Florida Injury Lawyer Blog

Asbestos is a type of fiber which is a fire retardant. It was used for years in Florida insulation materials and construction work, until it was revealed that the fibers are linked to cancer. Many manufacturers today limit the use of asbestos fibers and both the Consumer Product Safety Commission (CPSC) and U.S. Environmental Protection Agency (EPA) have banned many products containing asbestos. Nevertheless, there is no blanket ban on asbestos. As well, many older Florida homes, constructions, and products still contain asbestos which is a hazard.

Today, any new products containing asbestos must clearly state this fact on the label. However, any products made before the 1970s usually have no such warning labels. As well, for thousands of Florida residents, it is already too late for labels: they have been exposed to asbestos and are now suffering the health effects of that earlier exposure. This is because the effects of asbestos can take decades to appear.

Asbestos fibers are so small they can often not be seen by the naked eye. When asbestos fibers are disturbed, they become airborne and can be inhaled. Once inhaled, the fibers gather and remain in the lungs. Eventually, this accumulation can lead to mesothelioma, which is a cancer of the abdominal and chest linings. Asbestos exposure can also lead to asbestosis, a potentially fatal scarring of the links. The more someone is exposed to asbestos, the more likely they are to get one of these diseases.

Asbestos exposure is often a Florida workers compensation problem as well, since asbestos exposure often takes place on the job. In some cases, not enough consideration or investigation takes place before a construction project, leading to the disturbance of asbestos fibers and therefore asbestos exposure.

People who have been exposed to asbestos and have developed asbestosis or mesothelioma can often seek the help of a Florida personal injury attorney in order to get the financial assistance and compensation they are entitled to under the law. A Florida personal injury attorney can help ensure that you have the financial resources and ability to seek the best medical care possible in order to have the best chances of recovery. However, asbestos cases can be challenging, simply because it takes years before symptoms develop. Proving when and how asbestos exposure took place often requires a very talented Florida personal injury attorney.

A number of asbestos-related news items in Florida lately have renewed interest in asbestos cases and may make asbestos victims more likely to step forward:

1) William Aubin of Sarasota has received more than $14 million after a jury determined that his fatal abdominal cancer is linked to the asbestos Aubin worked with in the 1970s. Aubin’s family owned a construction company and used joint compounds made with asbestos fibers sold by chemical company Union Carbide and other companies like it. The joint compounds were not labeled to indicate they contained asbestos. Jurors found four companies, including joint compound manufacturers, liable in the case.

2) In the Lee County Summerlin Road project, workers for Posen Construction have begun an asbestos clean-up project. The work has been delayed for a number of months, after workers found material containing asbestos at the work site. No one has determined how the material got to the site. The Summerlin Road will likely not be completed until the end of the year due to the delay.

3) This summer, the Jackson County School Board has announced plans to start an asbestos abatement plan at at least two schools this summer. Marianna Middle school and Riverside Elementary School both have asbestos in the ceilings of the buildings. Once the asbestos was discovered, school officials decided to remove the substance over the summer, when children could not come into contact with the material.

4) The EPA (U.S. Environmental Protection Agency) has announced that the City of Marco Island and the main contractor on a 2006 Collier Boulevard road project have both violated at least six asbestos regulations. The city, in particular, is accused of not inspecting work sites for asbestos, of not removing asbestos materials before starting work, of not disposing of asbestos materials in a correct fashion, and of other offenses. Each violation of regulations has penalties of up to $37,500 a day.

Asbestos fibers have long been used on construction and building projects, as they are considered fire-resistant. However, since these fibers have been manufactured, it has been discovered that inhaling these fibers can lead to a type of virulent cancer known as mesothelioma. Mesothelioma is linked only to asbestos exposure and not to other risk factors. Asbestos fibers are not visible to the naked eye and can remain suspended in the air for some time, allowing workers to inhale the fibers. When the fibers are inhaled, this exposure can eventually lead to mesothelioma.

Due to the recent Florida asbestos news, some patients who have mesothelioma may become interested in contacting an attorney about an asbestos case. Florida personal injury attorneys have been helping other mesothelioma victims and may be able to help you. If you have been diagnosed with mesothelioma, you may have a personal injury claim. You may qualify for a settlement which can help you pay for the best medical treatment and which can help your family.

A number of news stories have been reported in Florida recently about asbestos. Earlier this month, for example, he Cass Street Bridge in Tampa was reopened after it was closed for months for asbestos removal. Employees working on a highway construction site close to Fort Myers found very large quantities of asbestos at the site as well as concrete that was laced with asbestos. Ocala City Hall closed late last year after mold and asbestos was found in the building.

The asbestos cases resulted in one investigation, against a construction company. Posen Construction, working on the Summerlin overpass, was accused of using asbestos illegally after large amounts of the substance were found at the site. The Florida Department of Environmental Protection stopped the company from proceeding on the project while an investigation took place. The filler used in the project is allegedly made with a high amount of asbestos, and the county is blaming the construction company for the asbestos. If an illegal amount of asbestos is found at the site, it will have to be removed, although it is not yet clear who would be responsible for the costs.

The news highlights the prevalence of asbestos in our cities and towns. The substance was once used quite commonly because it was a fire retardant and was considered a safe building material. However, research showed that asbestos exposure leads to a form of cancer known as Mesothelioma as well as to other personal injuries and ailments. Today, many people who develop Mesothelioma or other serous ailments as a result of asbestos exposure seek help from the courts to get the financial resources they need for medical care. Companies are often eager to blame others – manufacturers or subcontractors – when asbestos contamination is found. This can make it hard for victims to recover the compensation they are entitled to by law.

Another problem, according to experts, is a lax attitude about asbestos on the part of lawmakers. In 1989, the Asbestos Ban and Phase Out Rule was created to eventually ban asbestos. However, the legislation was overturned. While the US has strict rules about the use of asbestos, it does not have a ban, like many countries do. This makes it legal to use asbestos in some applications and some projects (including road construction). Some experts believe that since asbestos has been proven so unsafe, a full ban is more practical.

If asbestos were banned outright, for example, much of the controversy in the Summerlin overpass project would not have taken place. The contractors would not be permitted to place any asbestos anywhere at the site and there would be no question over legal limits or cleanup. Experts also note that while there are strict guidelines for asbestos use in place, allowing even some asbestos to be used sends the wrong message. As well, even small amounts of exposure can lead to health problems, further suggesting a complete ban might be ideal.

If you have developed mesothelioma because of asbestos exposure, you will want to hire a qualified Florida personal injury attorney. A good attorney is important if you want to ensure that you get the compensation you are entitled to under the law. A fair settlement is crucial if you want to provide for your family and get quality care.

The Wall Street Journal reports that many mesothelioma awards in mesothelioma settlements are about $1 million. If the case goes to court, the settlement may be several times larger than that, and your Florida lawyer will receive about 40% of the amount to cover legal fees. Although most Florida personal injury attorneys will not take money up front, if you win your case or settle out of court your attorney’s fees will come from the proceeds of settlement. You will want to choose a good attorney so that you can get a fair settlement that will allow you to pay your legal fees and still enjoy a generous reward.

Choosing the right personal injury attorney for your mesothelioma case can mean the difference between a settlement that can help you and your family and a settlement that does not allow you to enjoy good medical care. The first important quality you will want to look for in a personal injury attorney is passion for their job. Attorneys are eager to see justice in mesothelioma cases because they know that companies producing asbestos products have known for 6 decades that the product was dangerous. However, these companies kept this information quiet in order to increase profits. Good attorneys are rightfully angered by this form of injustice and work tirelessly to ensure that it is corrected.

When choosing a personal injury lawyer for your mesothelioma case, find an attorney who has handled a number of mesothelioma cases. An experienced mesothelioma lawyer knows how to handle a case successfully. In addition to experience, you will want to look for an attorney who has shown results in pursuing mesothelioma cases. That is, you will want an attorney who has seen many cases go to trial and who has been able to secure many fair settlements for his or her clients. Ideally, find an attorney who specializes in mesothelioma cases.

When selecting your mesothelioma attorney, be sure to ask whether the attorney you are interested in having represent your case will handle your case him or herself. Some Florida lawyers will refer your case to another law firm, which can be a problem since you will not have much control over who represents you.

Continue reading "Choosing the Right Mesothelioma Attorney" »

Mesothelioma, a fatal cancer caused by asbestos exposure can be prevented in Florida’s homes. Mesothelioma occurs decades after asbestos dust enters a victim’s lungs. Although laws today restrict asbestos, the material was frequently used in construction and industry in the past. Many of the buildings and materials that once were made with asbestos are still in use today, so exposure can still occur.

More than 2,000 Americans are affected with mesothelioma annually, according to current statistics. Much exposure occurs in the workplace and at home. Exposure leads to many personal injury claims each year. Florida homeowners can help prevent this potentially fatal asbestos exposure by:

1. Learning how to spot asbestos. When bringing products into your home, check the labels to see whether they contain asbestos. Floor adhesives, vinyl floor tiles, textured paint, door gaskets, boilers, furnace ducts, fireproof gloves, and some cement roofing all may contain asbestos. If you are not sure what in your home may contain asbestos, consider having a healthy home audit done of your property. Look in your Yellow Pages under “asbestos removal” to find companies who can diagnose asbestos problems and can advise you how to eliminate these problems.

2. Check for quality of asbestos materials. If you do have asbestos materials in your home, a professional may tell you that it is safer to keep these asbestos products there (if they are not easily removable and are in good shape) rather than risk creating asbestos dust by removing them. If this is the case, make sure to periodically check for possible damage to these materials as well as wear and tear. If you see these materials breaking up, cracking, peeling, or otherwise becoming damaged, call a professional for a re-assessment right away.

3. If you work somewhere where asbestos dust is present, avoid bringing dust into your home. Your employer should provide you with a way to get rid of any asbestos products before you leave work for the day. Before entering your home, shower and change your clothing to ensure that you do not breathe in any of the asbestos fibers that may cling to you and your clothes.

4. Clean asbestos carefully. If you have asbestos ceiling tiles or floors, especially, and have been advised not to remove them, be careful how you clean these surfaces. Waxing or brushing these surfaces can release "microscopic fibers" of asbestos which can be breathed in.

5. If you see something in your home that you think is asbestos dust, do not touch it. Trying to sweep or vacuum it up can cause it to become airborne, and this is when it can be inhaled. If you leave the dust alone, your chances of breathing it in are smaller. Call a qualified professional to identify the dust and remove it.

Sgt. D.A. White of the Economic Crimes Unit of the sheriff's office has reported that an investigation has been launched by the Collier County Sheriff's Office and the FBI. The investigation aims to answer questions about asbestos removal on Marco Island. City Manager Bill Moss was informed of the investigation this past week by letter. According to Sgt. White, investigators will be looking at all city contracts pertaining to removal of asbestos.

At the heart of the investigation is a letter sent to the US attorney’s office, the sheriff’s office, and the office of the Florida State Attorney. The letter mentions that park property on Marco Island contains asbestos after a contractor hired by the city to remove asbestos crushed concrete pipe and asbestos on park property. The letter goes on to charge misconduct and negligence by the city and contractor for the incident.

The allegations Stem from the fact that the city permitted Quality Enterprises, the contractor hired for the Collier Boulevard Reconstruction Project, to use park property for materials and work. Residents allege that the company crushed asbestos on the property and left pieces of the toxic material behind. They further allege that Moss and Police Chief Roger Reinke suggested that the asbestos was planted in the park by island residents. Marcos Island has formally stated that it will fully cooperate with investigators.

This is not the first case of a lawsuit stemming from asbestos removal in the US and this new case raises an interesting point: when most people seek damages for asbestos-related personal injury, they seek damages from contractors and manufacturers responsible for installing the toxic materials in buildings. In some cases, lawsuits are launched because employers are aware that asbestos is present in the workplace but take no steps to protect employees.

However, contractors hired to remove asbestos can also cause personal injury that results from exposure to asbestos. Illegal or incomplete asbestos removal can actually stir up toxic asbestos fibres that can cause serious illness later on. Mesothelioma, the cancer that is caused by asbestos exposure, takes decades to appear, so it may not always be evident that asbestos was incorrectly removed.

If you work or live in a building that contains asbestos materials, it is important to hire a qualified asbestos consultant to get advice. It may be best to have a second opinion and to hire someone who has no vested interest in any asbestos removal – in some cases, leaving asbestos in place can be safer. If a qualified expert advises you to remove asbestos, you must hire a certified asbestos abatement contractor to properly remove all affected hazardous materials according to OSHA regulated practices. All asbestos material – including fibers -- must be removed in order for the area to be deemed safe.

If you or a loved one have developed Mesothelioma due to asbestos exposure, it is important to seek the help of qualified Florida attorneys. Experienced Florida lawyers may have the investigative experience to determine whether asbestos materials or asbestos removal caused the problem, and this can help ensure that you get the help you are entitled to bylaw.

According to the Centers of Disease Control and Prevention, Florida was second in mesothelioma deaths in 1999. Over 163 reported cases of mesothelioma were reported in the state that year. Mesothelioma is a serious and fatal cancer that is directly caused by the building material asbestos. Each year, many individuals visit Florida attorneys in order to launch cases related to asbestos.

However, there are many things that can be done up front in order to avoid getting mesothelioma and in order to avoid having to see a Florida attorney to launch a lawsuit. There are a number of laws and regulations put in place by the U.S. Occupational Safety and Health Administration in order to make workplaces safe. Under these asbestos laws , asbestos exposure is limited to no more than 01. fibres per cubic centimetre for an eight-hour work day. These rules also limit asbestos exposure to one fibre per cubic centimetre in any thirty minute time frame. Being aware of these regulations and asking questions to ensure that your workplace adheres to these laws can be an important first step.

The U.S. Occupational Safety and Health Administration also has rules that state that employers are required to regularly monitor the workplace environment and to provide employees with protective clothing and equipment, adequate hygiene facilities, medical exams, and training to help prevent mesothelioma. Ask your employer about steps being taken to protect your health in the workplace.

Keep in mind, too, that your place of work is not the only place where you may be exposed to asbestos. The building material was widely used in residential buildings before it was known that asbestos was carcinogenic. The Environmental Protection Agency recommends that you prevent mesothelioma by inspecting your home. Get an inspection of your property – especially if you live in an older home – and check roof shingles, insulation, flooring, and siding especially, as asbestos was most often used in these building products.

If your home does have asbestos, contact a good Florida attorney to discuss your legal options. Also, make sure that you get regular monitoring of your home, as deteriorating asbestos is the most dangerous. Do not attempt to remove any asbestos yourself, as this can expose you to harmful carcinogens. Contact an attorney and a qualified asbestos removal professional to find out how to safeguard your health.

The biggest risk with asbestos occurs when the asbestos fibres become airborne. Therefore, avoid scraping, sweeping, touching, hitting, sanding, drilling, or vacuuming any surface that may contain asbestos. Keep in mind, too, that your own health can determine how much of a risk asbestos poses. Smokers are 50 to 100 times more likely to suffer from mesothelioma or lung cancer, so get regular medical attention and help and avoid smoking to safeguard your lungs.

The American Lung Association has been raising awareness about Mesothelioma for years, but, unfortunately, many people each year still develop this form of cancer from exposure to asbestos. In many cases, older homes, schools, and workplaces contain asbestos and in some cases, this carcinogenic material can result in serious illness. Being aware of the risks can help everyone stay safer, according to The American Lung Association.

It is important to understand what asbestos and Mesothelioma are in order to reduce risks of exposure. Mesothelioma is a form of cancer that affects the cells that line various organs. Mesothelioma is rare and usually attacks the mesothelium, or the cells that line the lungs, although it can also affect the lining of the heart or abdominal organs. The most common form of this cancer is known as Pleural Mesothelioma. In Pleural Mesothelioma, malignant tumours grow on the sac that protects and lines the lungs.

Whichever organs Mesothelioma attacks, the cancer is usually caused by exposure to a substance known as asbestos. Asbestos is a fibrous mineral that was once very popular as a building material, as the substance is resistant to frame. Builders and those manufacturing the product saw asbestos as a way to make buildings safer from fire, but subsequent research revealed that the material is highly carcinogenic. Even exposure to just a small amount of asbestos or exposure for just a few weeks greatly increases the risk for Mesothelioma.

According to The American Lung Association:

* Mesothelioma does not develop quickly after asbestos exposure. In many cases, 35, 40 or even more years pass by from the time of exposure to the appearance of tumours.
*Anyone who believes that they have been exposed to asbestos should look for the most common symptoms of Mesothelioma. These include chest pain, shortness of breath, difficulty breathing, abdominal pain, and a persistent cough. However, anyone who has been exposed to asbestos should be tested for Mesothelioma periodically, as some patients have few or no symptoms.
*It is important to seek treatment right away for Mesothelioma. Many patients live 4 to 12 months after symptoms develop. However, treatments such as chemotherapy, radiation, or surgery can extend expected life span.

Continue reading "Asbestos & Mesothelioma – The Facts" »