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Asbestosis and Toxic Tort

“The best of wages will not compensate for excessively long working hours which undermine heath.”
Supreme Court Justice Louis Dembitz Brandeis

Brandeis: The Personal History of an American Ideal

Living With Asbestosis

You go to work with the hope of being able to support your family only to be told that you have a disease that will take money away from you and your family – and possibly take your life. Chad Pinkerton works on behalf of clients who have been diagnosed with asbestosis to seek redress for their injuries in order to secure a future free from financial insecurity.

Asbestosis Defined

According to the Centers for Disease Control (CDC), asbestosis is:
A serious, progressive, long-term disease of the lungs. Asbestosis is not a cancer. Inhaling asbestos fibers that irritate and inflame lung tissues, causing the lung tissues to scar, causes asbestosis. The scarring makes it hard to breathe and difficult for oxygen and carbon dioxide pass through the lungs. Asbestosis generally progresses slowly. The latency period for the onset of asbestosis is typically 10-20 years after the initial exposure. The disease can vary from asymptomatic (no symptoms) to disabling and potentially fatal.

Employees who worked in mining, construction, fire-proofing, paints and plastics production and brake and clutch linings production – mostly in the early to mid-70’s – may have been exposed to high levels of asbestos. Also, asbestos may be found in older floor tiles, roof shingles, cement, automotive brakes and insulation materials.

Risk factors for asbestosis include exposure concentration of the asbestos fibers, time period of exposure, how often exposure occurred, presence of pre-existing lung disease, and smoking. The asbestos world is highly-regulated at this point, so exposure has dropped.

Although not always fatal, asbestosis can lead to two types of cancer, which quite often are fatal. They are lung cancer and Mesothelioma. The costs of living with lung disease of any sort can soar – even if you have insurance. Proper representation will enable you to protect your rights under the law if you are affected by asbestosis.

The Law

Suing for asbestos exposure is a toxic tort cause of action, and the statute of limitations is two years from diagnosis. Once diagnosed, it is extremely important to seek legal representation so your legal rights can be appropriately protected.

Money Damages

Recovery of money in a toxic tort case can include present and future medical bills, and depending on the facts of the situation, mental pain and suffering damages, lost past and future wages, permanent impairment/disfigurement, punitive damages, wrongful death damages and loss of enjoyment of life.