Mesothelioma is a terrible disease that impacts the lungs of individuals throughout the nation, including North Carolina. It is fatal and often tied to asbestos exposure that may have occurred decades before the disease is diagnosed. When that exposure is tied to an occupation someone once had, it may be possible for the person who is ill to recover damages in a lawsuit. The family of a man with mesothelioma, who lived in another state, recently succeeded in that endeavor.
When it comes to seeking compensation in asbestos litigation, determining the appropriate avenue for doing so is not always a straightforward matter. In asbestos litigation, determining the right avenue for compensation is important in order to ensure that an exposure victim or his or her estate is properly compensated. In some cases, a victim of asbestos exposure may run into problems seeking compensation. One such possibility is when an asbestos claim is blocked due to federal preemption.
Federal preemption refers to the principle that where federal and state law deal with the same issues or areas of regulation, federal law takes precedence over state law when there is a conflict. At the federal level, both the Occupational Safety and Health Administration and the Environmental Protection Agency regulate the use of asbestos, and so it is possible that there may be circumstances where state and federal law come into conflict when it comes to the regulation of asbestos and asbestos-related claims. When this does happen, it can affect asbestos litigation.
There is no question that mesothelioma is a serious medical condition. Sadly, many people who contract the disease do so as a result of conditions they encountered while working to make a living to support themselves and their families. It has impacted many people who in the course of their jobs were exposed to asbestos. Fortunately it may be possible for those impacted by the condition to recoup damages related to contracting the disease.
People who are familiar with asbestos likely know that they should not handle it without proper protection, from adequate clothing to a strong understanding of asbestos handling laws and procedures. But protecting yourself from asbestos isn't just about how you should or should not handle it directly. You also need to know how to get rid of materials contaminated with asbestos.
Unfortunately, too many people stop worrying about asbestos once it's been removed from a home or building. But the fact is that asbestos can still cause damage and present a risk to people's health unless and until it is disposed of properly.
Readers of this blog are likely aware of the fact that people with asbestos-related illnesses often experience few or no symptoms of their condition until the disease has already done considerable damage. Additionally, the symptoms that do arise can easily be mistaken for signs of other illnesses and patients are misdiagnosed.
However, this is not to say that asbestos exposure is always undetectable. In fact, some people may develop a skin rash soon after they come into contact with the toxic material. This may be the case for at least one man who apparently developed a serious rash after he performed work in a building that he says contained asbestos.
In our last blog post, we discussed the damages that may be awarded in wrongful death lawsuits. Recently, the surviving spouse of one man filed a lawsuit seeking these types of damages.
The woman claims that her late husband was employed by Mobil Oil before he died. During his time working for the company, the lawsuit states he was evidently exposed to harmful levels of asbestos. Sadly, he passed away in July and now his widow wants to hold the company responsible for his death and their allegedly gross negligence.
In the wake of a loved one's death, it can be enormously challenging to see past the grief, sadness and frustration you may be feeling. In cases where a loved one was very sick, people may have been experiencing these emotions for months or years before the person succumbed to the illness.
This is something that other people tend to ignore or forget about; losing a loved one doesn't just change survivors' lives after the fact. It can dramatically change their lives and well-being when they are focusing on trying to treat and/or cure an illness. In situations where a condition and tragic death was caused by one or more parties, survivors may be able to pursue compensation that not only reflects the damages suffered as a result of the death, but also those suffered before it.
These days, it can be easier than ever to find the answers we are looking for online. When it comes to medical conditions, however, it can be difficult to sort through the information available to determine what is correct and what is not.
This is why it can be so crucial to reach out to an actual person to determine the specifics of your individual situation. Discussing your condition with a doctor and getting medical attention can help you assess the status of an illness and make decisions about treatment options. Without this one-on-one exchange, you may not be getting a complete, accurate picture of your situation. The same could be said when it comes to your legal options when your illness could have been caused by a defective or dangerous product.
Exposure to asbestos can lead to devastating health problems. Primarily, the exposure to asbestos causes or exacerbates lung problems because of the damage that the fibers can once they are inhaled. In some cases, the result is lung cancer or mesothelioma. In other cases, the result is severe scarring on the lung the tissue, which can be diagnosed as asbestosis.
Unfortunately, asbestosis is very difficult to treat and there is currently no way to reverse the damage done by asbestos. However, there are ways to slow the progression of the disease and improve the lives of sufferers.
Many asbestos-related illnesses are suffered by people who spent years working in environments where they were exposed to the fibers on a regular basis. They worked on railroads, in mines or performing construction or demolition on buildings made with materials containing asbestos.
However, there are also people who can suffer asbestos-related illnesses because they happened to live in the wrong place at the wrong time.