I have had multiple exposures to asbestos over my career. How can I prove this? What is the maximum in money damages that I can get?

Multiple Abestos Exposure Injury Law

I have had multiple exposures to asbestos over my career. How can I prove this? What is the maximum in money damages that I can get?

At this time, there are no caps on the damages that can be attained for asbestos exposure; so theoretically, the sky is the limit on damages.

However, damages in legal cases are awarded to try and put the victim in the same place he or she would have been without the illness or injury and, especially when talking about damages for things such as loss of enjoyment of life and loss of future earnings, these damages can be difficult to estimate. Punitive damages, assessed against a company as punishment for its behavior, are rarely assessed. Your claims may include damages for past, present and future medical expenses; loss of enjoyment of life and companionship; workers’ compensation; loss of economic opportunity and benefit; loss of current wages; pain and suffering; emotional distress; and necessary changes to your environment. The easiest damages to estimate are those involving personal out-of-pocket expense – for example, $80,000 for medical treatment. The insurance adjuster will use the past medical expenses as a baseline for the likely costs of future bills. See our section on “Pain and Suffering” for a more extensive discussion.

If you have had multiple exposures to asbestos, through multiple companies and with multiple manufacturers of asbestos and safety equipment, you and your attorney will want to find every possible company who was a party to any of your exposures. This means that you and your attorney will essentially reconstruct your work history. Experienced asbestos exposure attorneys know the companies involved and even if you do not know or cannot remember all the companies that might be liable for your exposures, your attorney should be able to help you determine that information.

Most often, during settlement or during a case, a monetary award is determined and then each defendant is assigned to a certain percentage of the damages. Usually the percentage of damages assigned is related to how much of the liability that particular defendant shares; however, at least part of this calculation is often based on which defendants have the deepest pockets – in other words, which defendants are more likely to be able to pay larger damage awards. Your best bet is to contact a lawyer or a law firm who specializes in asbestos lawsuits.

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I can’t figure out how or where I was exposed to asbestos. What are some possibilities?

Where Asbestos Exposure Injury Law

I can’t figure out how or where I was exposed to asbestos. What are some possibilities?

The most common asbestos exposures happened in the workplace. Many trades, including construction, shipbuilding, working with boilers, working at power plants, and working with railroad engines, involved asbestos exposure. However, many exposures to asbestos occurred at home, not at work. Clothes laundered from work in an asbestos-containing environment, or building materials like asbestos-containing “popcorn” acoustic ceiling spray, have caused exposures that decades later result in asbestos disease. Sometimes a location such as a school or office building can cause an exposure from demolition or damage to old steam pipes or insulation.

It was not until the 1970’s that the government finally recognized the danger of asbestos exposure and began regulating and restricting its use. Before that time, asbestos was commonly used as an insulator and in other building materials, in small appliances including hair dryers, in talc products such as baby powder, and even in some potting soils. It is estimated that over 5000 consumer products existed that contained asbestos, making it very likely that your exposure was as a result of everyday living. Many of these products may still be in use, continuing the danger of exposure.

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Hasn’t the use of asbestos been outlawed? How could I have been exposed to it, then?

Asbestos Outlawed Injury Law

Hasn’t the use of asbestos been outlawed? How could I have been exposed to it, then?

During the 1970’s, the United States government finally recognized the dangers of asbestos exposure and began regulating and restricting the use of asbestos. Asbestos products were finally banned in 1989. However, a large number of people were exposed to asbestos before that time. Despite the use of safety equipment, more were exposed when asbestos was removed from use. One example of this is when asbestos insulation was pulled from buildings and replaced. And finally, there are many places were asbestos is still present, either legally or illegally, which may lead to exposure.

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What is asbestos? What are some of the diseases or disorders that are related to asbestos exposure?

What Is Asbestos Injury Law

What is asbestos? What are some of the diseases or disorders that are related to asbestos exposure?

Asbestos is a health hazard. It is fibrous material used widely for insulation and fireproofing. It is dangerous when the fibers are inhaled and become lodged in the lungs, causing inflammation and scarring. This scar tissue reduces the amount of oxygen that can be taken in by the body. Enough scarring and inflammation can affect breathing and can lead to shortness of breath and frequent lung infections and heart or respiratory failure. There is no effective treatment. The condition in which asbestos causes scar tissue to build up in the lungs is called asbestosis.

Whether someone will develop asbestosis depends on such factors as the intensity and duration of exposure and the person’s age when exposed. Asbestosis slowly progresses and will show no symptoms for 10 to 30 years after the initial exposure. However, there is no known “safe” level of exposure.

The Centers for Disease Control and Prevention said 1,493 people died from asbestosis in 2000, compared with 77 in 1968 (Morbidity and Mortality Weekly Report, CDC, July 23, 2004; http://www.cdc.gov/mmwr/PDF/wk/mm5328.pdf).

Persons occupationally exposed to asbestos have developed several types of life-threatening diseases. There are four main diseases related to asbestos exposure. They are:

. Pleural mesothelioma;

. Peritoneal mesothelioma;

. Asbestosis; and

. Lung cancer.

None of these diseases can actually be cured; however, with various treatments, the patient’s life can be extended.

See our discussion on Mesothelioma for further information.

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