Victims of asbestos exposure can suffer numerous diseases, such as asbestosis and various cancers, including mesothelioma. Asbestos was widely used for many decades in a variety of work and home applications, so you or a loved one have likely come in contact with it, perhaps unknowingly.
At Shrader & Associates, L.L.P., our highly skilled team of asbestos attorneys has a proven track record of results managing cases against big corporations for decades. We bring our specialized knowledge and years of experience to work for you. Contact us today to schedule a free consultation with our nationally recognized asbestos lawyers to learn more about your legal options. We know the importance of meeting our clients in person, and we will come to you within 48 hours.
Asbestos Exposure and How Asbestos Lawsuits Work
According to the National Cancer Institute, asbestos is made up of naturally occurring fibrous materials that have insulating properties. Use of asbestos dates back to the Stone Age, but large-scale application began in the 19th century. Common asbestos-containing products include:
- Car and airplane parts, such as clutches, brakes, and transmissions
- Floor and ceiling tiles
- Insulation around pipes, and other equipment
- Talc
- HVAC
- Manufacturing safety gear
- Gaskets and packing
- Asbestos pipe
- Electrical products
- Equipment such as pumps, valves, strainers, steam traps, condensers, etc.
- Furnaces and boilers
- Home construction
When working with asbestos, its fibers break down and are carried into the air. Exposure at any level can lead to disease or even death.
Jobs Where Workers Were Most Often Exposed to Asbestos
Scientists identified asbestos as a dangerous substance as early as the 1930s, but the companies still continued to expose mesothelioma victims for decades after.
Cases of asbestosis, lung cancer, mesothelioma and other asbestos-related diseases continued to rise, especially among people working in high-heat manufacturing, construction, and other fields, including:
- Asbestos abatement workers
- Asbestos miners
- Brake mechanics
- Ceiling and floor tile manufacturing jobs
- Chemical plant workers
- Commercial and residential construction crews
- Demolition crews
- Drywall installers
- Electricians
- Firefighters
- Heat-resistant textile makers
- Ironworkers
- Metalworkers
- Oil refinery
- Painters
- Pipefitters
- Plumbers
- Power plant workers
- Railroad employees
- Sanitation and maintenance crews
- Sheet metal workers
- Shipyard workers and shipbuilders
- Veterans of the U.S. Navy and other Armed Forces service
- Warehouse workers
- Welders
- Users of talc
- And more
Asbestos fibers can also travel home on clothing, exposing family members who may not have spent time at high-risk work sites. If you or a loved one worked in any of these jobs or others that resulted in asbestos exposure, even for a short time, you may be eligible to seek cancer or mesothelioma compensation for your illness or injury. Our qualified asbestos lawyers can examine your situation and help you decide what to do next.
Filing an Asbestos Exposure Lawsuit – What You Need to Know
We understand that asbestos-related illnesses take time to appear and that you may not have maintained detailed records of your medical treatment throughout your life. A free consultation with our asbestos exposure lawyers can help determine if you have a claim. Mesothelioma is exclusively caused by asbestos exposure and is an especially compelling diagnosis for a lawsuit.
Former and current workers, their family members who were exposed, and those who unknowingly used asbestos-laden products could all have valid claims. Due to the high volume of cases filed, many companies have set up asbestos trust funds to streamline pay out to victims. Your lawyer will investigate all possible avenues for compensation, which may include multiple funds and defendants.
Depending on the specific circumstances of your case, you can seek a wide range of damages, including economic losses (those with a fixed price) as well as non-economic losses (pain and suffering). Although these cases can be challenging to litigate, the large number of successful claims provides a strong basis for building a compelling argument to secure the compensation you deserve. A skilled asbestos exposure lawyer from Shrader & Associates will identify all at-fault parties and gather the evidence needed to pursue your case.
What Your Asbestos Exposure Lawsuit Could Be Worth
Each case will be unique, so it is not possible to accurately forecast your case’s expected value. Your asbestos lawsuit attorney can estimate what the claim is worth based on examining your full range of damages, but the final award is in the hands of the judge and jury.
However, because mesothelioma patients often have decades of related damages, settlements can reach over a million. Common damages our clients request include:
- All doctor bills related to your disease and treatment
- Chemotherapy charges
- Pain and suffering
- Family’s pain and suffering
- Costs for surgery
- Depression and anxiety
- Emotional distress
- Lost income due to disability
- Mental anguish
- Rehabilitation and therapy costs
- Travel expenses for appointments
If you have a family member who died as a result of asbestos exposure, you may be able to file a wrongful death lawsuit to recover certain damages. Your personal injury lawyer can help you understand whether you have a valid claim and how to proceed. Other factors that impact the value of your claim are:
- The extent of your disease or injury
- The type of disease you developed
- The length of time you were exposed
- Any payment limits on an asbestos trust
- The amount and quality of evidence supporting your claim
During your initial free consultation, we will do our best to estimate the value and strength of your claim so that you can decide whether to proceed. As we investigate the details of the case, our valuation may change substantially. We will always keep you informed of all developments and changes related to your claim. Although we cannot guarantee a win or a specific amount, our past work on mesothelioma lawsuits has achieved substantial jury awards for our clients, totaling millions of dollars.
Proving Negligence in an Asbestos Lawsuit
Your asbestos lawsuit will be a form of personal injury claim, meaning that you must prove that the other party’s negligence contributed to your illness.
Your attorney will gather and present all relevant evidence to show four elements of negligence:
- The at-fault party owed you a duty of care to provide a safe environment or product.
- The defendant failed to uphold their duty to you through their actions or inactions.
- You became ill or injured as a direct result of their failure.
- You have financial and personal costs as a result of your injury or illness that should be repaid.
Unlike criminal courts, where the state must show reasonable doubt, civil trials require you, as the plaintiff, to present a preponderance of the evidence. You need a high-quality evidence to demonstrate all four elements of negligence. This allows you to convince the court of liability for your damages. Our attorneys have been obtaining records and evidence for decades. Because of this, we are able to jump on a case and start well ahead because of this.
This evidence can come from a variety of sources, such as:
- Construction blueprints and records for factories, schools, offices, and other buildings
- Expert testimony
- Maintenance and installation records
- Manufacturing design and process documentation
- Medical visit records
- Records of asbestos abatement efforts (or the lack of them)
- Scan and test results
- Subpoenaed statements or evidence from the liable party
- Treatment plans
- Witness statements
Our team of skilled asbestos lawyers will collaborate with medical and forensic experts to analyze and present a compelling narrative of your situation and suffering. We will work to identify all potentially liable defendants to maximize the compensation you could receive, and then persuade the judge and jury that the at-fault parties should be held accountable for your losses.
Common Diseases Resulting From Asbestos Exposure
Asbestos-related illnesses commonly arise after one of two kinds of exposure: occupational and non-occupational. Either way, if victims inhale the fibers over months or years, they can fall victim to mesothelioma, lung cancer, or other illnesses. Occupational exposure happens when a worker is in an asbestos-rich environment every day as part of their job. These individuals can suffer lung damage and debilitating diseases.
It is common to find non-occupational asbestos exposure in those who are family members of workers, residents in asbestos mining or manufacturing areas, or those who enter buildings where asbestos is present. Non-occupational asbestos exposure can also happen through the use of common safety, insulating, gardening, or building products for home projects.
No matter how someone is exposed, they are at risk of developing asbestos-related diseases, including:
- Asbestosis: Inhaling fine asbestos fibers causes tiny scars inside the lungs and esophagus. As the scar tissue builds up over decades, victims lose lung function and struggle to breathe.
- Lung cancer: Although other factors can cause lung cancer, asbestos can be responsible for lung cancer if the person was exposed to asbestos. Lung cancer is especially dangerous because it spreads quickly to other organs.
- Mesothelioma: This cancer is unique in that it is always from asbestos exposure. It is very aggressive, affecting the tissue that lines the lungs, heart, and abdomen (the mesothelium).
In all asbestos cases, the victims deserve compassionate legal representation by lawyers who have a strong background in managing these claims. Your attorney should work with medical experts to gather appropriate documentation and build a compelling case against those responsible for your asbestos-related disease.
Symptoms of Asbestos-Related Diseases and Mesothelioma
One of the most important things to realize about asbestos-related illnesses is that they can take many years to appear. Victims may be exposed to asbestos for decades in their work environment and may mistakenly attribute their symptoms to other illnesses common in older age. Understanding the common symptoms of asbestos-related diseases can help you identify a potential connection between your disease and your exposure.
Mesothelioma can appear in many forms, including pleural (around the lungs), peritoneal (in the abdominal cavity), and pericardial (around the heart). Treatment and prognosis vary depending on the specific location and stage of the disease. While symptoms may differ among different forms of mesothelioma, the Centers for Disease Control and Prevention (CDC) list these common symptoms of mesothelioma and asbestos exposure:
- Chest pain
- Fatigue
- Fever
- Fluid in the lungs
- Muscle weakness
- Painful, labored, or difficult breathing
- Persistent dry cough
- Respiratory complications
- Shortness of breath
- Weight loss
- Wheezing
Many people do not recognize the symptoms related to mesothelioma until the illness is in Stage III or IV. These patients may need years of treatment or die due to their employer’s negligence. You do not have to face this alone. You and your family can seek legal remedies to provide compensation for the harm that you have suffered.
Promising New Treatments for Mesothelioma
While most cases of cancer are treated with surgery, radiation, immunotherapy, and chemotherapy, new drugs and procedures are being developed every day. Clinical trials are currently underway to identify drugs that may delay or prevent the onset of mesothelioma among people at high risk. In addition, new advances in gene therapy can help patients avoid the added risks of undergoing chemotherapy.
In addition to managing your legal case, our team of asbestos attorneys can also connect you with medical professionals who are on the cutting edge of treatment. We are experts in the field and want to provide you with the best supports possible as you manage your illness.
How Our Asbestos Law Firm Can Help With Asbestos Litigation
At Shrader & Associates, L.L.P., our dedicated team is ready to pursue asbestos litigation and secure financial compensation for your illness. The legal process can be complicated by the fact that liable companies may have changed ownership or gone out of business by the time you are diagnosed with lung cancer or mesothelioma.
In many cases, our clients file asbestos trust fund claims, taking advantage of the pools of money set aside by companies to pay out mesothelioma lawsuits. When businesses that have been involved in asbestos-related claims filed for bankruptcy, they were often required to establish trust funds so that victims of their negligence would not be left unable to recover medical bills and other losses.
Our attorneys interpret federal and state laws to protect our clients’ legal rights during cases against asbestos companies, manufacturers, distributors, and others. We ensure that your case is filed before critical deadlines, such as statutes of limitations. Throughout your legal action, your attorney will communicate what is happening and what to expect so you are confident as you seek relief for your damages.
Research and Evidence Are Critical
Your attorney may need to do substantial research to build a powerful legal claim for you. It is important to present as much information as possible to demonstrate to a judge and jury that your illness is due to the defendant’s negligence. Below is just a glimpse of what our asbestos lawyers will perform to build a robust body of evidence:
- Gather documentation on your work history to identify possible asbestos exposure
- Search our extensive records for prior evidence we have of the company we are going after in your case
- Review your medical history for early signs of asbestos-related disease
- Analyze maintenance and installation records
- Review product manufacturing and component histories
- Examine companies documents and evidence
- Speak with witnesses and experts for supporting testimony
- Prepare all evidence for pre-trial negotiations
- Aggressively litigate your case before the court
While asbestos claims fall under personal injury law, the particulars of asbestos-related cases are complicated and require a deep understanding of asbestos-related medical issues. By choosing a law firm that focuses on mesothelioma and asbestos claims, you can feel confident that your legal team brings thousands of hours of experience helping clients with the same concerns you have.
Two of the Main Types of Asbestos Liability
For many asbestos victims, the asbestos exposure happened at work, where the plaintiff used products or equipment that contains asbestos. Companies responsible for putting others at risk can also be held liable for illness in family members since the material was inadvertently transported home by employees. For others who developed asbestos-related illnesses, exposure may have come from products containing dangerous levels of asbestos that were sold to consumers.
There are two types of liability in asbestos claims: premises liability and product liability. In premises liability, the company responsible for using asbestos can be at fault for exposure in the workplace and other locations when the fibers were transported, including communities around factories or other manufacturing plants where asbestos was released into the air.
Product liability addresses the faulty design, manufacture, sale, and distribution of an item that brought harm to its consumers. This can be on the part of individuals who bought the products on their own or those who were exposed when their company purchased the materials.
Experienced Mesothelioma Lawyers
Mesothelioma victims face a difficult battle with their illness and many are diagnosed too late to be able to fully recover. The disease builds over decades of asbestos exposure, often appearing when mesothelioma patients are retired and without the means to pay for the healthcare they need. Instead of facing financial ruin, they can hold the negligent parties accountable with the help of our experienced mesothelioma lawyers.
At Shrader & Associates, we focus on building a strong case when a client receives a mesothelioma diagnosis. Our team has put their knowledge and dedication to work managing hundreds of mesothelioma claims and bringing them to satisfactory outcomes for our clients. Our lawyers work together as a team to ensure your mesothelioma case is as robust and successful as possible.
Facing the debilitating effects of lung cancer or mesothelioma can be stressful for you and your family. When the company responsible is no longer in business, you may feel as if your options are limited. However, our compassionate and accomplished mesothelioma lawyers are ready to listen to your circumstances and do the work required to bring your case to justice. We believe in standing up to big businesses that may try to ignore your needs, and we treat every case with care and integrity.
Contact the Asbestos Lawyers at Shrader & Associates for a Free Case Evaluation
Shrader & Associates, L.L.P. offers the services of a seasoned and tenacious legal team who are committed to seeing your case through to the best outcome possible. We understand that you are busy dealing with your illness and medical care, and our team of experienced trial lawyers is prepared hold negligent parties accountable on your behalf. We stand ready to supply top-tier legal help.
Starting with a free case review, we focus on collecting the information required to establish liability and support for your compensation claims. For over two decades, our attorneys have worked on the premise that our clients are not simply case numbers, but individuals who deserve the highest quality service we can provide. We believe in building the attorney-client relationship by cultivating trust and confidence in our ability to handle your claim. Our attorneys will come to you within 48 hours to walk you through your case in person.
We serve clients who have developed asbestosis, lung cancer, mesothelioma, and other asbestos-related diseases across the United States. Use our online form or call us to schedule a free consultation. When you speak with our nationally acclaimed asbestos lawyers, you will find concerned and capable people who are dedicated to obtaining justice for you.