Wednesday, April 30, 2008

British Workers Ignorant to the Dangers of Asbestos

A British Lung Foundation survey has revealed that most tradespeople
are unaware of the health risks posed by asbestos. Out of 400 people in
this survey relating to asbestos, it was found that 75% had not
received any form of asbestos awareness training. The survey showed
that asbestos related diseases are currently the main cause of work
related ill health. The asbestos related survey estimated that
approximately 3000 people die each year due to exposure to the mineral
dust.


Asbestos was commonly used in the construction of many buildings due to
its insulation and fire retardant properties. Asbestos was used in some
building materials until 1999; however most was phased out in the early
1980s. Tradespeople now have the highest risk of developing asbestos
related lung cancers, mesothelioma and asbestosis as they regularly
disturb and come into contact with materials that may contain asbestos
fibres. Building owners should always consider having an asbestos
survey carried out on their premise. An asbestos survey can help
evaluate the presence and extent of any suspect asbestos containing
materials in any building and assess their condition.


The British Lung Foundation survey relating to asbestos concentrated on
builders, carpenters, plumbers, electricians, joiners and gas fitters.
The survey found one in 10 had felt under pressure to continue working
even if they had not seen an asbestos survey for the building and
suspected that asbestos was present. In addition, nearly a third of
those in the survey mistakenly believed that they did not need to see
any types of asbestos survey because asbestos had already been removed
from all British buildings.


The majority of tradesmen - 81% in the British Lung Foundation’s
asbestos survey - said they never, rarely or only sometimes asked if
the site they were working on had been checked for asbestos via an
official asbestos survey, before they started a job - even though it is
a legal requirement for them to see an Asbestos survey which informs
them of the presence of asbestos.


Under the Control of Asbestos Regulations 2006, it is a legal
requirement that all those that may disturb the fabric of any building
must have Asbestos Awareness Training. This form of awareness training
for asbestos helps tradespeople increase their general awareness of
asbestos within their working environment.
It has been estimated that as many as 20 tradespeople die every week as
a result of exposure to asbestos in their workplace. In fact exposure
to asbestos has been deemed as one of Britain’s biggest workplace
killers.


So why isn’t asbestos awareness training a number one priority for
all tradespeople because with better training they would reduce their
risks of asbestos related lung disease and mesothelioma. However if the
British tradespeople continue their ignorance to the dangers of
asbestos and don’t put their own health first then campaigns, like
those run by the British Lung Foundation, to eliminate asbestos related
cancers such as mesothelioma and make them a disease of the past, are a
lost cause.


So lets all strive to make our British tradespeople more aware of the
dangers of asbestos by making sure asbestos awareness training is a
core skill they all own and all tradespeople are presented with an
official asbestos survey before they start a job on a particular site.

Monday, April 28, 2008

Mesothelioma Prognosis: Knowing Your Chances

Some mesothelioma patients want to know about mesothelioma prognosis. They may have their own personal valid reasons for wanting to know their chances of survival or getting better. If you are a mesothelioma patient interested in the same thing, then you have the right to know. Do keep in mind though that there are various prognosis sources. Here are some important points you should consider when reading about asbestos cancer prognosis.

Prognosis Data

Where it Comes From - The first thing you should understand is where prognosis data comes from. Real prognosis information is based form statistical data. Researchers look into different mesothelioma cases through clinical studies to get average figures. This may mean that genuine prognosis information may be true for a large number of patients. This does not mean though that the information is always true.

Asbestos cancer cases can be unique. This is because a lot of different factors can affect mesothelioma. Some of these include your overall health, treatments taken, time when treatment began, mesothelioma type and severity of the condition. It is therefore important not to view prognosis information as absolutely true in your case.

Difficulties with Prognosis

It may be difficult to arrive at statistical or personal mesothelioma prognosis. This is because mesothelioma itself is not like many other forms of cancer. The condition is rare. Asbestos exposure, which is the primary risk factor linked to this condition is not always experienced by a lot of people. Those who also have the condition may not immediately seek doctors' assistance for diagnosis and treatment. The symptoms do not obviously point to the condition and may even mimic the symptoms of other diseases.

Statistical Information

So what do the statistical figures say? Since patients are often diagnosed late, the prognosis for many patients is not good. A lot of patients are told that they can expect to live for only less than a year. Again, there are exceptions to this prognosis. There have been personal accounts of patients who have survived for more than five years. Some even live up to ten years after diagnosis.

Diagnosis

Like other forms of cancer, early mesothelioma diagnosis is important. Early diagnosis means early treatment and higher chances of survival. Since early diagnosis is not often made due to the lack of unique symptoms, you may not even think that a doctor's visit is necessary. Your only clue that may suggest that you may need medical monitoring is asbestos exposure. This is only true however for individuals who work closely with asbestos. Patients who do not handle asbestos on a regular basis may not even remember or know that they have been exposed to asbestos.

Treatment

Treatment is one factor that can affect individual prognosis. Depending on your overall health, the stage of your disease and your doctor's evaluation, you may have to undergo one or two cancer treatment methods. Like other forms of cancer, mesothelioma may be treated through chemotherapy, surgery or radiation therapy.

Mesothelioma prognosis is definitely never definite. Although prognosis information can provide you with valuable insight about the disease, there is no reason to believe that you absolutely have no hope of surviving beyond a year.

Asbestos and Mesothelioma: Facts You Should Know

Asbestos and mesothelioma are two terms that often go together. If you are a little familiar about mesothelioma, you would know that asbestos plays a big part in it. Here are some facts you may want to know about mesothelioma and the role of asbestos.

Asbestos Exposure

The biggest risk factor to mesothelioma is past exposure to asbestos. Around 80% of mesothelioma patients have been previously exposed to asbestos. This is the reason why some people alternatively call mesothelioma asbestos cancer. There could be a lot of ways in which exposure may happen. One of the most common ways however is through work situations. Employees who work for companies that use asbestos are the most at risk of developing mesothelioma.

There are however some patients who claim that they never have been exposed. There may therefore be some other risk factors involved. There are also a number of patients who may not exactly recall when and where they were exposed to asbestos. This is especially true for people who have indirect asbestos contact. The fibers of asbestos for example can be inhaled or ingested from objects like the clothes of people working with asbestos.

Appearance of Symptoms

Early treatment is often the key to increasing cancer patient survival rates. It is possible that the same can be true for mesothelioma. Many asbestos cancer patients however only learn of their illness when it is at an advanced stage. This is because the symptoms of mesothelioma seem a lot like the symptoms of other diseases. Mesothelioma symptoms can therefore be a bit misleading. Moreover, the symptoms may appear only after 20-30 years after exposure. By that time many patients do not expect it and may even forget that they have had some experience with asbestos.

Litigation

Asbestos and mesothelioma are also often heard together in court rooms. This is because an asbestos cancer patient may have developed the illness due to company negligence. It has been proven in decades old cases that some companies were actually aware of the dangers of asbestos and did not take steps to protect their employees. In recent cases, it may still be possible for some companies to have been negligent despite existing asbestos handling laws.

If you have reason to think that a company has been negligent, you can sue. It is possible that you were not warned about asbestos or a company's precautionary measures were not up to standard.

Prognosis

On the average, mesothelioma prognosis is not good. Based on average statistical data, a patient may not live beyond one year. This is not however an absolute figure. There have been some patients who have lived for more than five years. It is important to remember that your particular condition may not be the same as other people's conditions. Your hopes of survival are affected by a lot of different personal factors.

Asbestos and mesothelioma truly are interconnected. If you have reason to believe that you have been exposed to asbestos, you may want to ask your doctor about monitoring.

Thursday, April 17, 2008

How Asbestos Litigation Plaintiffs Can Get Mesothelioma Lawsuit Loan In 3 Easy Steps?

Non-Recourse Lawsuit Funding for Mesothelioma Lawsuit Plaintiffs


If you are suffering from Mesothelioma or a loved one has died of
Mesothelioma, and you are a plaintiff involved in a Mesothelioma
lawsuit(asbestos lawsuit), and have hired a lawyer to represent your
claim then you may qualify for a Mesothelioma lawsuit funding or
lawsuit loan against the potential future proceeds you may receive from
your lawsuit.


This is called as Mesothelioma lawsuit funding, Asbestos lawsuit cash
advance, legal funding and litigation funding. It is also called as
Asbestos Lawsuit loan. But in true sense, these are not loans because
loans are repayable absolutely. But the Mesothelioma or Asbestos
lawsuit funding is a non recourse cash advance and it does not have to
be paid back unless the case is won or settled. What is Mesothelioma?


Mesothelioma is the scientific term used to describe a cancerous tumor
that involves the mesothelial cells of a body organ. Mesothelial cells
are cells that form a protective lining over the lungs, heart and
abdominal organs. The most common type of Mesothelioma is pleural
Mesothelioma.


What causes it? Asbestos Causes Mesothelioma:


Asbestos is the major cause of a number of ailments and diseases,
including the deadly cancer Mesothelioma in the United States. Asbestos
has actually been in use for centuries. The name asbestos was given to
this mineral by the Ancient Greeks and the word literally means
inextinguishable.


Who has the right to file a lawsuit to obtain compensation for Mesothelioma?


A Mesothelioma lawsuit can be filed by a person who has developed
Mesothelioma through exposure to asbestos. If the individual has died,
the lawsuit can be filed by a family member of victim, and also by
administrator or the executor of the estate of deceased. A lawsuit can
also be filed by a family member who has developed the Mesothelioma
disease through close contact with the victim person who was exposed to
asbestos.


If you are involved in a Mesothelioma or Asbestos lawsuit you know very
well that due to our tiresome legal process lawsuit moves forward in a
very slow and unhurried manner. Very often defendants are represented
by attorneys hired by big insurance companies. Therefore, even if, law
is on your side, deep-pocket defendants can manipulate or manage to buy
time with legal ploys and delays, and manoeuver to frustrate you. In
the legal battle, victory belongs to the most persevering.


In the confrontation between the stream and the rock, the stream always
wins — not through strength but by perseverance. What your attorney
needs, in order to get you the best settlement or fairest trial, is
time. Just as the defendants can buy time, so can you. Mesothelioma
lawsuit funding, the non-recourse loan helps you to get instant cash.


A lawsuit loan or lawsuit funding on your expected Asbestos or
Mesothelioma lawsuit settlement can help you now. If you are suffering
from Mesothelioma, you may need money to pay medical costs and other
monthly bills also.


From a reputed and good lawsuit funding company, you can obtain your Mesothelioma lawsuit loan in three easy to follow steps:


A. Step - Submit the Application: When you apply for Asbestos lawsuit
loan there is no application fee. A good lawsuit funding company should
not charge any upfront fee or any application fee, processing fee or
any monthly fee.


B. Step - Your attorney faxes the required documents to Mesothelioma lawsuit loan funding company.


C. Step - If approved for cash advance, funds are wired into your bank
account, the same day. Of course, you can take a bank check also.


Once you get a Mesothelioma lawsuit funding, you do not pay back until
you win or settle the case. If you do not win your Asbestos lawsuit,
you do not owe any money to lawsuit funding company. The loan that was
advanced by lawsuit funding company is not owed. Any fees that may have
accrued are not owed. You pay back lawsuit loan only if you win or
settle the case. No Win- No Pay Back, Period


If you are involved in an Asbestos lawsuit and you are under a
financial pressure now, the expected large settlement in future will
not take care of your present financial and emotional needs.


Mesothelioma lawsuit funding or Asbestos lawsuit loan, allows you to
get relief from present financial pressure, so you do not have to
settle your case simply because you need whatever money you can get
now.

Tuesday, April 15, 2008

Asbestos Cause Lung Mesothelioma Cancer

Asbestos induced lung cancer is known as Mesothelioma. It is a
dangerous disease that, while rare, is troublesome for several reasons.
For one thing, the initial symptoms of mesothelioma are ones that can
usually be associated with other, less threatening problems, including
asthma, old age, and being out of shape. Because of this, while only
3000 cases of mesothelioma are diagnosed every year, it is held that
quite a few fatal cases of seemingly harmless lung ailments were in
fact misdiagnosed cases of mesothelioma.


The inital cause of mesothelioma is the introduction of minute fibers
of asbestos into a person's lungs through inhalation. Asbestos is a
fibrous, fire retardant material that was commonly used in the past
several decades for fire proofing purposes. The fibrous nature of the
material causes it to fragment into small slivers that are easily
airborne and almost invisible to the naked eye. People who inhale the
fibers first develop a problem called asbestosis.


Asbestosis is the development of small scar tissue in the lungs due to
the fibers of asbestos. This scar tissue causes difficulty breathing,
and given time can block entire sections of the lung's air passages
altogether. However, if left unchecked, asbestosis causes a more severe
lung problem called mesothelioma, a form of lung cancer caused by
tumors in the lungs. The lungs and chest cavity in general develop an
excess of fluids due to the body's unsuccessful effort to combat these
tumors and the foreign particles (the asbestos fibers).


Symptoms


The earliest symptoms of lung asbestos problems is a harsh, rattling
breathing pattern commonly associated with smokers. The other symptoms
include shortness of breath, shallow breathing, and a drop in physical
endurance. Since these symptoms are commonly found in smokers as well,
it was a previously held misconception that asbestosis was also caused
by smoking filtered cigarettes. Recent studies show that this is not
the case - not that smoking is healthy, but rather only that the two,
while having the same symptoms, are not related.


If left unchecked asbestosis develops into mesothelioma, and the
symptoms worsen to sudden chest pains, even more difficulty breathing,
and even a "sloshing" feeling when breathing, like that experienced by
people during severe coughs where the lungs temporarily fill with
phlegm. Again, this symptom can be easily explained away as a case of
fever or cough, and can easily be misdiagnosed.


In either case, the only real way to determine if someone has
asbestosis or mesothelioma is to undergo an x ray. X ray scans can
detect the presence of asbestos fiber induced scar tissue, or the
formation of tumors in the lungs. Without an x ray there is no sure way
to determine the presence of asbestos in the lungs.


Effects


The effects of asbestosis and mesothelioma are ultimately fatal if left
unchecked. Pulmonary emboli, a condition where blood clotting forms in
the lungs and not only restricts breathing, but also sends these clots
into the blood stream and eventually causing cardiac arrest, is one of
the usual causes of death from asbestos inhalation.


The fluid buildup in the lungs, chest cavity, and chest lining brought
about by mesothelioma is another common cause of death, as this fluid
can literally fill a person's lungs, restricting breathing completely,
or can likewise cause cardiac arrest eventually. The lung tumors of
mesothelioma can also grow out of control, eventually eating away a
person's lungs like a regular cancer, or can cause severe wounds in the
chest cavity that causes internal hemorrhaging.


Treatment


Regular lung surgery can be used to treat early cases of asbestosis,
assuming that no cancers have developed yet. The survival rate is
pretty much on par with regular operations, so at this early stage
people can be treated with safety. However, if the asbestosis has
already developed into mesothelioma, regular surgery ceases to be an
option, as the average life expectancy of a patient after the operation
is only 5 years. Chemotherapy and laser surgery procedures geared
towards cancer treatment are the most effective medical procedures used
in tandem to treat mesothelioma tumors.


Avoidance/Safety Tips


One fact about asbestosis and mesothelioma is that the symptoms only
manifest between 20 to 50 years after inhaling the fibers, depending on
the fitness of the person and the amount of asbestos inhaled.
Therefore, at the first possible signs x rays should be taken to
determine of the problems are simply old age or not.


Wearing safety masks with air filters if working in an area with
asbestos is a must to prevent asbestosis and mesothelioma. This not
only includes factory workers who are exposed to industrial materials
laced with asbestos, but to civilians who travel through construction
and demolition sites where old houses are situated. The reason for this
is because some houses and buildings constructed in the 1970s and 1980s
included asbestos lining as part of the materials in an attempt at fire
proofing.

About Benign Multicystic Mesothelioma

Benign multicystic mesothelioma is a form of non-cancerous
mesothelioma. Mesothelioma affects the mesothelium, a protective
membrane that protects and lines most of the body's internal organs,
such as the lungs and the heart. It produces a fluid that lubricates
the organs and prevents friction when they move against other internal
organs in the body. The lungs, for example, can expand and contract
during breathing without the danger of it getting worn or torn once it
rubs against other structures. As a form of cancer, Mesothelioma is
considered uncommon whether or not it is malignant or benign.


Benign multicystic mesothelioma affects the peritoneal tissue of the
abdomen. This is the lining that surrounds organs like the bowel,
spleen and the liver. It may also affect the pleura, the lining that
covers the lungs. A person with this disease will develop tumors in the
affected areas. If the tumors grow, they will cause difficulty in
breathing or cause pain in the abdomen because of the added pressure
placed on the lungs or in the stomach cavity.


Symptoms
Making a diagnosis of benign multicystic mesothelioma is always a
challenge because a patient can appear to be without any symptoms.
However, there are certain symptoms that may point to the disease such
as, chest or abdominal pain, chronic cough, difficulty in breathing or
in moving bowels, shortness of breath, fever, nausea, vomiting, anemia,
swollen feet, fluid build-up in the lungs or in the abdominal area and
unexplained weight loss.


These symptoms appear once the infection begins to spread or when the
tumors grow too big. Complications may also occur once fluid escapes
into the pleura of the lungs and may pose a serious health risk.


Causes
As with the malignant form of mesothelioma, the cause of benign
multicystic mesothelioma is exposure to asbestos. This places workers
involved in industries and occupations where asbestos is produced or
used at a high risk of developing the disease. This includes people
whose occupations belong to certain industries such as construction,
demolition, automobile, ship yards, power plants, steel mills, oil
refineries, factories, railroads and asbestos mining.


Unfortunately, asbestos exposure is not only limited to workers in
high-risk industries. People may also be exposed to asbestos through
tainted drinking water, use of products that contain vermiculite such
as some pesticides and fertilizers, exposure to some older appliances
that contain asbestos or by living with a person who is exposed to the
material. Asbestos fibers can cling to a worker's skin, hair or
clothing and he or she may bring it home without even knowing it.


Diagnosis of benign multicystic mesothelioma
People suspected of having this disease have to undergo a physical
examination. This will include a chest x-ray and CT scan of the
affected areas. Biopsies of tissue samples taken from the lung or the
abdomen will also help in determining whether a person has benign
multicystic mesothelioma.


Once a diagnosis has been made, a treatment option will be prescribed.
Prognosis for people with benign multicystic mesothelioma is
significantly better compared to those with other forms of
mesothelioma. With early diagnosis and prompt treatment, patients can
expect a better outcome compared to people with the malignant form.


Treatment The goal of treating benign multicystic mesothelioma is to
remove the cause of the pain or discomfort. Which treatment options to
use will depend on the need for an immediate solution and on the
severity of the disease. In this case, the target of the treatment is
to eliminate the tumors. It's not always possible to eradicate all
tumors present in the affected area, but surgical removal will prevent
symptoms and alleviate any pain.


Chemotherapy may also be used to target the infected areas. With
radiation therapy, tumors are either shrunk or destroyed using high
energy beams. As a final solution to the disease, it is important that
further exposure to asbestos is either limited to such an extreme as to
produce only the minimum risk, or to avoid even mild exposure
altogether.


Benign multicystic mesothelioma is a highly treatable disease. If you
experience any of the symptoms or have had prior exposure to asbestos,
it's always best to consult a doctor for a proper medical evaluation
and diagnosis. This disease may not be cancerous, but it is still a
health risk and may prevent you from living your life fully. You may
even want to get in touch with a qualified lawyer to help you obtain
compensation for the suffering you have experienced.

Saturday, April 12, 2008

Effects of Asbestos Exposure to Human Health

Exposure to any type of asbestos will increase the risk of lung cancer, mesothelioma and nonmalignant lung and pleural disorders, including asbestosis, pleural plaques, pleural thickening, and pleural effusions. This conclusion is based on observations of these diseases in groups of workers with cumulative exposures ranging from about 5 to 1,200 fiber-year/mL. Such exposure would result from 40 years of occupational exposure to air concentrations of 0.125 to 30 fiber/mL.

Diseases from asbestos exposure take a long time to develop. Most cases of lung cancer or asbestosis in asbestos workers occur 15 or more years after initial exposure to asbestos. Tobacco smokers who have been exposed to asbestos have a "far greater-than-additive" risk for lung cancer than do nonsmokers who have been exposed, meaning the risk is greater than the individual risks from asbestos and smoking added together. The time between diagnosis of mesothelioma and the time of initial occupational exposure to asbestos commonly has been 30 years or more. Cases of mesotheliomas have been reported after household exposure of family members of asbestos workers and in individuals without occupational exposure who live close to asbestos mines.

Thursday, April 10, 2008

The Importance Of A Mesothelioma Attorney

The importance of a mesothelioma attorney is not fully appreciated by most people. Mesothelioma is an incurable form of lung cancer that is generally associated with exposure to asbestos fibers, and is probably the one form of cancer that has led to more lawsuits for damages than any other.

It would be thought that a person suffering from mesothelioma that had previously worked in the asbestos industry would have a cast iron case, but this is not in fact the case. The real facts are that mesothelioma is a term for cancer of the mesothelium, more commonly known as the pleura, the lining of the lung. The problem is that most forms of lung cancer are termed mesothelioma, and it can be extremely difficult to prove that they are caused by one source alone. This in itself could give a mesothelioma attorney a big headache. However, there is worse to come for them.

Smoking! Believe it or not around 80% of Mesothelioma cases in North America are caused by smoking - not asbestos! Hence, if a smoker contracts the disease then the asbestos companies will naturally use that as a defense, and claim that smoking was the real cause and not the asbestos. Your mesothelioma attorney now has a real fight on his or her hands to get you any compensation at all. Now that compensation for asbestos relayed cancers has reached very high levels, most asbestos companies will vigorously contest any case against them, and the services of a good attorney are absolutely essential if you are to have any success at all.

One of the problems involved here is that, just as smoking has not been definitively proved to cause lung cancer, neither has exposure to asbestos. Most doctors will agree on the relationship, but the courts require proof, and it is not there. There are still those that deny any relationship, and without cast-iron evidence their claim could be construed to be as legally valid as those of the vast majority that believe in the relationship. However, belief is not proof, even when that belief is held by over 95% of the population!

It is strange, however, that most people will accept that asbestos can cause mesothelioma while many that do so will not believe the same of smoking. It seems a case of unwilling to accept what might affect themselves. However, all of this is academic, and you will need a good mesothelioma attorney if the compensation awarded is to be sufficient to provide the palliative care that all mesothelioma patients will eventually need.

Most will require hospice care so that some of the pressure can be taken from their family, and while hospices in Europe are free, this is not true of the USA. What is certain is that a smoker will not receive the same level of compensation as a non-smoker since it has been established that smokers who are also known to have had long-term contact with asbestos are more likely to contract the disease than any other.

The importance of a mesothelioma attorney cannot be overemphasized, and if you are seeking one then there are many choose from since it is a lucrative profession. Make sure that you choose a good one, since there are also many of these around. Here are a few tips:

1. Make sure that your attorney has handled mesothelioma cases before, and that yours is not their first case.

2. Have they had previous successes in such cases, and what level of compensation have the succeeded in achieving?

3. Does your mesothelioma attorney have the backing of a good law firm, with others that can take over the case in the event of illness, or is your attorney a one man band. You are better to have a group of people helping you than a individual with this type of case.

4. Is your case being handled as an individual case or as as part of a class action. Class actions can save a lot of trouble, but can also result in a lower level of compensation - not always though, so discuss it with others who may have been involved in both before making a decision.

These are some of the aspects of your case that should be discussed with your solicitor. However, once you have considered everything related to your claim, you will always have to fall back to one simple decision. Who is to be your mesothelioma attorney and what instructions are you going to give.

Sunday, April 6, 2008

UK Asbestos Regulations

Asbestos has been one of the most discussed health topics of the last few decades. This is due to the fact that asbestos emits invisible fibres that can have harmful effects on anyone who comes into contact with them for prolonged periods.

Research has shown that asbestos fibres are the catalyst for many diseases including Lung Cancer, Pleural Thickening and Mesothelioma. With this research in mind, and conclusive proof that asbestos kills, many governments from around the world have hastened to ban the usage of asbestos in any form. Many laws and legislations have been put in place to ensure that asbestos is not imported manufactured or used.

Like other governments from around the world, the UK government has taken steps to prohibit the usage of asbestos. Many laws have been passed for this purpose.

Below are some examples of the laws approved by the UK Government against the usage and import of asbestos into the country in any form.

- Asbestos (Licensing) Regulations (1983) - Asbestos (Prohibition) Laws (1999) - Control of Asbestos at Work Regulations (2002) - Control of Asbestos Regulations (2006)

The Asbestos (Licensing) Regulations were put in place in 1983. The key features of these regulations being:

- To insure that all asbestos related insulating work is carried out by licensed asbestos contractors. This clause was added in 1998

- The contractors need to file an application at least 14 days prior to the day work is to commence for approval. The law was amended to include this clause in 2003

- The contractors need to follow certain terms and conditions which must be in accordance with the approved code of practice

- The Asbestos (Licensing) Regulations was replaced by Control of Asbestos Regulation in 2006

The Asbestos (Prohibition) Laws were implemented in 1999 and have the following key features:

- This law was actually accepted in 1985 and banned the use and import of Blue Asbestos (Crocodilite) and Brown Asbestos (Amosite).

- In 1999, this law was modified to include the prohibited usage of White Asbestos (Chrysotile).

- In 2002 the import of White Asbestos (Chrysotile) was banned and included in the law.

- In 2006 this law was replaced by Control of Asbestos Regulations.

2002 saw the implementation of the Control of Asbestos at Work Regulations. The following points offer a general overview of these regulations:

- These regulations set a limit to the amount of asbestos a person may be exposed to - Conditions need to be completely controlled when work with asbestos is to take place. This was implemented in 1987 - The asbestos based materials in the construction need to be properly recognized - In 1993 it was made law to replace asbestos based materials whenever and wherever possible - In 2002 it was made necessary to properly manage and identify all asbestos related materials - In 2006 this law was replaced by The Control of Asbestos Regulations

The Control of Asbestos Regulations 2006 is the most recent and the most comprehensive collection of regulations approved by the UK government to date in their fight against asbestos related deaths.

Friday, April 4, 2008

The Importance of Your Mesothelioma Attorney

The importance of a mesothelioma attorney is not fully appreciated by most people. Mesothelioma is an incurable form of lung cancer that is generally associated with exposure to asbestos fibers, and is probably the one form of cancer that has led to more lawsuits for damages than any other.

It would be thought that a person suffering from mesothelioma that had previously worked in the asbestos industry would have a cast iron case, but this is not in fact the case. The real facts are that mesothelioma is a term for cancer of the mesothelium, more commonly known as the pleura, the lining of the lung. The problem is that most forms of lung cancer are termed mesothelioma, and it can be extremely difficult to prove that they are caused by one source alone. This in itself could give a mesothelioma attorney a big headache. However, there is worse to come for them.

Smoking! Believe it or not around 80% of Mesothelioma cases in North America are caused by smoking - not asbestos! Hence, if a smoker contracts the disease then the asbestos companies will naturally use that as a defense, and claim that smoking was the real cause and not the asbestos. Your mesothelioma attorney now has a real fight on his or her hands to get you any compensation at all. Now that compensation for asbestos relayed cancers has reached very high levels, most asbestos companies will vigorously contest any case against them, and the services of a good attorney are absolutely essential if you are to have any success at all.

One of the problems involved here is that, just as smoking has not been definitively proved to cause lung cancer, neither has exposure to asbestos. Most doctors will agree on the relationship, but the courts require proof, and it is not there. There are still those that deny any relationship, and without cast-iron evidence their claim could be construed to be as legally valid as those of the vast majority that believe in the relationship. However, belief is not proof, even when that belief is held by over 95% of the population!

It is strange, however, that most people will accept that asbestos can cause mesothelioma while many that do so will not believe the same of smoking. It seems a case of unwilling to accept what might affect themselves. However, all of this is academic, and you will need a good mesothelioma attorney if the compensation awarded is to be sufficient to provide the palliative care that all mesothelioma patients will eventually need.

Most will require hospice care so that some of the pressure can be taken from their family, and while hospices in Europe are free, this is not true of the USA. What is certain is that a smoker will not receive the same level of compensation as a non-smoker since it has been established that smokers who are also known to have had long-term contact with asbestos are more likely to contract the disease than any other.

The importance of a mesothelioma attorney cannot be overemphasized, and if you are seeking one then there are many choose from since it is a lucrative profession. Make sure that you choose a good one, since there are also many of these around. Here are a few tips:

1. Make sure that your attorney has handled mesothelioma cases before, and that yours is not their first case. 2. Have they had previous successes in such cases, and what level of compensation have the succeeded in achieving? 3. Does your mesothelioma attorney have the backing of a good law firm, with others that can take over the case in the event of illness, or is your attorney a one man band. You are better to have a group of people helping you than a individual with this type of case. 4. Is your case being handled as an individual case or as as part of a class action. Class actions can save a lot of trouble, but can also result in a lower level of compensation - not always though, so discuss it with others who may have been involved in both before making a decision.

These are some of the aspects of your case that should be discussed with your solicitor. However, once you have considered everything related to your claim, you will always have to fall back to one simple decision. Who is to be your mesothelioma attorney and what instructions are you going to give

Mesothelioma Litigation Facts

Mesothelioma litigation is an option for mesothelioma patients. Litigation however is not an easy path to consider. Before you choose to sue, there are a couple of crucial facts that you should be aware of.

You have the right to sue.

In some cases, your condition may be caused by the negligence of others. Mesothelioma is a type of cancer that results from exposure to asbestos fibers. Like any average individual, you probably wouldn't consider exposing yourself to asbestos of your own free will. You may have been exposed to asbestos due to your work or due to a family member who works with asbestos.

So why should you sue if you find out you have mesothelioma? Companies that hire individuals to work on asbestos would typically know that there are certain dangers involved in handling the mineral. Company safety rules should therefore be strictly implemented to prevent asbestos exposure. If you develop mesothelioma, it may be due to a company's inability to protect and warn people against the dangers of asbestos.

Different states have different laws regarding mesothelioma cases.

Mesothelioma litigation procedures aren't always the same. Different states have different rules and laws covering mesothelioma cases. One thing is common though, various localities have their own set specific time frames for litigation procedures. It is therefore very important that you seek legal assistance as soon as you have been diagnosed with mesothelioma. If you act too late, you may not be able to get the monetary compensation that is rightfully yours.

Not every lawyer can handle a mesothelioma case.

Some lawyers do not handle mesothelioma litigations. Not every lawyer however is ready or equipped to do so. Every lawyer has his/her own line of specialty. There are therefore some lawyers who know better how to handle a mesothelioma case. A mesothelioma lawyer would know better the legal technicalities, laws and details involved in a mesothelioma case. Other than these, he would also have sufficient disease knowledge to help clients trace exposure details and determine the extent of physical, emotional and financial damage.

Time is of the essence in a mesothelioma case. This does not mean though that you should be haphazard in your choice of a lawyer. Make sure that the expert that you pick has had some background and success in mesothelioma cases. A good lawyer can make the difference between prompt financial or emotional relief and absolute loss.

Litigation can be expensive.

Like any form of lawsuit, mesothelioma cases can also be costly. Many legal entities however are aware that many clients are not able to pay outright. The collection of fees is therefore postponed until damages are awarded. Be warned though that attorney's fees for mesothelioma cases can be quite steep. Lawyers can collect up to 40% of the total amount awarded. For many patients though this is already considered a fair deal. After all, mesothelioma cases are not easy to handle and win.

Mesothelioma litigation may not be easy. The compensation however, that you can hope to get after the procedure can be a great help to you and your family.