Asbestos is a group of silicate minerals. Silicates are naturally occurring and have been used for many decades in insulation as well as other construction materials because of their ability to resist heat as well as their strength.
Asbestos may be fairly harmless. Studies have shown that ingestion of asbestos has not caused injuries.
Once asbestos fibers are disturbed, however, such as during construction, the asbestos fibers become airborne and are inhaled easily by any individual around the substance. This often causes injuries to the lungs.
What Types of Injuries are Common?
Asbestos is a crystal. Because of this, it easily tears into the lungs which causes scarring and makes it difficult for the lungs to process air.
Typical injuries which result from asbestos include:
- Mesothelioma, which is a specific type of lung cancer caused by asbestos;
- Breathing difficulties; and
- Lung diseases, including cancers.
What is Illegal Asbestos Removal?
As previously noted, asbestos is a mineral which has been used in building materials, especially insulation. When inhaled regularly, it may cause dangerous complications including mesothelioma, lung disease, and cancer.
Asbestos removal is regulated. It can be costly and may also be done in a manner which is not in accordance with the law.
Who Regulates Asbestos Removal?
Asbestos removal is regulated by the federal government, mostly by the Environmental Protection Agency (EPA), and the Occupational Safety and Health Administration (OSHA). These two regulatory bodies provide numerous requirements related to the removal of asbestos.
It is a crime to violate these regulations. In addition, numerous states have their own regulations regarding asbestos removal.
What are Asbestos Removal Regulations?
As previously noted, there are federal regulations and state laws which require that all asbestos be properly removed from a building prior to it being demolished. This is done to minimize the amount of asbestos which enters into the air.
It is a crime to violate asbestos removal regulations. In the majority of states, asbestos is required to be removed by a licensed professional who must follow strict and highly technical procedures to prevent the asbestos fibers from entering into the atmosphere.
What is the Wet Removal Process?
Pursuant to many regulatory systems, asbestos is required to be removed using the wet removal process. This process involves spraying the asbestos with water prior to removing it.
This process prevents the majority of the asbestos from turning into dust and entering into the air. Violating these state and federal laws often carries heavy fines, usually in the tens of thousands of dollars range and may also involve a jail sentence which lasts several months.
What is Asbestos Removal and Worker Safety?
There are numerous laws which protect workers from exposure to a dangerous amount of asbestos during the removal process. These laws include limits of the amount of exposure and length of time the worker can be exposed as well as:
- Creating regulated areas;
- Providing workers with respiratory masks; and
- Providing medical examinations.
Can I Sue for Toxic Exposure?
In a toxic exposure case, such as those involving treated lumber or asbestos, finding the responsible may be difficult. A general list of parties that may be responsible for causing mass injuries, or common toxic exposure defendants include:
- Manufacturers;
- Processors;
- Distributors; and
- Retailers.
Manufacturers are those parties that actually create the chemical or toxic compound. These parties may be liable simply by virtue of creating and unleashing the toxic substance into the general population.
Processors are the parties who apply the chemicals to the products. For example, those who treat the raw lumber with chromated copper arsenate (CCS) or by spraying asbestos into ceiling insulation.
Distributors are typically the middlemen in the retail process. They may still be liable for poorly inspecting the goods which they place into the stream of commerce.
Retailers are the parties who sell directly to consumers. Although it may appear unfair to include retailers, it is important to remember that every party which may be potentially liable must be included to preserve a plaintiff’s recovery. In addition, it is possible that the retailer was partially or even wholly responsible for releasing the toxic substance.
Each of these parties can be a defendant but they may be sued under different legal theories. In addition, an award size may vary.
What is Mesothelioma?
Mesothelioma is a disease which is caused by an exposure to high levels of asbestos. This disease arises when the cells which protect the organs of an individual’s body begin to spread to other parts of their body and cause damage to their tissues and organs.
What Are the Symptoms of Mesothelioma?
The symptoms of mesothelioma may be deceptive but are serious, and may include:
- Shortness of breath;
- Weight loss; and
- Abdominal pain.
Many individuals who have mesothelioma do not detect their symptoms until many years after being exposed to asbestos.
Who is at Risk for Mesothelioma?
There are numerous individuals who are at risk for mesothelioma. Individuals in certain occupations may be exposed to asbestos, including:
- Mining;
- Construction;
- Mill workers;
- Demolition workers; and
- Other professions.
It is important to note that any individual who has been exposed to a high concentration of asbestos may be at risk for developing mesothelioma.
How Do I Determine if I have Been Exposed to High Amounts of Asbestos?
There are numerous factors which may determine if an individual has been exposed to high amounts of asbestos, including:
- The length of exposure to asbestos;
- The concentration of asbestos; and
- Whether the individual’s employer took any preventative measures, such as breathing devices.
What Problems Can I Expect when Filing a Claim?
Injury victims typically had long term exposure to asbestos. Asbestos inhalation may take 10 to 40 years to develop into an injury.
With such a long latency period, there are problems which are common to asbestos claims, such as the statute of limitation as well as finding the responsible parties. Another issue is that the laws of an individual’s state may place a time requirement on how long they are required to wait to make a claim.
Can I Still File a Claim Even If the Statute of Limitations has Run Out?
As previously noted, the majority of individuals do not have symptoms until many years after their exposure to asbestos. After all the years have passed, the statute of limitations, in many cases, may have already expired.
In most states, however, the statute of limitations does not start running until the individual discovers their illness or injury. Therefore, if an individual discovers that they have mesothelioma many years after their exposure, they may still be able to bring a claim.
What Type of Compensation Can I Expect?
An individual who develops mesothelioma may be compensated in a variety or ways, including:
- Damages for past and future medical care;
- Damages for pain and suffering;
- Damages for emotional trauma; and
- Punitive damages.
Do I Need to Hire a Lawyer?
As previously discussed, there are many factors which may determine whether you will be able to bring a claim for your asbestos related injury. Because of the variations in laws between states as well as the numerous parties which may be held liable, it is important to have the assistance of a criminal attorney.
Your attorney can review your case, determine what parties may be liable for your injuries, and assist you in filing a lawsuit. Cases involving medical issues are often very complex and it may be difficult to find information if many years have passed between exposure and your illness so having an attorney will give you the best chance at the compensation you deserve.
