Asbestos FAQ Guide

 If you or a member of your family has been diagnosed with an asbestos related disease, you will want to contact an attorney for legal advice. The following asbestos legal FAQ can help answer some of your questions related to asbestos lawsuits.

1. If I am exposed to asbestos should I contact an attorney to file a lawsuit? No, not everyone who is exposed to asbestos will develop an asbestos related disease. If you know or think you have been exposed to asbestos you should notify your physician, who will closely monitor your health. It is not advisable to file a lawsuit until you have actually been diagnosed with a disease or have symptoms related to asbestos exposure.
2. I have been diagnosed with mesothelioma. How soon should I contact an attorney? Once you have been diagnosed with any asbestos related disease, you should contact an attorney immediately. Most states have a statute of limitations that restricts the time frame you have to file a lawsuit. The statute of limitations begins once you become ill or are diagnosed with a disease. Diseases caused by asbestos have a long latency period that is not considered when calculating the statute of limitations.
3. If I am ill and unable to work, how much in attorney fees will I be expected to pay? Almost all lawyers who accept these type of cases work on a contingency fee. Their pay is an agreed upon percentage of the amount you receive. If you do not receive any type of compensation, you will not be required to pay a fee to your attorney.
4. My husband/wife died from mesothelioma. Am I entitled to some type of settlement? If a close family member has died from mesothelioma, you should contact an attorney as soon as possible. You may be eligible to file a wrongful death suit but only if you are within the time limits that apply to your state. There are also laws regarding who can file on behalf of a family member.
5. I was exposed to asbestos over 25 years ago. The manufacturer has since filed for bankruptcy and is no longer in business. Can I still file a lawsuit? You cannot file a lawsuit directly against the company. However, you may be able to receive compensation from an asbestos bankruptcy trust. Asbestos bankruptcy trusts were organized to pay claims for companies that have since gone bankrupt.

For additional asbestos legal FAQ, contact a qualified attorney to assist you.

Jeff Lakie is the founder of Asbestos Resources a website providing information on asbestos

Mesothelioma: More About this Asbestos Cancer

Cancers and other forms of diseases are usually named
according to the part of the body or the internal organ
where abnormal growth of malignant cells takes place.
In the case of Mesothelioma, the abnormal cells grow in
the mesothelium, a surface cell layer that covers and
protects most internal organs. Normally, the
mesothelium produces small amount of fluid in order to
lubricate its layersone of which directly covers the
organand allow the movement of the organs, like the
expansion and contraction of the lungs. A Mesothelioma
cancer patients mesothelium produces too much of this
lubricating fluid, thereby damaging nearby tissues and
organs. The most common form of Mesothelioma is Pleural
Mesothelioma, which begins in the Pleural or
Peritoneum, the membrane that lines the chest cavity
and covers the lungs.

About 2,000 cases of Mesothelioma have been noted
yearly in United States. This is still a rare disease
to consider, although the reported incidents have
escalated in the past two decades. It has been observed
and proven that heavy and long exposure to asbestos is
the prime cause of Mesothelioma. Asbestos is a group of
minerals in strong, flexible and fibrous form. It is
used in industrial products such as cement, brake
linings, textiles, electrical insulation, flooring
products, chemical filters, fireproofing materials and
others. This explains why most Mesothelioma patients
are working in construction sites, shipyards and
manufacturing companies of said industrial products.
Small asbestos particles float in the air and are
either inhaled or swallowed by workers or persons
within the vicinity. Aside from Mesothelioma, these
people can acquire asbestosis, a non-cancerous chronic
lung sickness and other forms of cancer of the lungs,
cancer of the larynx and kidney.

Asbestos-related Mesothelioma comprise only 70 to 80
percent of the all the reported cases of the said
cancer. There are reported Mesothelioma cases wherein
the patients did not have any known exposure to
asbestos. Some have been exposed only for a short
period of time but still developed the cancer 20 to 50
years after the exposure, like in the case of a
Mesothelioma cancer patient who only washed clothes
that have been exposed to asbestos. Likewise, asbestos
fibers that have been stuck in the hair strands of a
factory worker can also risk the health of others whom
he lives with. It is therefore important for workers
exposed to asbestos to change their clothes and take a
shower before leaving the workplace to prevent his
family members or companions from inhaling the asbestos
particles and thus, from acquiring Mesothelioma.

The Mesothelioma cancer is slow-forming. Thats why one
develops the cancer so many years after the exposure to
asbestos. Some develop the cancer fifty years after the
exposure, which makes it hard to determine whether the
person has Mesothelioma or not, especially when the
patient has no knowledge of the exposure to asbestos.
Moreover, malignant Mesothelioma shows signs similar to
those of other ailments such as pneumonia. Symptoms of
Pleural Mesothelioma also evident in other illnesses
include: shortness of breath, persistence of cough,
weight loss and chest pain. Peritoneal Mesothelioma,
which affects the abdominal cavity, is indicated by
swelling of and pain in the abdomen, weight loss, bowel
obstruction, anemia, blood clotting abnormalities and
fever.
Complete physical examination is needed to make sure
one has Mesothelioma cancer. This includes xrays of the
body part where the symptoms are felt or seen, CT scan
and MRI. To confirm Mesothelioma, a biopsy is also
performed by a surgeon or oncologist (a physician who
is specializing in the diagnosis and treatment of a
cancer). The sample tissue removed by the surgeon is
examined by the pathologist. Once confirmed, the doctor
then finds out the extent of the cancer, which is
crucial to the treatment of Mesothelioma. Although
malignant, Mesothelioma when earlier diagnosed can
still be treated. Most Mesothelioma patients undergo
surgery, radiation therapy and chemotherapy.
David Arnold Livingston is an advocate for Health
and recommends, as a resource:
http://www.newmesothelioma.com/MesotheliomaCancer/

Know Your Rights About Asbestos Litigation

 Due to the rise in Mesothelioma related Cancers, which are a result of exposure to Asbestos based fibers and materials, there is now a wave of Asbestos related litigation being initiated.

Although there has been information related to Mesothelioma related Cancers and the effects of Asbestos on the human body, Mesothelioma cases have often taken 30 to 40 years to appear.

Mesothelioma Cancer is related to the Mesothelioma cells, which line the lungs, heart and abdominal area of the human body. Asbestos causes these cells to slowly develop into cancerous nodules, which later develop to form tumors.

Once diagnosed with Mesothelioma Cancer, a patient can live between 7 months to 7 years, depending upon the stage of the Cancer and which organ has been affected. Abdominal Mesothelioma Cancer often is coupled with immune deficiencies and requires extra treatment measures.

There are now a number of Attorneys, paralegals, investigators, doctors and academics that specialize in Asbestos Litigation. Over the years, Asbestos Litigation has taken on various forms. Initially, the cases included minor situations involving scaring of the chest lining, known as Asbestosis.

However, many of the more serious asbestos symptoms did not develop until much later. It slowly became apparent that Asbestos was a dangerous substance that causes Mesothelioma Cancer.

Asbestos has since been removed from the building industry and removed from buildings. Although, for many, it is too late, as their exposure to Asbestos has already occurred and many have since died as a result.

Now people who develop Mesothelioma Cancer can pursue Asbestos litigation, however there are rules to going about this. One of those rules includes, that the person seeking Asbestos litigation must be able to provide evidence that they were exposed to the Asbestos substance.

The person seeking Asbestos litigation must be able to supply information about the particular Asbestos substance and the particular location in which the exposure occurred. The more details a person can supply the more favorable the outcome of their Asbestos litigation will be.

Asbestos litigation should also be accompanied with medical documents that provide evidence of any internal damage, or side affects that have resulted from exposure to Asbestos. As well as medical documents, a letter from a doctor detailing the outcome of the exposure and what would be required in the way of treatment and ongoing support.

In the case of Mesothelioma Cancer that has been caused by exposure to asbestos, those affected by this exposure should be aware of their rights. If you, or someone you know has been showing symptoms of exposure to Asbestos, such as abdominal pain, chest pain, coughing, weight loss, or fever and frequent illness, consider seeking medical advice.
Learn more about mesothelioma treatment and asbestos litigation go here: http://www.mesothelioma-treatment-center.com/asbestos-litigation.htm

Asbestos Killed My Husband

ASBESTOS KILLED MY HUSBAND By LORRAINE KEMBER
He was only a child when it begun -and he played as children do- in his yard with his toy cars and tip trucks But his sand was asbestos blue
In December 1999, my husband and I were walking home from a game of lawn bowls when I became aware of his shortness of breath. I was surprised and concerned when he told me that he had experienced this on several occasions. Believing this to be due to chest a infection, I made a doctors appointment for him the next day.
Chest X-rays revealed fluid on the lungs, over two litres of which was drained, giving Brian immediate relief, but it was a tense wait for the pathology results. Through the Internet I had become aware of several conditions which may have been responsible for fluid on the lung; these included asbestos- related diseases. Brian had lived in Wittenoom as a child and I was afraid of his diagnosis. Not wanting to worry him unnecessarily, I did not mention my fears to him. I prayed that he had pleurisy or pneumonia but the pathology results revealed that there were cancer cells present.
When Brian finally received his diagnosis, my worst nightmare became reality. He had pleural mesothelioma, a terminal cancer of the lung caused by the inhalation of asbestos dust. We found it inconceivable that the disease was the result of Brian inhaling asbestos dust as a child and that it had lain dormant for forty-five years before become lethal.
We were still reeling from the shock when, without preamble, the young doctor gave his prognosis. His exact words were, Three to nine months, I reckon. That he could say this so unfeelingly amazed me. His total lack of compassion did not encourage even the small comfort of tears. I felt as if Brian and I had been shot and from that moment on we were waiting to drop.
Undoubtedly, were mortally wounded. We suffered shock, disbelief, anger, helplessness and utter despair; in fact all the symptoms of grief one feels when a loved one has actually died. Once again we found ourselves with no control over our lives. This time however, there was no light at the end of the tunnel. Our journey through terminal illness had begun.
Throughout the course of our married life my deep love for Brian and my determination to resolve difficulties had seen us through many trials. I found it hard to believe that nothing could be done to save his life and begun surfing the Internet for information regarding mesothelioma, all the time praying for a miracle, hoping against hope to find a doctor who had successfully operated on or cured someone of it.
It was a sad realization to discover that for Brian there were no miracles; however, I learned a lot and it helped me to accept that he was dying. With my acceptance came a fierce determination to ease his burden. I continued to seek information regarding mesothelioma and the pain and symptoms Brian would experience, due to the progression of his disease. In this way, I came to understand the importance of pain management and symptom control and realized that although I could not stop Brian from dying I could help him to live.
My acquired knowledge regarding pain and symptom management enabled me to communicate with Brian and to understand the type of pain he was experiencing and the intensity of that pain. I was then able to work hand in hand with his doctors, to bring his pain and symptoms under control. As my efforts resulted in his improved quality of life, I lost my sense of helplessness and gained strength.
Together, we achieved for Brian, a quality of life few thought possible, considering the nature of his disease. Testament to this, Brian survived for 2 years despite his prognosis of 3 to 9 months. Remained active and alert, drove his car for eighteen months after diagnosis and was not bed bound until three short days prior to his death.
Brian's courageous battle with mesothelioma came to an end on the 24th December 2001; he passed away at home surrounded by his loved ones. He was 54 years old.

Lorraine Kember Author of Lean on Me Cancer through a Carers Eyes. Lorraines book is written from her experience of caring for her dying husband in the hope of helping others. It includes insight and discussion on: Anticipatory Grief, Understanding and identifying pain, Pain Management and Symptom Control, Chemotherapy, Palliative Care, Quality of Life and Dying at home. It also features excerpts and poems from her personal diary. Highly recommended by the Cancer Council. Lean on Me is not available in bookstores - For detailed information, Doctors recommendations, Reviews, Book Excerpts and Ordering Facility - visit her website http://www.cancerthroughacarerseyes.jkwh.com

Asbestos Related Diseases

 GoingAsbestos is used in over 3000 modern products and most people have suffered at least some degree of exposure to it at one point or another. Most asbestos exposure is limited to minute portions of well maintained building materials such as concrete, insulation and siding. Regular maintenance of these materials is important for preventing asbestos from degenerating into airborne fibers. Unfortunately, because asbestos is so widespread, it is impossible to compute the damage that even a small quantity can cause.

The lightweight nature of the asbestos particle facilitates airborne spreading of these deadly carcinogens. This is why most asbestos-related diseases affect the respiratory system. These are incurable diseases. Even tiny amounts of asbestos can inflict irreversible damage as symptoms usually only emerge 20 to 30 years down the road.

Mesothelioma, Asbestosis and lung cancer are consequences of prolonged asbestos exposure. Any contact with asbestos merits immediate medical consultation because treatment options and survival rates are greatly improved the earlier theyre detected. Unfortunately most asbestos-related conditions dont show symptoms until the disease is terminally advanced. Most patients diagnosed with an asbestos-related condition rarely survive more than 18 months after diagnosis.

For more information on asbestos related diseases and mesothelioma please visit http://www.resource4mesothelioma.com .

This article may be freely re-printed as long as this resource box and all links stay intact.

Beryllium The New Asbestos?

It was American workers on the world's first atomic bomb who became the first industrial victims of beryllium, a rare but especially light, stable and strong metal whose toxic dust can kill those who breathe it.

Now Seafarers doing ship maintenance and have used Jasons De-rusting and de-scaling guns (also known as J-gun or Jasons pistol) raise concerns about exposure to beryllium.

Unlike other metals, beryllium does not spark and was therefore used on tanker ships containing fuel.

Beryllium can cause a long-term lung disease (berylliosis) in some people by triggering an immune (allergic) response in the body. In general, significant exposure to beryllium in a respirable form is required for any disease to occur, and symptoms may take up to 20 years to develop even after exposure has stopped.

Beryllium dust can cause fatal and untreatable lung disease, similar to asbestosis.

The symptoms of berylliosis include shortness of breath, cough, chest pain, weight loss and fatigue. These symptoms are common, so that most people who have these symptoms do not have berylliosis. Occasionally, other areas of the body like the skin, eyes, mouth & nose may develop a rash following contact with dust containing beryllium.

There is no preventive or curative treatment available for berylliosis or chronic beryllium disease. Richard Wassell
More information can on Beryllium, Mesothelioma and Asbestosis can be found at
http://www.mesotheliomainfosite.com

The Asbestos Disaster - Who Is To Blame

The ancient Greeks, Romans and Egyptians were all aware of the health dangers of asbestos. It seems strange that the asbestos industry in many parts of the world chose to ignore the risks.

Even if the ancient wisdom had been lost, insurance companies were refusing to insure asbestos workers, or charging higher premiums for them by the 1920's. 50 Years later some companies in the asbestos industry were still doing nothing to protect their workers.

To be fair, the workers themselves had the same access to information as the companies, so must also take responsibility for their actions in deciding to work in a dangerous industry. In many respects that decision was similar to the decision that many people still take on a daily basis today - to smoke a cigarette. The apparent benefit of taking home a pay check overrode the distant possibility of death for those workers and their families, just as the immediate pleasure of a cigarette does for smokers today.

Having said that, I believe that the employers have a duty to ensure that their workers are in as safe an environment as possible, and that they are aware of the risks, so that if they decide to work there, they are making an informed decision. Clearly this did not always happen, and as a result the industry is going through a series of lawsuits, where people who have become ill are suing for compensation. Many companies around the world have already gone bankrupt as a result of this, and the process appears to be continuing. In the US there is legislation proposed to pay compensation from a central fund, but this proposal seems unlikely to succeed because of the level of agreement that will be required on how the money in the fund will be collected.

Both workers and employers in all types of business would do well to reflect on this sorry saga where no-one with the possible exception of a few lawyers, will ever feel that the decision to either work in, or employ people in a dangerous environment, was justified.

Tony McGlinn

The asbestos site makes it easy to find the information you need if you think you may have been exposed to asbestos. To receive your free 35 page support guide visit the asbestos education website http://www.asbestosabc.com.