Lung Mesothelioma – Legal Aspects and Litigation
Lung mesothelioma is a dangerous killer disease that is caused by exposure to asbestos dust, in a workplace or otherwise. Asbestos is widely used in construction industries, shipyards, boiler constructions, etc. The workers working in these areas come into contact with asbestos particles and asbestos dust on a regular basis. This surely leads to lung mesothelioma. When the disease develops, the patient can die.
The inhaled asbestos particles get caught in the human lungs. The asbestos fibers scar the lung tissues and decrease the lungs’ capability to breathe in and out sufficient oxygen. This causes chronic coughing and difficulties in breathing. There might also be some chest pain. It should be noted that there is no known confirmed cure for lung mesothelioma. It can be controlled only to some extent.
Laws and regulations controlling the use of industrial asbestos have been put in place recently. The US Occupational Safety and Health Act (OSHA) now makes it compulsory for employers to provide protection masks to workers coming into contact with asbestos particles at work. But this deadly substance may have come into contact with current sufferers of lung mesothelioma before.
When you or your family member has contracted lung mesothelioma, and there is reason to believe that occupational exposure to asbestos is the likely cause, then you may be eligible for an asbestos litigation claim. You should consult a good asbestos attorney immediately, to start a likely litigation process against the employing company. This is because the company has a duty to protect the health of its workers. If it is proved that the company caused the lung mesothelioma because of inadequate workplace safety precautions, then the company is liable to pay compensation claims. There have been many cases of compensation claims that have been filed due to lung mesothelioma, against many employers. In almost all the cases, the judgment has been in favor of the litigants.
Asbestos fibers are very small and can only be seen under a microscope. They are odorless, colorless and tasteless. It is possible that the workers coming into contact with asbestos particles may not even know about the deadly substance and its likely effects.
Companies that deal with asbestos in their business are now required to take out workmens’ insurances to protect against asbestos exposure. But this is a recent regulation and so patients who are currently suffering from lung mesothelioma may have been exposed to asbestos as far back as 1975. This is because lung mesothelioma has a long incubation time, sometimes up to 35 years after asbestos exposure.
An asbestos law firm or asbestos attorney can advise you whether you have the right to file an asbestos lawsuit. Be careful of the time limits however. The time limits before which an asbestos claim needs to be filed may vary from state to state. So it is best to consult with your asbestos attorney what this time period is, before the litigation can be started.
Asbestos exposure can also cause diseases other than lung mesothelioma. These are asbestosis and lung cancer.
In this article we have looked briefly at the litigation and law options available if you or your loved one is suffering from or died because of lung mesothelioma.
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