Asbestos Exposure Lawsuits

While the dangers of asbestos have been known for decades, countless Americans are still exposed to it and still getting sick from it. This article answers frequently asked questions about asbestos, how people can be exposed to it, the harm asbestos can cause, and what to do if you have been exposed to asbestos.

If you believe you or a loved one has been exposed to asbestos, you should contact a lawyer with experience in asbestos litigation. While many have been able to recover compensation for their exposure to asbestos, it is a complex process. An experienced personal injury lawyer will be able to protect your rights.

Where Is Asbestos Found?

Asbestos has been used in various industries, U.S. Navy shipyards, and products in the United States for decades. Despite the hazards being well-known for decades, the U.S. Environmental Protection Agency (EPA) is only taking final action to ban the product in 2024.

Some examples of products that contain asbestos include:

• Building materials, like cement and plastics
• Heat insulation and fireproofing
• Brake shoes and clutch pads in vehicles and airplanes
• Surfacing materials like the acoustic material on the ceilings of many homes, schools, and other buildings
• Thermal insulation around boilers, pipes, and duct systems
• Floor tile
• Electrical panel insulation
• Talcum powder
• Caulking

What Should I Do if I Have Been Exposed to Asbestos?

Asbestos exposure can happen in many ways, including:

• Working with or working near others who work with asbestos or asbestos-containing products
• Living with family members who work with asbestos bring home asbestos particles in their skin, hair, and clothing
• Living or working in old buildings where renovation or demolition disturbs asbestos-containing products in pipe coverings, shingles, flooring, and thermal products

Asbestos exposure usually happens by inhaling asbestos dust. If you’ve been exposed to asbestos, you must tell your doctor! Even if you don’t feel sick, people usually don’t show any signs of asbestos-related diseases like mesothelioma or lung cancer for 10 to 20 years or more after exposure. A doctor can order a chest x-ray, lung function tests, and other screenings to determine if you have any asbestos-related illnesses or health problems due to asbestos exposure.

If you have already developed health problems from asbestos, you may have a legal claim depending on the circumstances of your asbestos exposure. An attorney can tell you what legal options may be available for your situation.

What Diseases Are Associated With Asbestos Exposure?

Asbestos exposure can lead to several serious diseases that usually affect the lungs and the membranes surrounding the lungs. These diseases include:

• Asbestosis: This disease causes scarring — or fibrosis — of the lungs. The scarring makes breathing difficult and often leads to a persistent cough. Asbestosis occurs many years after long-term exposure to asbestos fibers.
• Lung cancer: Asbestos exposure can also cause lung cancer. Additionally, asbestos also increases the risk of lung cancer for smokers and others more susceptible to lung cancer.
• Mesothelioma: A rare but aggressive form of cancer that primarily affects the lining of the lungs (pleura) but can also target the lining of the abdominal cavity and other organs. Mesothelioma is directly linked to asbestos exposure and can take 20 to 50 years to develop after the first exposure. There are many types of mesothelioma.
• Other diseases: Asbestos exposure has also been linked to cancers like colon, uterine, stomach, and ovarian cancer. Asbestos can also affect the pleura — the membranes surrounding the lungs — and lead to pleural plaque, pleural thickening, and pleural effusions, causing difficulty breathing.

How Much Compensation Can I Get for Asbestos Exposure?

The amount of financial compensation awarded to victims of asbestos exposure and mesothelioma depends significantly on the facts of each lawsuit. Asbestos and mesothelioma cases usually involve people who have died or suffered more severe injuries than others. But like any personal injury lawsuit or product liability claim, the amount you can recover from an asbestos lawsuit will depend on many factors.

For example, some plaintiffs in mesothelioma lawsuits have received hundreds of millions of dollars, while others have received much smaller sums. Most asbestos cases settle for far less. The amount of damages also depends mainly on the defendant’s assets. Even bankrupt companies that have been out of business for a long time may still face payouts to asbestos victims. An asbestos exposure lawsuit is often paid through asbestos bankruptcy trusts established decades ago in anticipation of litigation.

Generally speaking, lawsuits alleging asbestos-related illnesses seek financial compensation like:

• Compensatory damages: These cover medical bills, lost income, pain and suffering, and other damages.
• Punitive damages: A judge or jury may impose these on defendants to punish them for particularly willful, reckless, or egregious conduct.

Compensation will also depend on whether your lawsuit is a personal injury lawsuit or a wrongful death lawsuit. Mesothelioma compensation usually takes the form of wrongful death claims, as the disease is nearly always fatal for mesothelioma patients.

An asbestos claim also relies on your work history, the amount of time you worked with asbestos-containing products, how well you can recall the names of the asbestos manufacturers, asbestos product manufacturers, and your exposure history. Claimants and asbestos victims need to prove their exposure.

Get a Lawyer’s Help

An asbestos lawyer will be able to talk to you about your options for legal action, the statute of limitations, asbestos law in your area, the types of lawsuits available, typical trial verdicts in your area, and your eligibility. There may be an asbestos trust fund that you could access, or it may be possible to join a class-action lawsuit.

Contact a local and experienced mesothelioma lawyer if you believe your or a loved one’s illness was caused by asbestos exposure.