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Frequently Asked Questions about Asbestos Exposure and Mesothelioma
Where is asbestos found?
Asbestos was used primarily in areas of concentrated industry such as aluminum smelters, steel mills, railroads, shipyards and construction sites. From the early 1900s until about 1980, asbestos was one of the most commonly used industrial materials in the world.
Thousands of products contained asbestos. Many people know that shingles and floor tile had asbestos. People often do not realize that thousands of everyday objects also contained asbestos. For example, asbestos was found in toasters, electric wire insulation, brakes, appliances, pipe covering, heat-resistant gloves and even some cigarette filters.
Because asbestos was widely used in industry, many housewives and children were exposed to asbestos when their husband or father brought home his dirty work clothes for laundering. The asbestos fibers from the plant would then wind up in the home, where they sometimes caused cancer and other serious injuries.
I was exposed years ago, could that asbestos be harming me now?
Yes. Asbestos has what is generally referred to as a "long latency period." This means that asbestos fibers can sit in a person's lungs for twenty or thirty years before they cause cancer. On the contrary, some people breathe in asbestos and then develop a disease in a matter of only a few years. Like many poisons, asbestos affects different people in different ways.
Why is asbestos dangerous?
Asbestos is breathed into the lungs and is swallowed into the gastrointestinal tract. Eventually, cancer may grow in these areas of the body. Much like cigarette smoke, some people get cancer with small amounts of exposure while others can live for years with no ill effects. The shape and consistency of asbestos fibers make them far more dangerous than ordinary fibers. No other fiber is known to cause mesothelioma.
Do I have a case?
Timing is essential in cases of asbestos poisoning. Your case stands a greater chance if you act immediately after being diagnosed with an asbestos-related illness. You may have a case if you have been diagnosed with mesothelioma, lung cancer, esophageal cancer, stomach cancer or colon cancer. Additionally, some cases of mouth or throat cancer may be related to asbestos. Of course, asbestos can also cause scarring in the lungs that greatly decreases quality of life even though the scarring is not cancerous. If you or a loved one may have been wrongfully injured due to asbestos, contact our office today.
What if I've already settled a claim for asbestosis or pleural plaque in the past?
Even if you've already had an asbestos claim, you can pursue a new claim if you get cancer.
A second lawsuit is now allowed for people who receive asbestos settlements in the past, and then later develop asbestos-related cancers, such as mesothelioma, lung, gastrointestinal, or throat cancer. The law now allows a new claim for cancer even if a person already settled claims for asbestosis or lung plaque in the past.
In the Pustejovsky case, Henry Pustejovsky was exposed to asbestos from 1954 to 1979 while employed as a metal pourer with ALCOA Aluminum in Rockdale, Texas.
The big question in the Pustejovksy case was whether a person could sue for scarring of the lungs (asbestosis) and then bring another suit later if the person developed a cancer.
The defense attorneys argued that the lawsuit for mesothelioma cancer was not allowed because the plaintiff had already sued for scarring of the lungs.
The Texas Supreme Court ruled that the plaintiff could pursue his case. The Supreme Court said: "...we conclude that the Plaintiff's prior asbestosis settlement DOES NOT bar Plaintiff's suit for mesothelioma. We hold that a person who sues on or settles a claim for a non-malignant asbestosis-related disease with one Defendant is not precluded from a subsequent action against another Defendant for a distinct malignant asbestos-related condition..."
If you, a loved one, or someone you know develops mesothelioma or other cancer even though there may have been previous claims for asbestosis or pleural plaque, you/they need to seek legal counsel as soon as possible. We have been handling claims in this area of the law for many years. Call us at
1-888-637-6347 and we will be happy to review any case or situation and provide you with professional insight. Contact our office today.
Am I entitled to compensation?
Many companies have intentionally misinformed or held back information regarding asbestos. Some employees have worked for the same company for decades without being warned of the dangers. If you have been exposed to asbestos and have suffered an asbestos-related illness, you may be entitled to compensation. Contact our office today.
How much can I expect to recover?
The amount of compensation is determined on a case-by-case basis and depends on the severity of the illness and the employer-employee relationship. If you feel you have a case, don't wait. Contact our office today.
Why choose us?
Our lawyers and staff have decades of combined experience in cases involving asbestos and other serious injuries and illnesses. We have a track record that speaks for itself and we are very serious about getting you compensation.
Many other asbestos firms have a small number of lawyers who handle a large number of cases that they cannot possibly be personally involved in due to time constraints. Our office has consistently sought to keep a smaller number of cases so that we can give each client the commitment and hard work the client deserves. If you need help or have questions during your case, you can rest assured that you can always talk to a real attorney. You will not have to wade through automated telephone systems and talk to assistants of assistants. Rather, each attorney takes an active role in your case and knows who you are and what your case is about. We make it a point to get to know you so that we can work together to find the best solutions for your particular case. Our former clients tell us they appreciate our "hands-on" approach. We thank them for the compliments, and we look forward to continuing our tradition of caring and excellence. Contact our office today.
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