1)
In what job sites and work environments have asbestos-related
problems arisen?
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Asbestos lawsuits have occurred in many settings,
among them: shipyards, apartment developments, manufacturing,
chemical and power plants, underground utility facilities
and construction sites, to name a few. More recently,
school buildings throughout New York City are places
reported to contain potential asbestos products.
2)
Who is affected by asbestos exposure?
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Illness from asbestos exposure can affect almost
anyone. Primarily, though, asbestos diseases are
prevalent in school custodial engineers, shipyard
workers, factory workers, construction workers,
particularly carpenters, painters, dockbuilders,
sheet metal and iron workers, steamfitters, asbestos
removers, plumbers and utility company employees.
Asbestos affects both active and retired workers
in these job fields.
3)
What is meant by the term "Statute of Limitations,"
and what is the Statute for asbestos-related illnesses?
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It is a time period, established by State Law, during
which your lawsuit must begin. Courts demand strict
compliance with the Statute of Limitations; thus,
failure to bring your timely action normally results
in the loss of your case. Under current State Law,
the time to begin a lawsuit is three years from
the discovery of your asbestos-related illness,
or when you should have discovered the illness.
It is extremely important to note that the Statute
of Limitations time period for beginning the lawsuit
is not measured from the date of an individual's
last asbestos exposure.
4)
If my exposure to asbestos happened a few or many
years ago, can I still bring a lawsuit today?
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Yes. The Statute of Limitations begins upon discovering
that you suffered an asbestos-related injury. Asbestos
related injuries can manifest themselves many years
after exposure. In some lawsuits, shipyard and construction
workers and school custodial engineers have instituted
lawsuits twenty to thirty years after their last
asbestos exposure.
5)
What is "Asbestosis"?
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It is a disease resulting from prolonged inhalation
of asbestos dust resulting in pulmonary fibrosis.
It results from the development of hardened fibrous
areas in the lung interstitium, the tissue between
the air space in the lung. This is a slowly progressive
disease, generally first evidenced by shortness
of breath.
6)
What is the normal time period for asbestos symptoms
to show following asbestos exposure, and what are
the common symptoms?
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The time period for symptoms to appear ranges between
twenty and twenty-five years. The factors for evaluation
include length of exposure time, amount of asbestos
concentration and an individual's prior health condition.
The five asbestos alert signals are coughing, weight
loss, shortness of breath, chest pain and coughing
blood.
7)
If I've retired from my union or held a non-union
job and have a respiratory ailment, should I be
tested for an asbestos-related injury?
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Absolutely; again, asbestos related diseases are
progressive, manifesting themselves many years after
exposure. That is exactly why it is important to
have regular, updated medical screening examinations
following any asbestos exposure.
8)
As a retiree or active worker, must I get other
co-workers to join me in a class-action lawsuit?
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No, while having multiple individuals who have suffered
a common illness join together in a class action
lawsuit can possibly expedite each individual's
case, it is absolutely not necessary for legal action
to begin. In fact, most cases are started representing
a single, individual plaintiff.
9)
Is an asbestos settlement or award taxable?
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No. Federal and State Tax Laws do not apply to personal
injury awards or settlements.
10)
If a member of a family (husband, wife, son, daughter,
uncle, etc.) dies from an asbestos related disease,
can their estate bring a lawsuit to recover?
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Yes. The impact of an asbestos disease can be sudden,
serious, and, often, fatal. Consequently, the Estate
of the victim of this disease can initiate a lawsuit
to recover. It must be understood that this Estate
action for Wrongful Death must begin within two
years of the victim's death.
