchem Products v. Windsor (1997)
- Merlin Olsen v. Multiple Defendants (2010)
- Pustejovsky v. Rapid-American Corp. (2000)
- Lanzo v. Johnson & Johnson (2018)
Borel v. Fibreboard Paper Products Corporation (1973)
This case is considered the first successful asbestos product liability claim.
Clarence Borel, an industrial insulation worker, sued several asbestos manufacturers.
The U.S. Court of Appeals for the Fifth Circuit upheld a verdict in favor of Borel, establishing that asbestos manufacturers could be held liable for injuries caused by their products.
Amchem Products v. Windsor (1997)
In this case, the U.S. Supreme Court rejected a proposed class-action settlement, ruling that it failed to satisfy the requirements for class certification.
This decision dramatically impacted how asbestos cases are handled, limiting the use of class actions for asbestos claims.
Merlin Olsen v. Multiple Defendants (2010)
Football legend and actor Merlin Olsen received a confidential settlement in his mesothelioma case.
This high-profile case brought public attention to the dangers of asbestos exposure in various occupations.
Pustejovsky v. Rapid-American Corp. (2000)
The Texas Supreme Court ruled that a person who previously received compensation for an asbestos-related disease could pursue additional compensation if later diagnosed with mesothelioma.
This decision set a precedent for allowing multiple lawsuits for different asbestos-related conditions.
Lanzo v.Johnson & Johnson (2018)
A New Jersey jury awarded $117 million to Stephen Lanzo and his wife.
The jury found Johnson & Johnson and Imerys Talc America liable for selling asbestos-contaminated talcum powder products, which led to Lanzo’s mesothelioma diagnosis.
These verdicts have played important roles in establishing liability, shaping legal procedures, and securing compensation for asbestos victims.
They continue to influence current asbestos litigation and set precedents for future cases.
It is important to note that past verdicts and settlements are not a guarantee of future results, as the outcome of each case depends on various factors, such as the extent of the exposure, the companies involved, and the jurisdiction in which the case is filed.
Average Settlement Amounts in Asbestos Lawsuits
For those pursuing legal action, many asbestos-related claims are resolved through settlements before trial.
Settlements provide victims with a less time-consuming alternative to trials while still offering substantial compensation for their injuries.
This compensation helps cover medical expenses, lost income, and pain and suffering caused by asbestos exposure.
Although the amounts can vary widely, the average settlement for an asbestos lawsuit can range from $1 million to $1.4 million.
Factors that can influence average settlement amounts in asbestos lawsuits include, but are not limited to:
- Extent Of Illness: The severity of the illness, such as whether the victim has mesothelioma or asbestosis, directly impacts the settlement amount.
- Duration And Intensity Of Exposure: Individuals exposed to asbestos over a long period or in high concentrations may receive higher settlements.
- Defendant’s Financial Resources: The company’s ability to pay and the number of claims it faces can also affect the settlement amount.
- Legal Representation: Experienced asbestos attorneys play a key role in negotiating higher settlements on behalf of their clients.
It’s important to note that the settlement amounts discussed above are strictly to give affected individuals a general idea of what these settlement values typically average when claims are successful.
These estimates should not be taken as a guarantee, and actual settlement amounts in successful asbestos claims may vary substantially based on a wide variety of factors.
If you are considering filing an asbestos lawsuit, it is important to consult a legal professional.
Use the chat on this page to receive an instant case evaluation to learn more about potential asbestos settlement amounts and how TruLaw can assist you in pursuing compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation that will determine if you qualify to join others in filing an asbestos exposure lawsuit today.
Proving Asbestos Exposure in Legal Cases
For victims of asbestos-related illnesses seeking compensation, proving that asbestos exposure directly caused their condition is a key step in the legal process.
The burden of proof falls on the plaintiff to show a connection between their illness and exposure to asbestos, often occurring many years prior.
Types of Evidence For Your Asbestos Claim
To successfully prove asbestos exposure in a legal case, certain types of evidence can establish a clear link between asbestos and your illness.
Types of evidence that can strengthen your asbestos exposure claim include, but are not limited to:
- Employment Records: These documents show where you worked and can help identify if your job involved handling or being exposed to asbestos-containing materials.
- Product Identification: Demonstrating that you came into contact with specific asbestos-containing products can strengthen your case. This can include old purchase records, catalogs, or company documents.
- Witness Testimony: Co-workers, supervisors, or others who can testify about working conditions, safety protocols, or asbestos exposure can play a key role in your claim.
- Medical Records: Your diagnosis of an asbestos-related illness such as mesothelioma, lung cancer, or asbestosis is a foundational piece of evidence for your claim.
- Expert Testimony: Medical experts and occupational health professionals can testify on how asbestos exposure likely caused your condition and the long-term effects of such exposure.
- Workplace Safety Records: Company safety records, including internal reports, regulations, or violations, can reveal whether asbestos exposure was a known risk and whether proper safety measures were in place.
These types of evidence collectively help demonstrate the circumstances of asbestos exposure and establish that your illness was caused by it — increasing the likelihood of achieving compensation through a settlement or verdict.
If you or a loved one has been diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases, you may be eligible for compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation that will determine if you qualify to join others in filing an asbestos exposure lawsuit today.
Selecting an Asbestos Attorney
The legal challenges in asbestos cases demand a lawyer with specialized experience in this field, a thorough knowledge of the medical and occupational issues involved, and a history of proven success.
To ensure you have the best legal representation, it’s important to evaluate potential attorneys carefully.
Qualities to Look For in an Asbestos Lawyer
When selecting an asbestos attorney, there are certain qualities that are vital for improving your chances of success.
The following qualities are important to look for in an asbestos lawyer, including but not limited to:
- Experience with asbestos cases
- In-depth knowledge of the most up-to-date laws surrounding asbestos
- Access to resources (such as medical professionals or occupational health specialists)
- Strong negotiation skills (as most asbestos cases are settled out of court)
These qualities help ensure that your asbestos lawyer is not only capable of building a strong case but also dedicated to achieving the best outcome for you and your family.
If you’re searching for an experienced asbestos attorney, use the chat on this page for an instant case evaluation to learn how TruLaw can connect you with the right legal expert.
Questions to Ask Potential Attorneys for Your Asbestos Case
When evaluating potential asbestos attorneys, asking the right questions can help you determine if they are the best fit for your case.
Below are key questions you should ask, along with the reasons why each is important:
How much experience do you have handling asbestos cases?
- Ensure the attorney has a solid background in dealing with asbestos claims, including both settlements and trials.
- Their level of experience in asbestos litigation will give you confidence in their ability to handle your case effectively.
What is your track record of success in asbestos cases?
- Ask about previous outcomes, including settlements and verdicts, to assess the attorney’s ability to secure compensation for clients.
- A strong track record of winning cases or obtaining favorable settlements is a good indicator of the lawyer’s capability.
How will you approach my case?
- Learn about their strategy for handling your specific case and whether they plan to pursue a settlement or take it to trial.
- Knowing their approach will help you gauge if their plan aligns with your expectations and the unique circumstances of your claim.
Who will be working on my case?
- Find out if the attorney will personally handle your case or if it will be passed on to another member of the legal team.
- It’s important to know who will be your primary contact and how involved the lead attorney will be in the day-to-day management of your case.
What are your fees, and do you work on a contingency basis?
- The majority of asbestos lawyers operate on a contingency fee basis, which means they are compensated only if your case is successful.
- Clarify their fee structure and any potential costs to determine how much you will owe if your case is successful and whether any upfront fees are required.
How long do you expect my case to take?
- While asbestos cases can be lengthy, knowing the expected timeline will help you plan and manage your expectations.
- Ask for a general timeframe, as this will vary depending on whether the case settles or goes to trial.
Asking these questions will help you assess the attorney’s experience, approach to handling asbestos cases, and whether they are the right fit for your needs.
The answers you receive can factor in to your decision of selecting a lawyer that will represent you the best.
If you are ready to evaluate potential asbestos attorneys, contact TruLaw using the chat on this page for guidance in selecting the right legal expert for your case.
The Legal Process for Asbestos Claims
The legal process for asbestos claims involves several steps, from initial consultation to potential settlement or trial.
An experienced mesothelioma attorney can guide claimants through this process to seek compensation for medical expenses, lost wages, and other damages.
Steps Involved in Filing an Asbestos Lawsuit
Filing an asbestos lawsuit involves a series of important steps that your legal team will guide you through.
The typical process may look something like this:
- A mesothelioma patient or their family members will consult with an experienced asbestos attorney who can evaluate their case and determine the best course of action.
- The attorney will gather evidence, including medical records and work history, to establish a link between asbestos exposure and the resulting illness.
- The attorney will then work to determine possible recovery options.
- Once the case is built, the lawyer will file a claim against the responsible parties, which may include former employers, manufacturers of asbestos-containing products, or asbestos trust funds.
- The case will then continue evolving until there is a resolution through settlement or trial verdict.
It’s worth noting that many cases are resolved through settlements, but if an agreement cannot be reached, the case may proceed to trial.
Timeframe to Resolve Asbestos Litigation
The duration of asbestos litigation can vary depending on several factors.
While some cases may be resolved quickly, others can take longer to reach a conclusion.
Factors affecting the timeline include:
- Type of claim (personal injury, wrongful death, or trust fund claim)
- Jurisdiction and court procedures
- Number of defendants involved
- Willingness of parties to settle
On average, many asbestos claims and lawsuits start to award compensation within 90 days or less.
However, mesothelioma lawsuits may take 12-18 months to fully resolve, while trust fund claims may be processed more quickly.
It’s important to note that each case is unique, and your attorney can provide a more accurate estimate based on the specifics of your situation.
If you or a loved one has been diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases, you may be eligible for compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation that will determine if you qualify to join others in filing an asbestos exposure lawsuit today.
Current Trends in Asbestos Litigation
Asbestos litigation continues to evolve, with several notable trends emerging in recent years.
The legal landscape is shifting as new types of cases come to light and courts grapple with scientific evidence.
Recent Landmark Asbestos Lawsuit Cases
In a landmark ruling, the U.S. District Court of Montana ordered W.R. Grace & Co. to pay over $54.5 million to reimburse the federal government for the costs of investigating and cleaning up asbestos contamination in Libby, Montana.
This judgment, the largest after trial in the history of the federal Superfund law, also included a declaratory judgment on W.R. Grace’s liability for future costs related to the investigation and cleanup of asbestos contamination in Libby.
The court’s decision upheld the EPA’s revised methodology for calculating indirect, or overhead, costs, allowing these costs to be recovered from W.R. Grace.
This ruling marks the first time a federal district court has validated the EPA’s revised methodology for calculating indirect costs in asbestos-related cases.
Several high-profile asbestos cases have resulted in million-dollar verdicts and settlements:
Emerging Issues in Asbestos Lawsuits
The EPA and the Agency for Toxic Substances and Disease Registry (ATSDR) have been evaluating locations across the United States where asbestos-contaminated ore from Libby, Montana, was shipped for packaging and processing.
This ongoing investigation has led to the release of health consultations on 28 sites that received the majority of the ore shipped from Libby.
In response to growing concerns about asbestos in consumer products, the EPA, ATSDR, and the National Institute for Occupational Safety and Health (NIOSH) launched a national consumer information campaign.
This initiative provides cautionary information to homeowners who may have asbestos-contaminated vermiculite insulation, which was fabricated using ore from Libby.
Several emerging issues are shaping the landscape of asbestos litigation:
- Talc-Asbestos Cases: The link between talcum powder and asbestos contamination has become a major focus of recent lawsuits. Johnson & Johnson faces thousands of lawsuits alleging its talc products contained asbestos and caused cancer. In August 2024, the Johnson & Johnson Talcum Powder Products MDL had 57,782 active cases.
- Bankruptcy Proceedings: Some companies facing asbestos liabilities have attempted to use bankruptcy proceedings to limit their exposure. Johnson & Johnson’s efforts to resolve talc claims through bankruptcy have been closely watched.
- Secondary Exposure Cases: Lawsuits involving secondary asbestos exposure, where family members were exposed to asbestos brought home on workers’ clothing, continue to be filed.
- Abatement Exposure Cases: There is an increase in lawsuits alleging asbestos exposure during abatement projects, as evidenced by a recent case filed in West Virginia.
- EPA Regulations: The U.S. Environmental Protection Agency’s final ban on chrysotile asbestos use, issued in June 2024, may impact future litigation.
These trends highlight the ongoing challenges of asbestos litigation and the need for experienced legal representation in these cases.
If you or a loved one has been diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases, you may be eligible for compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation that will determine if you qualify to join others in filing an asbestos exposure lawsuit today.
Veterans Impacted by Asbestos Exposure
Veterans, particularly those who served in the Navy, have been disproportionately affected by asbestos exposure during their military service.
This exposure has led to an increasing number of veterans developing asbestos-related diseases later in life, resulting in numerous VA claims and legal actions.
VA Claims Related to Asbestos Lawsuits
Veterans who have been diagnosed with asbestos-related diseases due to their military service are eligible to file claims with the Department of Veterans Affairs (VA) for compensation and healthcare benefits.
The VA recognizes several asbestos-related conditions as potentially service-connected disabilities — mesothelioma, lung cancer, and asbestosis are some of the more commonly discussed conditions.
The VA compensation rates for asbestos-related diseases vary based on the severity of the condition and the veteran’s disability rating.
To file a successful VA claim for asbestos exposure, veterans must meet the following criteria:
- Have a discharge status other than dishonorable
- Provide evidence of asbestos exposure during military service
- Present medical documentation of an asbestos-related diagnosis
- Demonstrate a connection between the exposure and the current illness
It’s important to note that filing a VA claim does not preclude veterans from pursuing legal action against asbestos manufacturers or other responsible parties.
Many veterans choose to file both VA claims and private lawsuits to increase their compensation and address medical expenses.
Navy Exposure to Asbestos & Resulting Legal Actions
Navy veterans face a particularly high risk of asbestos-related diseases due to the extensive use of asbestos in naval vessels and shipyards.
From the 1930s through the 1970s, asbestos was widely used in ships for insulation, fireproofing, and other applications.
The VA recognizes that nearly every occupation aboard ships and in shipyards potentially exposed service members to asbestos.
As a result, Navy veterans often have an easier time establishing a presumptive service connection for their asbestos-related illnesses.
When filing legal claims, Navy veterans often need to provide detailed information about their service, including:
- Specific ships or facilities where they served
- Their job duties and potential exposure scenarios
- Dates of service and duration of potential exposure
- Names of asbestos-containing products they may have worked with
Veterans seeking compensation for asbestos-related illnesses should consult with experienced mesothelioma attorneys who can guide them through both VA claims and potential legal actions against asbestos product manufacturers.
If you or a loved one has been diagnosed with mesothelioma, asbestosis, lung cancer, ovarian cancer, or other asbestos-related diseases, you may be eligible for compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation to determine if you qualify to join others in filing an asbestos exposure lawsuit today.
Asbestos Abatement and Safety Measures
Asbestos abatement is a highly regulated process that requires strict adherence to safety protocols and legal requirements.
Proper handling, removal, and disposal of asbestos-containing materials (ACMs) protects workers, building occupants, and the environment from the dangers of asbestos exposure.
Proper Handling and Removal of Asbestos
The Environmental Protection Agency (EPA) has established specific guidelines for handling and removing asbestos under the National Emission Standards for Hazardous Air Pollutants (NESHAP).
These regulations apply to most demolition and renovation projects involving asbestos-containing materials.
Key steps in proper asbestos handling and removal include:
- Thorough Inspection: Before any demolition or renovation begins, a thorough inspection of the structure must be conducted to identify the presence of asbestos, including both friable and non-friable ACMs.
- Notification: Owners or operators must submit notifications to the appropriate government agencies before beginning work on projects involving asbestos.
- Wetting: ACMs should be thoroughly wetted using a fine mist of water or a wetting agent to suppress the release of asbestos fibers during removal.
- Controlled Removal: Asbestos should be removed using techniques that minimize fiber release, such as wet removal for friable materials or controlled dismantling for non-friable materials.
- Containment: The work area must be sealed off with polyethylene sheeting and duct tape to create a containment enclosure, preventing the spread of asbestos fibers.
- Air Filtration: Negative air pressure units and HEPA filtration systems should be used to prevent the spread of asbestos fibers during removal activities.
- Proper Disposal: Asbestos waste must be properly packaged, labeled, and disposed of in accordance with EPA and state regulations.
Asbestos Protective Equipment & Legal Compliance
The use of appropriate personal protective equipment (PPE) is vital for ensuring worker safety during asbestos abatement.
Additionally, strict compliance with legal requirements is necessary to avoid penalties and ensure the safety of all involved parties.
Asbestos protective equipment
- Respirators: Workers must wear respirators that comply with OSHA standards. For asbestos work, a half-face filter respirator fitted with a class P1 or P2 filter cartridge, or a class P1 or P2 disposable respirator is typically required.
- Gloves: Disposable gloves are recommended, especially when working with large amounts of asbestos fibers.
- Protective Clothing: Disposable coveralls are preferred for most asbestos work. These should not have external pockets, Velcro fastenings, or other features that are difficult to decontaminate.
- Footwear: Gumboots or other easily cleanable footwear should be used to prevent the spread of asbestos fibers.
- Eye Protection: Safety goggles should be worn to protect the eyes from dust and particles.
Legal Compliance
- Accreditation: The EPA’s Model Accreditation Plan (MAP) requires that asbestos professionals working in schools, public, or commercial buildings be accredited under an approved training program.
- NESHAP Compliance: Adherence to the EPA’s NESHAP regulations is mandatory for most demolition and renovation projects involving asbestos.
- State and Local Regulations: Many states and localities have additional, often more stringent, requirements for asbestos abatement. Compliance with these regulations is necessary.
- Waste Disposal: Asbestos waste must be disposed of in accordance with EPA regulations, which typically require proper packaging, labeling, and disposal at authorized landfills.
- Record Keeping: Detailed records of the abatement process, including air monitoring results and waste disposal documentation, must be maintained.
- Worker Training: All workers involved in asbestos abatement must receive proper training and certification as required by OSHA and EPA regulations.
Adhering to these safety measures and legal requirements can sharply reduce the risks associated with asbestos abatement, protecting workers and the public from dangerous exposure.
If you or a loved one has been diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases, you may be eligible for compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation that will determine if you qualify to join others in filing an asbestos exposure lawsuit today.
Resources for Asbestos Victims
Asbestos victims and their families often face medical and financial challenges.
Fortunately, there are numerous resources available to provide support, information, and assistance throughout their journey.
Support Groups for Asbestos Victims
Support groups play an important role in helping asbestos victims and their families cope with the emotional and practical challenges of asbestos-related diseases.
These groups offer a safe space for sharing experiences, gaining information, and finding emotional support.
Some notable support groups and organizations include:
- Asbestos Disease Awareness Organization (ADAO): Provides online support groups for patients with asbestos-related diseases and their families.
- Mesothelioma Applied Research Foundation: Offers a support community, educational resources, and funding for mesothelioma research.
- American Cancer Society: Provides information, resources, and support services for cancer patients, including those with asbestos-related cancers.
- Gilda’s Club: A nonprofit organization that offers support and networking groups, lectures, workshops, and social events for cancer patients nationwide.
- Wellness Community: Offers drop-in and ongoing support groups and networking groups for specific types of cancer.
Medical Resources for Asbestos Victims
Access to proper medical care and information is vital for asbestos victims, both for their health and for building strong legal cases.
It’s important for asbestos victims to work closely with their healthcare providers and legal team to ensure they receive appropriate medical care and documentation to support their legal claims.
Medical resources available to asbestos victims include, but are not limited to:
- Specialized Treatment Centers: Many cancer centers have departments or specialists dedicated to mesothelioma and other asbestos-related diseases.
- Clinical Trials: The National Cancer Institute and other organizations maintain databases of ongoing clinical trials for asbestos-related diseases.
- Medical Experts: Experienced mesothelioma attorneys often work with medical experts who can provide specialized knowledge for legal cases.
- Occupational Health Clinics: These clinics specialize in work-related health issues and can provide valuable documentation for asbestos exposure cases.
- Asbestos Medical Screening Programs: Some organizations offer free or low-cost medical screenings for individuals who may have been exposed to asbestos.
Financial Assistance Programs for Asbestos Victims
The financial burden of asbestos-related diseases can be overwhelming.
Financial assistance programs available to asbestos victims include, but are not limited to:
- Asbestos Trust Funds: Many bankrupt asbestos companies have established trust funds to compensate victims. An experienced attorney can help victims file claims with these trusts.
- Veterans Benefits: Veterans who were exposed to asbestos during their military service may be eligible for VA disability compensation and healthcare benefits.
- Social Security Disability Insurance (SSDI): Individuals who can no longer work due to asbestos-related diseases may qualify for SSDI benefits.
- Medicare and Medicaid: These government health insurance programs can help cover medical expenses for eligible individuals.
- Nonprofit Organizations: Organizations such as CancerCare provide financial assistance for cancer-related expenses.
- Legal Compensation: Successful asbestos lawsuits can result in compensation to cover medical expenses, lost wages, and other costs.
- Workers’ Compensation: In some cases, workers who were exposed to asbestos on the job may be eligible for workers’ compensation benefits.
It’s important for asbestos victims to explore all available options for financial assistance.
By utilizing these support groups, medical resources, and financial assistance programs — asbestos victims and their families can approach all of the challenges associated with asbestos-related diseases and litigation.
Remember, you don’t have to face these challenges alone — there is a network of support and resources available to help you through this difficult time.
If you or a loved one has been diagnosed with mesothelioma or other asbestos-related diseases, you may be eligible for compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation to determine if you qualify to join others in filing an asbestos exposure lawsuit today.
TruLaw: Your Trusted Law Firm for Asbestos Lawsuits
Asbestos lawsuits are being filed by individuals nationwide who were exposed and subsequently developed mesothelioma or another form of cancer.
With decades of experience working alongside top litigation leaders, TruLaw can assist individuals in pursuing compensation by holding companies accountable in asbestos-related cases.
If you or a loved one have been exposed to asbestos subsequently developed mesothelioma, or any other severe health condition, you may be eligible to file an asbestos lawsuit today.
Contact TruLaw using the chat on this page for an instant case evaluation that can determine if you qualify to file an asbestos lawsuit today.
