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April 2015 Archives

Traditional investigation methods may be best in asbestos cases

When people are diagnosed with a serious illness, they typically want explanations and information about what factors may have contributed to their condition. With all the advancements in technology and medicine, much of this information can be made available to patients.

Veterans: Seeking help when seeking benefits can be crucial

Veterans of the U.S. military should know that they can be eligible for benefits if they get sick or hurt while on active duty. Unfortunately, veterans also know that it can be a frustrating and complicated process. In many cases, navigating the system to apply for benefits successfully can just add stress to an already difficult situation.

Asbestosis: difficult to treat, impossible to reverse

There is no doubt that exposure to asbestos is dangerous. It can cause irreparable damage to a person's lungs and other vital organs, and it should be avoided when at all possible. Unfortunately, millions of people were exposed to asbestos decades years ago and may not have even been aware that they were at risk of breathing in toxic fibers.

Cumulative exposure urged as cause of asbestos-related death

Two critical elements in any case seeking recovery for a death caused by mesothelioma or other asbestos-related disease are (a) proof that the decedent was exposed to asbestos fibers and (b) proof that the fibers were a substantial factor in causing the disease to develop. In a case that could have a significant impact in North Carolina, the Pennsylvania supreme court is being urged to accept the theory that the cumulative effect of repeated exposure to asbestos is sufficient to meet the plaintiff's burden of proof on the issue of causation.

Asbestos often found in historic buildings

If you live or work in a building that was built before the 1980s, chances are pretty good that it was built with products containing asbestos. The fiber is often found in roofs, tiling, insulation or plumbing systems in older structures because it was an inexpensive, strong material used for its fireproofing qualities.

FAQ About Property Owner Liability In North Carolina

At the Law Offices of Wallace & Graham, we receive many calls and emails asking whether a property owner may be held liable for compensating a building tenant or resident for contracting mesothelioma due to asbestos used in the building materials. We thought we would use this blog post to discuss some of the most frequently asked questions and answers.

Mesothelioma advocates fight to defeat FACT Act

Advocates for victims of mesothelioma in North Carolina and throughout the country are working hard to fight a bill that is currently supported by the U.S. Chamber of Commerce. The Furthering Asbestos Claims Transparency Act – also known as the FACT Act – would complicate the process for victims seeking compensation for asbestos exposure, according to opponents of the bill.

Investigation reveals many uncounted N.C. workplace deaths

A recent investigation by the Raleigh News & Observer found that the state of North Carolina reports and investigates only a fraction of deaths that occur in the workplace. Thus, the recent report from the North Carolina Labor Commission that the work-related death toll was the lowest since 2001 is based on only a partial count of actual workplace deaths.

Do workers' compensation claims always involve OSHA violations?

Victims of mesothelioma -- or any workplace illness, for that matter -- should understand that they are very likely eligible to pursue workers' compensation benefits. Most companies in North Carolina and across the U.S. are required to carry this type of insurance and this money is available to people who get injured or sick in the course of their employment.

Know the dangers of talc and where it is often used

In this blog, we regularly discuss the dangers of exposure to asbestos. However, there are so many types of chemicals and materials that can be just as harmful as asbestos, but like asbestos, are not banned in the United States. One such ingredient is talc.

Agency cites firm for failing to disclose presence of asbestos

The United States Occupational Safety and Health Administration (OSHA) has drafted regulations to protect workers from exposure to asbestos, and these regulations apply to every state. When OSHA levies a fine on a company in one state for violating these regulations, the action may also pose a warning for companies in North Carolina. Thus, the recent decision by OSHA to levy fines on a company in another state may have implications for employers in North Carolina.

What needs to be established in product liability lawsuits?

If you or a loved one has recently been diagnosed with a disease like mesothelioma or asbestosis, there is no doubt that that you are dealing with a very upsetting situation. You are likely consumed with fear, stress and confusion; money and complicated legal claims may be the last things on your mind. However, it is crucial that you understand that you have the option to hold accountable the party responsible for causing the illness.

When spring cleaning, take extra precautions with asbestos

This time of year, homeowners all across North Carolina will be doing some spring cleaning. Whether the plan is to do some light yard work or some more extensive renovations in the home, it is crucial for property owners to take very seriously the dangers of asbestos.

$1.6 Million verdict for asbestos in cosmetic talc affirmed

In a decision that could have ramifications for persons in North Carolina and other states, a New Jersey appellate court has affirmed a verdict of $1.6 million in favor of a man who was exposed to asbestos-containing cosmetic talc from his father's work clothing. The case is believed to be the first involving cosmetic talc.

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