Mesothelioma Asbestos Claim

Mesothelioma is a type of cancer to the mesothelium, the protective covering of most the body’s internal organs. Mesothelioma asbestos is a type of mesothelioma caused by a person’s inhalation of asbestos fibers from factories or from constructions that use materials containing asbestos.

If you have mesothelioma caused by inhaling asbestos fibers, you may qualify for a mesothelioma asbestos claim. However, in order to successfully make a mesothelioma asbestos claim, you first need to establish a set of important facts leading to the fact that you contracted mesothelioma.

The Duty to Care

One of the first things to establish in a mesothelioma asbestos claim is the duty to care. Depending on the situation, the duty to care could be translated into different meanings.

For example, your

employer has the duty to care for his employees, so that whatever untowards incident happens in the course of the worker performing his normal functions, he can be held liable.

To establish that your employer has the duty to care in a mesothelioma asbestos claim, it is important that you have been exposed to asbestos as an employee in the course of your employment.

However, establishing the duty to care is not always this easy or this clear-cut. Sometimes, a mesothelioma asbestos claim may arise if members of your family are exposed to asbestos as a result of breathing dust carried home on your clothes or tools. Other times, if you live near a factory that uses asbestos in its products, you may also be entitled to a mesothelioma asbestos claim in case you contract the disease.

Breach of Duty

The next point to establish when filing a mesothelioma asbestos claim is the breach of the duty to care. In other words, establish the fact that there was negligence on the part of your employer or factory owner. This means further that you essentially contracted the disease because they allowed the exposure to occur or did little to nothing to prevent it.

At this point, it is important that you be very detailed in your account. Your lawyer or attorney will need every single circumstance which would allow them to prove that there was breach of duty and that you are justified in making a mesothelioma asbestos claim.

Damage

And last but not least, in order to successfully file a mesothelioma asbestos claim, damage must be proven. Damage in a mesothelioma asbestos claim can be in the form of physical injury; you developed cancer as a result of your employer’s breach of duty in allowing the exposure to occur. Damage may also be translated into monetary damage because you may have to see a doctor about your disease, paid for medicines, and other losses and costs resulting from the exposure. Loss of earnings may also be taken into account.

What is the mesothelium?
The mesothelium is a membrane that covers and protects most of the internal organs of the body. It is composed of two layers of cells: One layer immediately surrounds the organ; the other forms a sac around it. The mesothelium produces a lubricating fluid that is released between these layers, allowing moving organs (such as the beating heart and the expanding and contracting lungs) to glide easily against adjacent structures. The mesothelium has different names, depending on its location in the body. The peritoneum is the mesothelial tissue that covers most of the organs in the abdominal cavity. The pleura is the membrane that surrounds the lungs and lines the wall of the chest cavity. The pericardium covers and protects the heart. The mesothelial tissue surrounding the male internal reproductive organs is called the tunica vaginalis testis. The tunica serosa uteri covers the internal reproductive organs in women.
What is mesothelioma?
Mesothelioma (cancer of the mesothelium) is a disease in which cells of the mesothelium become abnormal and divide without control or order. They can invade and damage nearby tissues and organs. Cancer cells can also metastasize (spread) from their original site to other parts of the body. Most cases of mesothelioma begin in the pleura or peritoneum.
How common is mesothelioma?
Although reported incidence rates have increased in the past 20 years, mesothelioma is still a relatively rare cancer. About 2,000 new cases of mesothelioma are diagnosed in the United States each year. Mesothelioma occurs more often in men than in women and risk increases with age, but this disease can appear in either men or women at any age.
What are the risk factors for mesothelioma?
Working with asbestos is the major risk factor for mesothelioma. A history of asbestos exposure at work is reported in about 70 percent to 80 percent of all cases. However, mesothelioma has been reported in some individuals without any known exposure to asbestos. Asbestos is the name of a group of minerals that occur naturally as masses of strong, flexible fibers that can be separated into thin threads and woven. Asbestos has been widely used in many industrial products, including cement, brake linings, roof shingles, flooring products, textiles, and insulation. If tiny asbestos particles float in the air, especially during the manufacturing process, they may be inhaled or swallowed, and can cause serious health problems. In addition to mesothelioma, exposure to asbestos increases the risk of lung cancer, asbestosis (a noncancerous, chronic lung ailment), and other cancers, such as those of the larynx and kidney. Smoking does not appear to increase the risk of mesothelioma. However, the combination of smoking and asbestos exposure significantly increases a person's risk of developing cancer of the air passageways in the lung.
Who is at increased risk for developing mesothelioma?
Asbestos has been mined and used commercially since the late 1800s. Its use greatly increased during World War II. Since the early 1940s, millions of American workers have been exposed to asbestos dust. Initially, the risks associated with asbestos exposure were not known. However, an increased risk of developing mesothelioma was later found among shipyard workers, people who work in asbestos mines and mills, producers of asbestos products, workers in the heating and construction industries, and other tradespeople. Today, the U.S. Occupational Safety and Health Administration (OSHA) sets limits for acceptable levels of asbestos exposure in the workplace. People who work with asbestos wear personal protective equipment to lower their risk of exposure. The risk of asbestosrelated disease increases with heavier exposure to asbestos and longer exposure time. However, some individuals with only brief exposures have developed mesothelioma. On the other hand, not all workers who are heavily exposed develop asbestosrelated diseases. There is some evidence that family members and others living with asbestos workers have an increased risk of developing mesothelioma, and possibly other asbestosrelated diseases. This risk may be the result of exposure to asbestos dust brought home on the clothing and hair of asbestos workers. To reduce the chance of exposing family members to asbestos fibers, asbestos workers are usually required to shower and change their clothing before leaving the workplace.