Asbestos Exposure

Asbestos refers to a group of six naturally occurring silicate minerals once widely used in industrial, commercial and residential applications because of their heat resistance, tensile strength and insulating properties. 

Asbestos fibers are invisible to the naked eye. When disturbed, they can become airborne. Once inhaled, they may become lodged in the lungs or other tissues and cause permanent damage. There are many reasons why asbestos is so dangerous to humans.

• Heat-resistant but toxic: Despite being promoted for use in fireproofing, insulation, cement, roofing materials, automotive parts and shipbuilding, asbestos is now recognized as a toxic substance.
• Linked to fatal diseases: Long-term exposure to asbestos fibers can cause mesothelioma, a rare cancer that affects the lining of internal organs. It can also cause lung cancer and asbestosis, a progressive lung disease.
• No safe level of exposure: The U.S. Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) state that there is no safe level of asbestos exposure. Even limited or brief exposure can be harmful.

In many cases, companies failed to warn workers or consumers of the dangers despite mounting medical evidence in the mid-20th century. Today, asbestos is still not fully banned in the U.S. However, its use is heavily restricted by agencies like the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA).

Understanding how asbestos exposure occurs can help identify the parties responsible and build a strong legal case. Most people were exposed decades ago, often without their knowledge.

• Environmental exposure: Communities near asbestos mines, refineries, power plants, and shipyards may experience exposure through the air or soil, particularly when asbestos-containing materials deteriorate over time or are disturbed during demolition.
• Household exposure: Also known as secondhand or take-home exposure, household exposure occurs when workers unintentionally carry asbestos fibers home on their clothing, skin or tools, exposing family members. This has led to serious health conditions among spouses and children.
• Product-based exposure: Asbestos was a component in numerous consumer and industrial goods, including brake pads, ceiling and floor tiles, insulation, cement, roofing shingles and talcum powder.
• Workplace exposure: Occupational exposure is the most common route, particularly among construction workers, pipefitters, shipyard workers, boiler operators, machinists, utility workers and veterans. Many of these trades involved regular handling of asbestos-containing products.

Asbestos exposure is associated with several life-threatening diseases. Because symptoms often take decades to appear, many victims are diagnosed late in life, long after the initial exposure occurred.

Mesothelioma 

A rare and aggressive cancer that forms in the lining of the lungs (pleural mesothelioma), abdomen (peritoneal mesothelioma) or heart (pericardial mesothelioma). Nearly all cases are linked to asbestos exposure. Symptoms may include chest pain, shortness of breath and fluid buildup. Most patients survive less than two years after diagnosis.

Lung cancer 

Individuals exposed to asbestos face a significantly elevated risk of developing lung cancer. Asbestos-related lung cancer may be misdiagnosed or linked to other causes without a detailed exposure history.

Asbestosis 

A chronic, non-cancerous lung condition caused by inhaled asbestos fibers that lead to scarring of lung tissue. Symptoms include shortness of breath, persistent coughing and chest tightness. Asbestosis increases the risk of developing lung cancer and mesothelioma.

Other risks 

Research also links asbestos exposure to cancers of the larynx, ovary, stomach and colon. The International Agency for Research on Cancer (IARC) classifies all forms of asbestos as carcinogenic to humans.

Yes, Motley Rice asbestos lawyers are reviewing potential legal claims involving people who were diagnosed with mesothelioma after being exposed to asbestos. These lawsuits help hold asbestos companies accountable for negligence and failure to warn. 

To qualify for an asbestos lawsuit, claimants typically must provide:

• Medical documentation confirming a diagnosis of mesothelioma.
• Exposure history identifying where, when and how they came into contact with asbestos-containing materials.
• Timely filing within the applicable statute of limitations, which varies by state and may start upon diagnosis or discovery of the illness.

An asbestos attorney may be able to help you establish a connection between your illness and a specific product, employer or job site.

What are the types of asbestos exposure claims?

Several avenues for seeking compensation are available through an asbestos lawsuit, an administrative claim or a bankruptcy trust.

• Bankruptcy trust claims are filed with asbestos trusts created to pay victims. More than 100 companies that historically used asbestos have since filed for bankruptcy and created a trust to manage claims. These claims are processed administratively and often provide compensation on a sliding scale based on disease severity. Some people may be eligible to file bankruptcy trust claims and lawsuits against different defendants.
• Individual lawsuits are filed directly against companies that manufactured, supplied or installed asbestos products. These cases are highly fact-specific and often involve expert testimony and historical research.

Understanding asbestos lawsuit requirements can help victims determine what documentation and deadlines apply to their cases. If successful, these lawsuits can provide financial relief for the substantial costs and losses associated with asbestos-related illnesses. Each case is different, but compensation can include:

• Medical costs such as surgeries, chemotherapy, radiation, immunotherapy and hospice care. Many victims require ongoing palliative care to manage symptoms.
• Lost wages to provide income replacement for time off work due to illness, including loss of future earnings and pension benefits.
• Pain and suffering damages to compensate for physical pain, emotional distress, loss of independence and diminished quality of life.

Surviving family members may be eligible to file a wrongful death lawsuit for funeral expenses, loss of companionship, and other damages when a loved one dies because of asbestos exposure. Motley Rice asbestos lawsuit attorneys have handled hundreds of complex cases, including:

• Representing industrial workers in West Virginia, including employees at chemical plants and utility facilities exposed to asbestos on the job
• Serving as U.S. counsel for Canadian provincial workers’ compensation boards, helping Canadian workers recover from non-employer U.S. parties
• Handling claims from 9/11 responders and volunteers exposed to asbestos and toxins at Ground Zero, through the Victim Compensation Fund (VCF)
• Negotiating structured settlements with bankrupt asbestos manufacturers and filing bankruptcy trust claims for clients harmed by asbestos companies that have reorganized under Chapter 11
• Litigating product liability and secondhand exposure cases involving asbestos-containing materials such as insulation, brake pads and asbestos-contaminated talc

Motley Rice attorneys have been pioneers in asbestos litigation for decades, representing thousands of individuals and families harmed by asbestos exposure. Our legal team helped uncover corporate knowledge of asbestos dangers and holds companies accountable through personal injury, wrongful death and product liability claims.

We continue to litigate asbestos cases nationwide, often taking them all the way to trial when necessary. Whether filing an asbestos lawsuit or trust claims, our team brings deep experience and dedication to each asbestos case. Our firm understands the long-term toll asbestos exposure can take not just on the individual, but on entire families.