FAQ’s
At a minimum, what is needed to file an asbestos lawsuit or claim?
At a minimum, in order to have a potential claim, an individual needs to have two things: 1) Exposure to asbestos; and 2) diagnosis of an asbestos-related disease. Most of us have been exposed to asbestos in our lifetime whether we were exposed in schools, the workplace, family homes, military sites or government sites. However, (and thankfully), not everyone who is exposed to asbestos gets sick or develops an asbestos disease. The most serious asbestos disease is mesothelioma. An individual diagnosed with mesothelioma has the strongest claim since the only known cause of mesothelioma is exposure to asbestos. Those diagnosed with lung cancer or asbestosis MAY have a claim against the asbestos industry, but bankruptcies of companies, various state laws, other health ailments and other factors will play into the determination. Many asbestos lawyers only file mesothelioma claims.
What if I do not know where I was exposed to asbestos?
Many people do not know the variety of ways one could be exposed to asbestos. Some are exposed to asbestos directly by products they use in the workplace. Others work with or around others handling asbestos products. Still others worked as auto mechanics (brakes/clutch disks had asbestos) and were exposed. Others never worked or handled asbestos but did the laundry of their spouse who handled asbestos. There are so many different ways one could be exposed to asbestos. Even if you do not know how you were exposed, our experts can help you make the determination.
I have excessive coughing and worked with asbestos—am I eligible for compensation?
Many things can cause coughing including various infections, smoking cigarettes, exposure to fumes and chemicals. Specific medical tests can help determine if medical problems are asbestos related (see below). Individuals who call our office with these symptoms are requested to see a local pulmonary specialist to help us determine if the problems are asbestos related.
What test should I take to determine if my breathing problems are asbestos-related?
At a minimum, BOTH a chest x-ray and a pulmonary function test are needed to determine if problems are asbestos related. Just a chest x-ray is typically not enough. In addition, a high resolution CT scan can help determine if a problem is asbestos-related. And of course, if a problem is more serious, a needle or surgical biopsy can determine if a disease is cancerous.
What if I was exposed to asbestos only in the 1940′s or 1950′s?
Asbestos injuries can take between 15 and 60 years to develop after someone is exposed to asbestos. How the disease develops in each person can vary. Some are exposed to asbestos for a short time (say in the 1940′s) and get sick and some work with asbestos for their entire lives and never show any signs of disease. My office has represented clients exposed to asbestos in the 1930′s through the 1980′s.