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Mesothelioma FAQ – Asbestos FAQ

Mesothelioma patients, people with asbestos-related lung cancer, and their families must grapple with a variety of complex personal, medical, financial, and legal issues. During such a difficult time, it can be hard to access the information you need when you need it. At the Gregg J. Borri Law Offices, we strive to help people in this painful situation by providing understandable answers to common questions about asbestos and related issues.

To learn more, contact our experienced lawyers at 212-980-8866.

How do I know if I have grounds for a mesothelioma claim?

If you have been diagnosed with mesothelioma, there is a high probability that you have been exposed to asbestos at some time in the past. To date, that is the only known cause of this aggressive form of cancer. Unfortunately, it can be difficult to establish grounds for a claim against the party responsible for your illness due to several factors.

It can be difficult to determine precisely when and how you were exposed. Mesothelioma’s latency period (the amount of time between the development of the disease and the onset of symptoms) can be years or several decades. Therefore, the roots of your diagnosis may go back to the 1970’s or earlier.

You need some form of evidence that the defendant in your claim knew or should have known about the dangers of asbestos but failed to reasonably protect you. Without concrete evidence, it can be difficult – but not impossible – to prove that a certain company deliberately took risks with your health.

While these claims are complicated, with the help of an experienced asbestos lawyer, they can be highly successful. To learn more about your rights and legal options, contact the Gregg J. Borri Law Offices at 212-980-8866.

What kind of compensation can I win if my claim is successful?

It is difficult to make generalizations about legal cases, as each one is unique. If your claim is a success, the payment you are awarded can depend on many different factors including the identity, solvency and number companies that contributed to your asbestos exposure, the nature, duration and intensity of your exposure and the place in which you file your claims. For more information about the factors affecting legal compensation you may obtain and average jury verdicts click here.
The kinds of damages that you may receive as a plaintiff include:

  • The cost of your past, present, and future medical treatments
  • Any disabilities you have suffered, including a reduced ability to earn a living
  • The physical and emotional pain you have suffered
  • The loss of your loved one’s companionship and support (in a wrongful death claim)
  • The loss of your loved one’s financial contributions (in a wrongful death claim)
  • Punitive damages (additional compensation meant to penalize especially negligent parties)

Maximizing compensation for your asbestos claim requires knowledgeable and aggressive legal counsel. Contact the Gregg J. Borri Law Offices at 212-980-8866.

What geographic area does Gregg J Borri Law Offices work in?

Gregg J Borri Law Offices, located in Lower Manhattan near Wall Street, is licensed to appear on behalf of its clients in all courts of the state of New York. Gregg J Borri Law Offices will personally travel to and appear in all counties, including New York County (Manhattan), Brooklyn, Bronx, Queens and Richmond (Staten Island) counties (all mesothelioma in these counties are handled in Manhattan only a few blocks from the Gregg J Borri Law Offices), as well as Long Island, Nassau and Suffolk counties, Central New York including Albany, Columbia, Dutchess, Onondaga, Saratoga, Schenectady, and Rensselaer counties and upstate and western locations including St. Lawrence, Monroe and Erie counties.

Large cities outside of New York City in the state of New York in which Gregg J Borri is licensed to appear include, Albany, Syracuse, Rochester, Erie, Troy, Schenectady, Binghamton, Mineola, Riverhead, Saratoga, and White Plains.

If your mesothelioma claims must be brought outside of the state of New York, Gregg J Borri Law Offices will associate with experienced mesothelioma attorneys in the appropriate state where your claims can be prosecuted and the responsible asbestos companies made to answer.

What is Asbestos Related Lung Cancer?

An asbestos related lung cancer is a carcinoma (cancerous tumor) of the lung that is medically determined to have been caused, in whole or in part, by asbestos.

Men and women that have worked with asbestos or asbestos containing products are at increased risk for lung cancer, particularly those that have smoked cigarettes. Further, there is a multiplicative effect between cigarette smoking and asbestos exposure in the production of lung cancer. Thus, while cigarette smoking has been found to increase the risk of lung cancer about 11-fold, and exposure to asbestos has been found to increase risk of lung about 5-fold, studies have observed a 55-fold increase of lung cancer risk in asbestos workers that smoked.

Whether lung cancer in an individual is related to asbestos exposure is determined by a doctor or doctors. This determination is based on history of exposure to asbestos, including intensity and duration of exposure, smoking history, medical history, and medical indications of asbestos exposure such as a diagnosis of asbestosis or a finding of pleural plaques. The doctors will consider this information in determining whether a particular lung cancer is caused, in whole or in part, by exposure to asbestos.

Does smoking affect my eligibility to file a claim?

No. First of all, smoking does not cause mesothelioma, so the fact that you smoked in the past or now smoke does not prevent or limit your ability to file a mesothelioma claim.

Secondly, in the case of an asbestos related lung cancer, although smoking does cause lung cancer, exposure to asbestos greatly increases your risk of lung cancer, so smoking, past or present does not limit your right to file a claim for an asbestos related lung cancer.

I was exposed to asbestos during active service in the military. Can I still file a claim?

Yes. The fact that you were serving your country at the time you were exposed to asbestos does not prevent you from filing a claim for an asbestos related disease such as mesothelioma.

Can I file a claim in New York even if I do not reside there?

If you live in New York or were exposed to asbestos in New York, you can and should file your claim in New York.

When can I expect to receive compensation for my claim?

New York law provides that sick patients with life threatening diseases are entitled to a prompt trial date, so New York law encourages prompt resolution of mesothelioma and asbestos related lung cancer claims. Although timing varies from case to case depending on the circumstances, many mesothelioma claimants begin making settlements within months of filing their claims and many such claims are largely resolved within approximately one year.

Will I have to go to a trial?

Most mesothelioma claims and asbestos related lung cancer claims are settled before trial.

Will my case be grouped in a class action suit?

No.

What if I cannot afford representation?

Gregg J Borri Law Offices represents all mesothelioma and asbestos related lung cancer claimants on a contingency basis, without regard to their ability to pay for legal services. We advance the expenses of litigation and only get paid if you do. Call us at 212-980-8866 for a free consultation.

What is asbestosis?

Asbestosis is a disease of the lung caused by accumulation of excessive amounts of asbestos dust in the lung. The accumulation of asbestos dust in the lung causes a disease process that results in the lung or parts of the lung becoming fibrotic (fibrous), or tough, and thereby reduces the ability of the lung to perform its functions of transferring oxygen into the blood and removing carbon dioxide from the blood.

Asbestos fibers are accumulated in the lung when they are breathed in when working with or around asbestos or asbestos containing products. Over time, the accumulation of fibers can start the disease process that leads to asbestosis.

Symptoms of asbestosis include shortness of breath and dry non-productive cough. However, many people with asbestosis do not have symptoms.

Diagnosis of asbestosis is made by a doctor. The doctor will review the patients occupational and asbestos exposure history and look for signs of asbestosis during a physical examination. The doctor will also exam x-rays of the chest to look for signs of asbestosis in reaching a diagnosis. Also, if a patient has had surgery for lung cancer, doctors can examine the lung tissue to make a diagnosis of asbestosis.

One of the biggest risks of asbestosis is that it can eventually worsen into malignant mesothelioma. Even if this does not occur, it is still a painful and often debilitating condition. To learn about legal options for victims of this disease, including potential compensation, contact the Gregg J. Borri Law Offices at 212-980-8866.

What is a latency period?

If you have been researching health or legal issues related to asbestos exposure, you have probably heard the term “latency period” many times. This is an important term to understand, as it relates to many issues faced by victims of mesothelioma, asbestosis, and lung cancer. Both medical options and legal avenues can be affected by a disease’s latency period.

Essentially, a latency period is the amount of time it takes for a disease to become symptomatic (the point at which the patient begins experiencing symptoms.) Many diseases related to asbestos, including lung cancer and mesothelioma, have notoriously long latency periods. The earliest stages of these diseases may begin several years or even decades before the patient is diagnosed.

The legal relevance of latency periods is related to statutes of limitations. In many personal injury claims, plaintiffs must file within two or three years of suffering an injury. Of course, this is not feasible if you do not discover you are sick until years after being exposed to asbestos. Therefore, the statute of limitations has been altered for mesothelioma patients; you have two to three years after being diagnosed – not after the day you became ill – in which to file a claim.

The statute of limitations varies depending on your location, the defendant (government agency versus private company), and the specific type of claim you are filing (personal injury, wrongful death, etc).

What are pleural plaques

Pleural plaques are caused by exposure to asbestos. The pleura is a thin, serous membrane. The parietal pleura is the membrane that lines the chest cavity. The visceral pleura is the membrane that surrounds the lung itself.

Pleural plaques are areas of dense, firm, grey-white fibrous tissue typically found on the parietal pleura. Most patients with pleural plaques do not have symptoms of asbestos disease such as shortness of breath and pleura are typically considered benign. But pleural plaques are generally a strong indication of exposure to asbestos. Pleural plaques can occur after low-level, indirect or even environmental exposures to asbestos. However, pleural plaques are most often found in persons who were exposed to asbestos in their work.

What is diffuse pleural fibrosis

Diffuse pleural fibrosis is a widely spread thickening of the parietal pleura and can be detected by x-ray. Diffuse pleural fibrosis, like pleural plaques, generally is an indication of asbestos exposure. Diffuse pleural fibrosis can be accompanied by symptoms such as shortness of breath or diminished exercise tolerance, but is often not associated with such symptoms.

What is gene therapy for mesothelioma?

Gene therapy is a relatively new technology that has given cancer researchers a great deal of hope in recent years. Genes are the most basic components of DNA, the “blueprint” for every cell in our bodies. The strategy behind gene therapy is to change the genes of cancer cells to make them easier for the body’s immune system to attack and defeat.

Gene therapy for cancer involves using a carrier, or “vector,” to replace the genes of tumor cells with a different kind of genetic material. The vector used is usually a virus, due to the nature of that kind of cell. Viruses operate by attacking cells and delivering their own genes into them, making them simple vectors. Of course, the viruses used in gene therapy are altered so they no longer cause illness.

Vectors can alter the genes of cancerous cells in many different ways. Sometimes they convert the cells into a treatable disease, such as herpes simplex. Sometimes the genes used are designed to be faulty, which effectively causes cancerous cells to self-destruct. At this point, gene therapy for mesothelioma is still being tested in clinical trials. However, many researchers are confident that this will one day become a common and efficient cancer treatment.