What Is Asbestos Law?

Asbestos law is a part of product liability law that regulates exposure to asbestos products. Asbestos manufacturers are liable for failure to warn of the risk of personal injury and wrongful death from mesothelioma caused by asbestos exposure after a latency period. Work history and secondary exposure evidence can establish liability for asbestosis and lung cancer. Under the discovery rule, the statute of limitations runs from the discovery of the injury and not from occupational exposure. Talk to an asbestos attorney about identifying defendants to file a bankruptcy trust claim. 

If you choose to hire a lawyer, this can be a resource as you consider your questions.

What Is Asbestos?

Asbestos is the name given to several naturally occurring mineral fibers that are flexible and can be pulled into a fluffy material. Because it is heat resistant, the use of asbestos materials used to be common in insulation, fireproofing, and other construction applications.

According to the Centers for Disease Control and Prevention (CDC), there are two general types of asbestos fibers, both of which are dangerous:

• Chrysotile (fibrous serpentine) asbestos: also known as serpentine asbestos, it is sometimes easier for the body to flush out serpentine fibers because they are long and curly;
• Amphibole asbestos: amphibole fibers are straight and short, easy to inhale, and more likely to lodge in organs and tissues.

Get the Top Legal Representation for Asbestos Exposure

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Why Are Asbestos-Containing Materials Harmful?

Asbestos is harmful because the body has difficulty removing the fibers. As the fibers build up, they can cause damage to the cells in the body. Airborne asbestos can also cause lung cancer and mesothelioma—a form of cancer that is caused almost exclusively by asbestos exposure.

The health effects of long-term exposure can take up to 40 years to appear, which means you may not even realize you’re in a dangerous environment. If you think you might have been exposed to asbestos, you might consider visiting a doctor. The asbestos particles cannot be removed, but you may be able to slow the effects.

Where Does Asbestos Exposure Commonly Occur?

Asbestos was a popular building material for many years. It was used in naval ships and many construction materials between the 1930s and the 1980s. It’s generally safe to be around asbestos if the fibers are contained, which means that people who work with asbestos are the most at health risk for exposure as they frequently disturb the fibers. Examples of professions at risk include:

• Asbestos miners;
• Mechanics;
• Electricians;
• Railroad or shipyard workers; and
• Construction workers and workers removing asbestos from older buildings.

What Are My Legal Options for Asbestos Exposure?

The U.S. Environmental Protection Agency (EPA) implements several asbestos laws and regulations aimed at protecting public health, including the Clean Air Act. Similarly, the U.S. Occupational Safety and Health Administration (OSHA) implements laws on asbestos removal and exposure prevention in the workplace.

If you have been exposed to asbestos, your most likely legal path will be to bring a personal injury claim. In these cases, you will sue the company that produced the materials that caused your injury. Your case will likely be based on a legal theory of negligence, which means you will assert that the company did not exercise reasonable care.

You will also want to consider applying for social security disability after a mesothelioma diagnosis. Because this carcinogen moves quickly, your case is likely to be expedited. If you were exposed at work, you may also qualify for workers’ compensation benefits. In some jurisdictions, following one legal path may preclude you from others, so you might find it beneficial to speak with an experienced lawyer about your options.

If you are the spouse or heir of someone who died from asbestos exposure, you might be able to bring a wrongful death lawsuit.

Finding the Right Attorney for Your Needs

It is important to seek legal advice as soon as you are diagnosed with any harmful effect of asbestos exposure because the diagnosis often marks day one of the statutes of limitations. To be successful, you will need to produce proof of your injury or illness and identify where you were exposed. Your lawyer can help you get copies of your medical records and interview any medical providers. Your lawyer can also help you identify where you were exposed and who you can hold liable.

A lawyer will be able to anticipate potential problems with your case and advise you on how to approach them. Your lawyer will also keep track of deadlines and file all the paperwork with the necessary courts and agencies, giving you one less thing to worry about.

Visit the Super Lawyers directory to find an attorney in your area with experience in asbestos cases.