Asbestos: Mesothelioma and Lung Cancer

Asbestos is used in the manufacture of heat-resistant clothing, automotive brake and clutch linings, and a variety of building materials, including floor tiles, roofing felts, ceiling tiles, asbestos-cement pipe and sheet, and fire-resistant drywall. Asbestos also is present in pipe and boiler insulation materials and in sprayed-on or troweled-on surfacing materials on walls, ceilings, beams, crawlspaces, and between walls.

Asbestos fibers enter the body through inhalation or ingestion and become embedded in the tissues of the respiratory or digestive systems. Exposure to asbestos can cause numerous diseases, including asbestosis, an emphysema-like condition, lung cancer, mesothelioma, and gastrointestinal cancer. The symptoms of these diseases generally do not appear for 20 or more years after initial exposure.

Likelihood of exposure to airborne asbestos fiber is high in the following workplaces:

• Primary mining and manufacture of asbestos products;
• Secondary manufacture of asbestos containing products, such as fire-resistant clothing, fire-resistant wall board, roofing materials, brake and clutch parts, and asbestos-cement pipe;
• Construction activities that include installation of “asbestos-containing materials” or the demolition, “removal”, “disturbance” or alteration of asbestos containing building materials. Buildings constructed prior to 1981 may contain significant amounts of asbestos building materials. “Thermal system insulation”, sprayed or troweled-on “surfacing materials”, and vinyl or asphalt flooring installed before 1981 is particularly likely to contain asbestos;
• Shipbuilding
• Automobile brake and clutch repair activities.

Types of Asbestos Lawsuits

If your family is bearing the burden of mesothelioma, asbestos litigation may be right for you and your loved ones. There are two types of legal claims your family may be able to file.

Personal Injury Claims: A person diagnosed with mesothelioma is eligible to file a personal injury lawsuit against the companies responsible for exposing them to asbestos. Asbestos liability is usually based on companies’ failure to warn employees and consumers about the dangers linked to inhaling the toxic mineral. When compensation is awarded in personal injury lawsuits, mesothelioma patients are the recipients.

Wrongful Death Claims: The estate of a deceased mesothelioma patient is eligible to file a wrongful death claim, seeking compensation to cover medical bills, funeral expenses and lost income. Similarly, if a mesothelioma patient files a personal injury lawsuit but passes away before it is resolved, the estate may continue the claim. When compensation is awarded in wrongful death lawsuits, the estate is the recipient.