Asbestos is a natural mineral that is an effective, flame-resistant insulator, so prior to the 1980s, it was used in many kinds of building materials. As many are well aware of now, though, exposure to asbestos can cause cancer. The most common form it causes is mesothelioma, which affects the membrane lining your chest and abdomen, as well as similar tissues elsewhere in the body.
Despite our collective knowledge on the matter today, there was already evidence that asbestos was toxic as far back as 1930; asbestos companies, therefore, knew that they were exposing employees and consumers to what was, in fact, a highly dangerous material, but they hid the truth and proceeded along anyway because of its supposed benefits.
As such, if you or a loved one have been diagnosed with mesothelioma as a result of asbestos exposure, you may be entitled to compensation, and the Jersey City mesothelioma lawyers at Garces, Grabler & LeBrocq can help guide you through the entire personal injury claims process.
Types of Mesothelioma Claims
Not all mesothelioma claims are exactly alike, though broadly speaking, there are three main types of asbestos claims, which are as follows:
Exposure to asbestos is the main cause of mesothelioma, with many being initially exposed to the material through their work; for instance, they may have been employed by asbestos suppliers, manufacturing plants that used asbestos as a raw material, or simply exposed to asbestos without protective equipment.
Be that as it may, not all mesothelioma claims are a result of workplace exposure; if a person were exposed to too many asbestos-containing products, they may develop mesothelioma later in life.
Unfortunately, that was certainly a possibility for many throughout the 20th century, as many common products (especially those made from the 1930s to the 1970s) contained asbestos, such as:
Floor and ceiling tiles
Insulation
Talcum powder/baby powder
Roofing shingles
Car brakes
Various types of spray coatings
If you develop mesothelioma from asbestos exposure, you may find yourself facing unexpected medical bills and lost wages — not to mention considerable emotional and physical pain — but if you file a personal injury claim, you may receive a settlement from the business responsible for your exposure. A settlement can help you and your family cover everyday expenses as you focus on treatment and healing.
Even if you are too ill to file a personal injury claim on your own, it’s still worth scheduling a consultation with a mesothelioma lawyer in Jersey City, as they may be able to file the claim on your behalf.
Mesothelioma can be deadly if undetected and subsequently untreated. If your loved one has died from mesothelioma, you may be eligible to file a wrongful death claim, which can help you and other surviving family members feel more financially secure in a number of ways, such as:
Covering any medical bills incurred before your loved one’s death
Covering burial and funeral costs
Replacing the future income your loved one would have earned
A mesothelioma lawyer can help you determine whether you’re eligible to file a wrongful death claim; if you’re eligible and end up receiving a settlement, your attorney will usually handle the distribution of the payout. Some families choose a one-time lump sum payout, but others prefer to receive the money in several installments.
When companies who used asbestos first began facing mesothelioma lawsuits, many of them started declaring bankruptcy; that said, in many cases, these companies weren’t actually out of money — it’s just that declaring bankruptcy was a strategic move to split the company and shield its assets.
In response, and to ensure mesothelioma patients could receive the financial support they deserve, the courts ruled that bankrupt asbestos companies must create trust funds to pay out current and future mesothelioma claims.
In most cases, all you need to file a trust fund claim is to prove that you have an asbestos-related disease and that you were exposed to a given company’s products; if you were exposed to asbestos-containing products from multiple companies, you might be able to file claims with more than one trust.
The process might sound complex, but it does have one key advantage: Claims against bankruptcy trusts often pay out more quickly than claims against existing, non-bankrupt businesses.
How Does Mesothelioma Affect Victims?
Many cases of mesothelioma manifest as a result of inhaling asbestos fibers, even if you’re only exposed once. These small, airborne fibers can easily make their way into the pleura — or lining — of your lungs. That said, these fibers don’t cause cancer right away; in many cases, people don’t develop mesothelioma until 20 to 60 years after their initial exposure.
The fibers cause inflammation at first, which may eventually create cancer cells. As they multiply, they can cause fluid to build up between your lungs and your chest wall; if enough accumulates, you might start to experience shortness of breath.
As is the case with other cancers, mesothelioma can progress rapidly; if you don’t seek treatment soon enough, it can spread to your lymph nodes and beyond.
Symptoms of Mesothelioma
Because mesothelioma can progress so quickly, it’s wise to monitor yourself for symptoms, especially if you know you’ve been exposed to the material in the past.
Symptoms can vary, but if mesothelioma has affected your lungs, you’ll usually notice the following:
Chest pain
Trouble breathing
Small lumps of tissue under the skin of your chest
Shortness of breath
A dry cough that doesn’t let up
A feeling as though there’s something stuck in your throat
Unexplained weight loss
Swelling in your arms and face
Unfortunately, mesothelioma often doesn’t cause symptoms until it is fairly advanced; a tumor needs to grow to a certain size in order to cause problems.
Different Kinds of Mesothelioma
The most common form of mesothelioma forms in the area surrounding your lungs, but there are, in fact, a few other types.
While these forms of mesothelioma are less common, they can still develop after exposure to asbestos:
Peritoneal Mesothelioma: Inflames the lining of the abdomen; can cause abdominal pain, swelling, and nausea
Pericardial Mesothelioma: Inflames the lining around the heart; can cause chest pain and trouble breathing
Mesothelioma of Tunica Vaginalis: Inflames the tissue around the testicles; may cause a lump or mass
Just as with pleural mesothelioma, the symptoms of these types of mesothelioma aren’t specific to the disease, so when in doubt, see a doctor; it’s always better to detect mesothelioma sooner than later.
For decades, asbestos was everywhere; it could be found in many kinds of building materials, as well as in an alarming number of workplaces. That said, people working in certain industries were more likely than others to be exposed to toxic levels of asbestos.
The following occupations are at particular risk:
Refinery workers
Shipyard workers
Military personnel (especially those in the U.S. Navy)
Welders
Pipefitters
Roofers
Tile setters and floor covering workers
Electricians
Drywallers
Merchant marines
Millwrights
Construction workers
Vermiculite processors
Demolition workers
Car mechanics
Building inspectors
Ironworkers
General laborers
Maintenance workers
Painters
Longshoremen
Even if you aren’t experiencing any particular signs or symptoms of mesothelioma, working in one of these fields makes it a good idea to seek out medical professionals specializing in mesothelioma. If you aren’t sure how to find the right medical professionals, a mesothelioma lawyer in Jersey City can help.
Jersey City Workplaces Known to Have Used Asbestos
Unfortunately, because Jersey City has a historically industrial economy, there are many places where employees would have been exposed to asbestos:
Westinghouse Electric Corporation
American Can
Western Electric Company
Barnes Manufacturing Company
U.S. Gypsum Company
Central Railroad of New Jersey
Standard Asbestos Company
Chemical Manufacturing Co.
Port of New York Authority
Colgate Palmolive
Passaic Zinc Works
Empire Ace Insulation Manufacturing Corp.
Mutual Chemical Company
Morris Basin Drydocks
Erie Lackawanna Railroad
Eureka Fire Hose Manufacturing Company
Merchants Refining Company
Hudson Powerhouse
Jersey City Paper Company
Joseph Dixon Crucible Company
If you’ve worked at any of these locations — especially between the 1930s and the 1970s — you may be at risk.
Second-Hand Asbestos Exposure
Working in an environment with asbestos isn’t the only way to be exposed to this toxic mineral. Just as non-smokers can develop health problems from secondhand smoke, people whose family members worked with asbestos (or currently work in a building known to have once harbored asbestos) may develop mesothelioma themselves.
Small asbestos fibers can catch onto clothing and hair and be re-released into the air later on, causing loved ones to inhale them. Even though family members aren’t exposed to as much asbestos as their loved ones are, they’re still at risk for mesothelioma.
Notably, Jersey City residents might have been exposed to asbestos another way: when buildings collapsed during the 9/11 terrorist attacks, toxic materials were released into the air as they crumbled — asbestos being one of them. As such, if you were a Jersey City resident working in New York on or in the days and months following September 11, 2001, you might be at risk of mesothelioma.
Do I Need to Have a Mesothelioma Diagnosis to Contact a Lawyer?
Many people mistakenly believe that you must already have a mesothelioma diagnosis to work with a Jersey City mesothelioma attorney, but in actuality, that is rarely true.
If you live in Jersey City and believe that you’ve been exposed to asbestos, you should get in touch with a lawyer; even if they determine you don’t have a case, they can at least point you toward reputable medical professionals who can help you monitor your health for any signs of the condition.
How Can Mesothelioma Lawyers Help?
When selecting a lawyer to represent you, don’t just pick anyone. If you want to increase your chances of getting a fair settlement, look for a law office that’s experienced in asbestos cases.
Additionally, don’t avoid seeking out a consultation just because you think you can’t afford a lawyer; at most personal injury law offices, including Garces, Grabler & LeBrocq, lawyers work on contingency, which means that you’ll pay nothing upfront, and will only pay if we win your case. You have nothing to lose by booking a free consultation.
Mesothelioma lawyers in Jersey City do much more than just represent you in the courtroom; here’s an overview of how a good mesothelioma lawyer can help you get the compensation you deserve.
Building Your Case
As with any other legal matter, you and your lawyer will need evidence to support your claim. Once you tell your lawyer how you think you were exposed to asbestos, they’ll get to work gathering proof.
For example, if you say that you worked at a business known for asbestos exposure 20 years ago, your lawyer might obtain proof that you worked there and that the workplace exposed you to asbestos. They also might compile a list of asbestos claims successfully filed against the company to bolster your case.
Filing Lawsuits
If the company responsible for your asbestos exposure is still in business, your lawyer can file a lawsuit against it. If it has already declared bankruptcy, your lawyer may file a claim against the relevant asbestos bankruptcy trust fund.
Unfortunately, many people who were exposed to asbestos were exposed by more than one company; if you’re one of these people, your lawyer may file multiple lawsuits or claims.
Negotiating a Settlement
Trials are long and expensive, so it’s usually in the best interests of both parties to resolve a lawsuit with a settlement, which means that your legal team and the asbestos company will agree on a fair sum. The company will pay you, and you’ll agree to drop the lawsuit and not seek further legal action against them.
Asbestos companies and their insurance companies will try to pay as little as possible, but given that Jersey City mesothelioma lawyers have plenty of experience negotiating, they may be able to convince the opposing side to increase the settlement amount quickly.
Representing You at Trial
Very few mesothelioma cases go to trial, but if your legal team and the opposition can’t agree on a settlement amount, your case might make it to the courtroom.
As is the case with criminal trials, both sides will need legal representation. If your case goes to trial, your lawyer will present evidence in an effort to prove that the asbestos company in question was responsible for your exposure to asbestos.
Nevertheless, these proceedings comprise a civil trial, so unlike a criminal trial, the defendant (the asbestos company) won’t be sentenced to prison time or convicted if they’re found guilty. Instead, the court will order them to pay you a certain amount of money.
Helping You Find Other Ways to Get Compensation
If you don’t win your case (or if the amount you’re awarded isn’t enough to cover the expenses you have), you might find yourself in need of additional support. Fortunately, a reputable mesothelioma lawyer can continue to help.
Lawsuits and trust fund claims aren’t the only way to receive compensation to offset medical costs, lost wages, and other expenses associated with mesothelioma. Your lawyer might be able to discuss other options, such as:
Medicare
Medicaid
Social Security Disability Insurance (SSDI)
VA benefits
You may be eligible for assistance from the programs above; your lawyer will be able to look over your case and determine your eligibility.
Retain a Jersey City Mesothelioma Attorney
Grappling with a mesothelioma diagnosis can feel overwhelming, but there is hope. At Garces, Grabler & LeBrocq, we’re committed to getting justice for injured people. Our Jersey City mesothelioma lawyers have experience helping people like you find financial security as you focus on treatment and healing. We have recovered more than $1 billion and counting for our clients.
Mesothelioma is a disease that has already caused untold suffering for millions of Americans, and negligent asbestos companies must be held accountable. If you or a loved one has been diagnosed with mesothelioma, contact us online or call 1-866-922-1716 today for a free consultation.
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