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My father was recently diagnosed with Mesotheliomia. I think he got asbestos exposure from his manufacturing company. Can I sue?
Recently, my father was diagnosed with lung cancer (mesothelioma). The doctor said he had a prolonged exposure to toxins, quite possibly asbestos. He has always maintained a good diet, doesn't smoke or drink, and exercises regularly. However, my father did work as a transporter of industrial and manufacturing products but has been retired for more than ten years. Does my father have any legal remedies?
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Answers (1)
Mesothelioma is a form of lung cancer that is almost always caused by asbestos exposure and is most commonly found in the outer lining of the lungs called the mesothelium. A majority of the people who develop mesothelioma contract this cancer through breathing in asbestos fibers or being exposed to asbestos dust for a prolonged period of time. In your father's case, his daily exposure to even trace elements of various toxins may have contributed to his ailment. His doctor would be able to provide the best assessment on that issue.
One government organization that may help your case is the Occupational Safety and Health Administration (OSHA). The OSHA's mission is to prevent work-related injuries, illnesses, and deaths by issuing and enforcing rules (called standards) for workplace safety and health. They have set a permissible exposure limit of 1 part of benzene per million parts of air (1 ppm) in the workplace during an 8-hour workday, 40-hour workweek. In addition, a toxic tort may be filed against the manufacturer of the toxic product.
Please take note of laws for the Statutes of Limitation. This is the period of time within which you must file your claim, or lawsuit; otherwise, your right to sue is forfeit. In the case of mesothelioma or asbestosis, this period begins when you are diagnosed. The statute of limitations varies considerably from one state to the next so it would be best to consult with an Environmental Lawyer.
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Posted by Jason Tong on 05 Apr 2010