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Q: What is asbestos?
A: A microscopic threadlike fiber, asbestos is a common mineral found throughout the world. It is mined, processed and used in consumer products and construction materials. If asbestos becomes airborne and dusty, it can be inhaled and lodge in the lungs. Asbestos particles in the lungs can cause terrible - even fatal - diseases, such as mesothelioma, asbestosis, and lung cancer that can take decades to develop after asbestos exposure.
Q: Who are the typical victims of asbestos diseases like mesothelioma?
A: Most typically, victims of asbestos disease and injury are people who breathe the asbestos dust. Workers in the following industries and professions have been historically at high risk: asbestos mining; manufacturing of asbestos-containing products such as insulation, piping, and ceiling and flooring materials; shipbuilding; welding, plumbing, pipe fitting and steam fitting; railroads; building demolition; and construction. Others have also been exposed at work or home, sometimes unknowingly.
Q: I was exposed to asbestos in my previous career and now have mesothelioma - can I get any help?
A: People exposed to and injured by asbestos in their work may be eligible for workers' compensation benefits or other damages. The states vary in their treatment of workers' compensation claims for asbestos-related diseases - some states treat them more restrictively than other disease claims. In some states and in some situations, workers may, in addition to receiving workers' compensation, be able to sue their employers. Workers also may have legal claims against other potentially responsible third parties, such as insurance companies and asbestos manufacturers.
Q: I worked in the asbestos industry 40 years ago and have developed the asbestos-induced cancer mesothelioma. Is it too late to sue?
A: Deadlines, also known as statutes of limitations, for bringing asbestos lawsuits vary widely from state to state. Sometimes the deadline is calculated from the date of exposure and sometimes from the date of disease development. Some states have even enacted laws to revive expired asbestos claims or to make exceptions for asbestosis. Some states calculate a new deadline if you develop a second asbestos disease. Therefore, it is important that you speak to a knowledgeable attorney today to preserve what legal rights you may have in your jurisdiction..
Q: My father was an asbestos miner. My mother recently died from asbestos-related cancer. Do I have any legal rights related to her death?
A: You should speak with an experienced asbestos lawyer right away to protect what legal rights you or your mother's estate might have. Industrial employees who worked with asbestos commonly brought microscopic fibers home on their clothing, exposing their spouses when they handled the clothes during laundering. Your mother may have been a victim of this type of secondhand exposure. The laws that apply to these types of situations vary from state to state.
Q: I am a shipbuilder who was exposed to asbestos and I have lung cancer. I'd like to pursue my legal rights, but I am also a tobacco smoker. Should I bother?
A: Either exposure to asbestos alone or smoking alone increases your risk of developing lung cancer, but the risk becomes enormous when both risk factors are present. You should seek the advice of an experienced asbestos lawyer as soon as possible to determine your legal options. Whether you can bring lawsuits for your cancer based on your asbestos exposure, and whether it matters legally that your own action by smoking increased your risk of lung cancer, depends on the laws of the different states.
