25 Aug 2009

Asbestos Attorney litigation!!

Asbestos is group name of a family of naturally occurring mineral fibers found in certain types of rocks. This class of minerals has excellent heat-resistant properties and tensile strength. This lends to them being used extensively in a varied fields ever since the Industrial Revolution.

Commonly used in Construction materials such as cements and floor tiles; Thermal Insulations such as fireproofing and brake linings; Strengthening
agents and cements, this substance has a varied range of application.

However, as early as the 1900s, it was unearthed that prolonged exposure to Asbestos, cause a string of fatal disease like lung cancer, mesothelioma and cancers of other parts including the larynx,

esophagus, colon etc and Asbestosis. The latency period for these diseases could even extend up to 15 years, since these are typically progressive in nature. For the most alarming part, these diseases are fatal and incurable. Asbestos fiber dust is microscopic, and is released when the material is disturbed.

These particulates are tasteless, colorless and odorless. Moreover, due to their high strength, they are indestructible. When inhaled, a range of internal organs are affected. These range from Lungs and respiratory system tracts, to even the digestive system tracts. Asbestos exposures range from extreme
scenarios such as cutting, sawing, pounding; to ubiquitous scenarios like replacing of asbestos parts and exposure to thermal linings inside fire fighting helmets.

Even second hand exposures from spouse’s clothes have led to asbestos based diseases. By the 1930s, medical journals had already begun publishing the dangers of asbestos. Many Asbestos Companies too had internal memos on the occupational health hazards.

Despite this, companies often withheld and or downplayed, if not ignored these cautions, for their own benefits. This continued till about the 1970s, when a string of lawsuits forced them to admit awareness and responsibility of Asbestos based occupational hazards.

But this journey is far from complete. Studies have estimated that in the next decade, 100,000 of Americans would die of Asbestos related health complications. That is an estimated 30 lives lost every day!

Litigation for settlements is an essential step for those faced with
these diseases, helping them create necessary funds to finance treatment, effective diagnostics and financial security for families. Typical lawsuits are filed at an average of $6 millions, and on average plaintiffs are awarded about 40-60% of that amount.

That
befitting settlement to an ailing employee would provide the necessary support system to bear with the cost of advanced diagnostics and aggressive treatments. Diagnostics include X-Rays, MRIs, and treatment techniques are anything but inexpensive. The solace in litigation however, are a variety of payment models including a no settlement no fees offered by some law firms around the country.

Litigations usually has to prove the negligence on company’s part and establish the veracity of the claim on medical grounds . The failure of duty by companies and employers is the basis of negligence lawsuit litigations.

Today organizations like the Asbestos Disease Awareness Organization (ADAO) are helping the asbestos victims raise their objections. Today, one has the choice of selecting from an adept group of attorneys with exposure to asbestos settlements and befitting treatment at most of American hospitals.

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Asbestos Attorney litigation!!

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