Asbestos Claims And Litigation - Mesothelioma, Asbestosis And Cancer
Asbestos Claims And Litigation - Mesothelioma, Asbestosis And Cancer
Asbestos litigation is described by lawyers and judges as a "mature" tort in the sense that modern asbestos related claims have been litigated for over thirty (30) years. In fact, one of the founding partners of Ashcraft & Gerel, Martin E. Gerel, first successfully represented an asbestos victim in 1967. Today our lawyers represent thousands of asbestos and mesothelioma victims and their families in law suits in both the State and Federal Court systems.
There are four (4) separate and distinct asbestos related diseases and/or disease categories: Mesothelioma, lung cancer, other cancers and asbestosis . Each of these diseases develops slowly over many decades from first exposure to asbestos.
- MESOTHELIOMA - Mesothelioma is the most devastating of the asbestos related disease processes and invariably results in death. Mesothelioma is a malignant tumor that attacks the pleura or the peritoneum, which are the thin membrane linings that surround the lungs and the abdominal cavity, respectively. Malignant mesothelioma is virtually always the result of asbestos exposure.
- LUNG CANCER - This involves a malignant tumor that originates in the lung tissue (parenchyma), and, as with any malignancy, it involves a life threatening disease.
- OTHER CANCERS - Workers exposed to asbestos, simply by breathing or swallowing, inhale or ingest asbestos fibers into the respiratory and gastrointestinal tracts. Medical studies have linked certain cancers that originate in the throat such as pharynx, larynx or esophagus or, in the stomach, colon-rectum, with previous occupational asbestos exposure. It is important that the lawyer handling an asbestos claim, whether it is a mesothelioma case or an asbestosis case, be fully knowledgeable on the details of the workers' trade or occupation.
- ASBESTOSIS - This is lung scarring or fibrosis caused by microscopic size asbestos fibers that are deposited in the small airways of the lungs. The symptoms of asbestosis include shortness of breath, dry cough and fatigue. Asbestosis impairs the gas exchange, that is, scar tissue in the lungs prevents the transfer of oxygen into the blood stream and, in advanced cases, may result in death.
Asbestos In Shipyards, Steel Plants, Powerhouses, Construction Trades:
Ashcraft & Gerel's lawyers regularly represent clients who had asbestos exposure in the shipyards during World War II, as well as clients who were exposed to asbestos in steel plants, powerhouses and in the construction trades. Many of our younger clients who were first exposed in the late 1960's to early 1970's are just now being diagnosed. If you or a loved one had significant occupational or "para-occupational" exposure resulting in asbestos related lung disease, you need a lawyer right away. Our attorneys have been successful in showing that mesothelioma in family members of workers exposed in their jobs may well be related to household exposure, such as laundering contaminated work clothes. We urge you to act quickly to contact an attorney to protect your rights.
One of the many difficulties an inexperienced attorney may have in presenting an asbestos claim is in the area of product identification. The law requires that the lawyer prove the brand name and manufacturer of the particular asbestos products involved in causing his client's mesothelioma, cancer or asbestos disease. The passage of time makes it difficult for many clients to identify the specific brand name of an asbestos product that may have been present many years earlier on a job site. Our attorneys have developed an extensive database of product identification materials, including photographs, at thousands of job sites, not only throughout the states in which our offices are located, Maryland (MD), Virginia (VA), and Washington, DC (District of Columbia), but at major industrial centers across the country. We have developed long term working relationships with other law firms and lawyers that represent asbestos victims nationwide, and we share product identification information.
Even if you no longer reside in Maryland (MD), Virginia (VA), or Washington, D.C. (District of Columbia), if you previously worked and were exposed to asbestos at any job site located in those states, our lawyers may well be able to file your claim here and obtain a settlement. Also, in at least one of these jurisdictions we have a favorable statute of limitations that may permit the lawyer to file personal injury and wrongful death claims within three (3) years of when you knew or should have known that you have an asbestos-related disease. This is usually the date of communication of diagnosis by a doctor to the patient.
In some serious cases, where the worker dies from mesothelioma or asbestos-related lung cancer, our attorneys can successfully pursue to settlement or judgment wrongful death claims for the surviving spouse and dependents up to ten (10) years from the date of death, based upon a special statute.
If you need an attorney in a state other than Maryland (MD), Virginia (VA), or Washington, DC (District of Columbia), depending on the particular case, we may be willing to accept your claim and associate with a local lawyer in your area. And even if it is a claim that we cannot ourselves take on and settle, if you need help finding an attorney in your state, we can help. We have an extensive network of attorneys across the nation with whom we've worked or consulted on asbestos, cancer and mesothelioma cases over the years, and we may be able to make a referral.
At Ashcraft & Gerel we take great pride in the accomplishments of our lawyers in the field of asbestos litigation, not only for the relief in the form of millions of dollars in settlements and judgments the attorneys have provided to the victims of asbestos and their families, but also for the benefit to society as a whole which has resulted from the pressure created by asbestos law suits to perform asbestos abatement in the many buildings and other structures still containing this dangerous product. If our attorneys can answer any questions for you, please do not hesitate to telephone us (toll free 1-800-829-7037), email us or complete the form on our help page .
