Asbestos Exposure Attorneys Serving Northwest Indiana

Asbestos Litigation

As an increasing number of people developed mesothelioma, asbestosis, lung cancer, and other asbestos-related diseases, asbestos litigation has been on the rise. Asbestos exposure in Indiana has put many people at risk and, through asbestos litigation, those with serious asbestos-related diseases are able to hold at-fault companies accountable and recover compensation. Theodoros & Rooth, P.C. represents clients in asbestos and mesothelioma cases and works diligently to help them recover damages.

Call our firm at (219) 212-2462 to talk to a Northwest Indiana asbestos lawyer about your claim.

Manufacturers Knew of the Dangers of Asbestos Since the 1930s

Through asbestos litigation, the courts found that manufacturers did more than just expose workers to asbestos. They did so with the knowledge that serious medical conditions and even death could result. Furthermore, evidence emerged showing that companies actively hid the risks from workers. Companies' internal documents revealed their disregard and served as evidence of negligence.

Most asbestos lawsuits arise when individuals who suffered primary exposure from working directly with asbestos take legal actions or their families bring wrongful death litigation. However, people also suffer disease and death from secondary asbestos exposure, which is indirect exposure.

Indirect asbestos exposure may occur as a result of workers bringing asbestos particles home on their clothes and transferring them to others. For example:

• An officer worker who comes into contact with factory workers who work with or around asbestos
• A wife who washes her husband’s asbestos-ridden clothes
• Children who greet their father or mother and come into contact with asbestos fibers on their clothes or shoes

Diseases Caused by Asbestos Exposure

The primary progressive diseases caused by asbestos exposure are:

• Asbestosis — Asbestos fibers become lodged in lung tissue and the lung slowly scars over and around the fibers, reducing lung capacity and the ability of the body to absorb oxygen through the lungs. Asbestosis is incurable and eventually leads to oxygen starvation throughout the body.

• Mesothelioma — While mesothelioma is a rare cancer, it is commonly associated with asbestos exposure. The mesothelium is the tissue lining the outside of internal organs throughout the body cavity. Common sites for mesothelioma are in the chest, thorax and abdomen. Mesothelioma is a relatively fast-moving, fatal cancer.

Asbestos Exposure and the Statute of Limitations

Use of asbestos is now strictly regulated, as is removal and transportation. Several decades ago, however, asbestos was widely used as an insulator and fire retardant. In industries such as Indiana steel mills, employees often wore asbestos aprons and clothing as protective gear. Construction workers were exposed during demolition or renovation projects. Sometimes the families of these workers were exposed when they had contact with contaminated clothing.

The link between asbestos exposure and serious lung diseases is clearly understood. People diagnosed with these diseases may have the right to sue their employer or the manufacturer for damages under products liability statutes. This can be tricky, however, since Indiana has a strict statute of limitations for bringing such cases:

• You must file within 10 years of your exposure
• You must file within 2 years of your diagnosis

The latency period between the exposure to asbestos and a diagnosis with lung disease or mesothelioma can range from 10 to 40 years. Asbestosis is a progressive disease, and a person might not seek medical attention until scarring of the lung tissue made breathing problems severe. This condition is a risk factor for developing mesothelioma, so the diagnosis might not fit into the two-year time frame.

Given the statute of limitations in Indiana, anyone with an asbestos-related disease should consult a products liability lawyer as soon as possible to discuss best options for moving ahead with a compensation claim. This also applies to families seeking a wrongful death lawsuit.

The Largest & Longest Running Mass Tort Litigation in U.S. History

Asbestos has been the subject of more ongoing mass tort litigation than any other type of personal injury case in U.S. history. The RAND Corporation reports that 730,000 individuals exposed to asbestos brought claims against 8,400 business entities during up through 2002. RAND also predicts as many future claims as those litigated thus far. Asbestos litigation has cost defendants and insurers a total of $70 billion, and more than half of that amount went to claimants and litigation expenses.

For more information about asbestos litigation and how Theodoros & Rooth, P.C. can help, call our team at (219) 212-2462.