If you live in Nevada and are experiencing symptoms of mesothelioma or other asbestos diseases, you may be entitled to financial compensation for:

• Medical bills,
• Long-term care,
• Lost wages,
• Lost earning capacity, and
• Pain and suffering.

It can take up to 50 years for asbestos-related illnesses to manifest themselves. Once you discover that you have an asbestos-related illness or disability, however, it is essential you contact an experienced attorney at once about bringing an asbestos case to keep from losing your right to compensation.

If you suspect that asbestos exposure caused your health problems, we invite you to contact our caring Nevada personal injury lawyers to determine whether you are eligible for a mesothelioma lawsuit.

To help you better understand asbestos litigation and the legal process in Nevada, our Las Vegas mesothelioma attorneys discuss the following:

• 1. What is asbestos?
• 2. How does asbestos cause mesothelioma?
• 3. What are other asbestos-related diseases?
• 4. How long do I have to sue for asbestos exposure?
• 5. What compensation can I get for asbestos exposure?
• 6. Asbestos in Nevada
• Additional reading

1. What is asbestos?

Asbestos refers to a set of six naturally occurring fibrous minerals that are highly durable and resistant to fire and chemical reactions. Because of these qualities, asbestos has been used for thousands of years to insulate and fireproof buildings.

In recent decades, it has been discovered that asbestos is a known human carcinogen. While most people who are exposed to asbestos-containing products never become ill, it is important to note that there is no safe type of asbestos and no safe level of exposure. Nearly all those with a long-term exposure history to loose asbestos fibers are at risk of developing:

• serious respiratory health complications or
• asbestos-related cancer, mesothelioma.

Those most at risk from asbestos exposure are people with work histories as :

• construction workers,
• miners,
• factory workers,
• insulation manufacturers and installers,
• railroad and automotive workers,
• shipbuilders/shipyard workers,
• gas mask manufacturers,
• plumbers and
• others who work with asbestos particles.

Note that it is rare to develop an illness due to exposure to asbestos contained within solid building materials. Though if these materials are damaged or improperly removed, they can release asbestos fibers which workmen can then inhale.¹

2. How does asbestos cause mesothelioma?

Asbestos fibers are microscopic and are easily inhaled or swallowed. Unfortunately, though tiny, they are also quite rigid and not easily expelled or broken down by the body. Rather, they act like hook-and-loop fasteners that cling to the tissues of the lungs and other parts of the respiratory system.

Mesothelioma is an aggressive cancer that can result from the carcinogens in asbestos. Its most frequent form is pleural mesothelioma, which affects the lining of the lungs.

Other forms of the disease are:

• peritoneal mesothelioma (affecting the lining of the abdominal cavity) and
• pericardial mesothelioma (affecting the lining of the heart).

The prognosis for mesothelioma victims is poor; however, there are treatment options following a mesothelioma diagnosis.

Just as importantly, it can take up to 50 years between when the asbestos exposure occurred and when you develop mesothelioma. This can make it difficult to track down the responsible party in mesothelioma cases. Plus the witnesses we would want to interrogate in depositions may be long deceased.

Women and young adults in Clark and Nye Counties in Nevada have higher-than-normal mesothelioma rates, according to a 2015 study. A separate study from the same year determined that winds carry naturally-occurring asbestos fibers into these counties.²

3. What are other asbestos-related diseases?

Asbestos warts

For some Las Vegas residents, asbestos poisoning may manifest as asbestos warts. These benign growths occur when microscopic fibers of asbestos become lodged in the skin, generating callus-like fibrous masses.³

Pleural plaques and respiratory illness

The most dramatic effects of asbestos poisoning can be seen in the lungs. Pleural plaques are like asbestos warts on the lungs—small, thickened areas.

Sometimes these plaques present no additional difficulties and are only visible via x-ray. In more serious cases, pleural plaques on the lungs can develop into a condition called “diffuse pleural thickening.” In this condition, the lung tissue swells and can cause difficulty breathing.

Other conditions associated with the dangers of asbestos include:

• asbestosis (scar tissue in the lung) and/or
• lung cancer.⁴

4. How long do I have to sue for asbestos exposure?

In general, you have a statute of limitations (time limit) of just two years to file an asbestos lawsuit from the date on which:

• You were first diagnosed with an asbestos-related illness, or
• You could have discovered the illness had you exercised reasonable diligence.

However, it is not always clear when your illness can be definitively traced to asbestos exposure.

As a result, it is best to consult with an experienced Las Vegas asbestos lawyer before concluding that your legal action is time-barred.⁵

5. What compensation can I get for asbestos exposure?

In addition to mesothelioma compensation for medical expenses, long-term care, lost wages, and lost earning capacity, your injury case may entitle you to recover for:

• Pain, suffering and other “non-economic” losses,
• Punitive damages (up to $300,000 or three times your economic losses), or
• Damages from the wrongful death lawsuit of a family member.⁶

An experienced mesothelioma lawyer will fight to ensure you receive the maximum amount of compensation possible in your personal injury lawsuit. When you are battling a life-threatening illness, the last thing you should be worried about is financial security.

6. Asbestos in Nevada

It was not until 2013 that the Soil Science Society of America discovered that asbestos is naturally occurring in Nevada. They found asbestos in all 43 samples they took throughout Clark County.

Although asbestos was never mined in Nevada, vermiculite ore contaminated with asbestos was shipped in from out of state mines such as the W.R. Grace Mine in Libby, Montana. Nevada companies which processed this ore include a refiner in Overton and the following drywall manufacturers:

• Flintkote Company Gypsum Products Division in Arden/Blue Diamond,
• Pabco Gypsum/Johns Manville in Apex/Las Vegas, and
• U.S. Gypsum Company in Gerlach/Empire.

However, the U.S. Environmental Protection Agency (EPA) has since determined the amount of asbestos remaining in the soil and air in those areas is less than 1% and therefore does not require cleanup.

Meanwhile, workmen at various chemical plants in Nevada may have also been exposed to asbestos. Plus in 2008, asbestos waste was found in the Sunrise Mountain Landfill: This resulted in a $1 million fine for violating the Clean Water Act.⁷

Casinos

Asbestos exposure has occurred in several Nevada casinos, including:

• Bally’s
• Binion’s Horseshoe
• Flamingo
• Harrah’s
• Hilton
• Landmark
• Sands
• Vagabond Inn

Exposure typically occurred during remodeling where asbestos dust became airborne, and both workers and patrons inhaled it. In 2006, Harrah’s paid nearly $7,000 in fines for failing to provide workers with protective gear while they removed asbestos.⁸

Additional reading

For more in-depth information, refer to these scholarly articles:

• Issues in Asbestos Litigation – Hastings Law Journal.
• Asbestos Litigation in the United States: Triumph and Failure of the Civil Justice System – Connecticut Insurance Law Journal.
• Mass-bestosis: Examining the American Asbestos Litigation Phenomenon – Journal of Business and Applied Sciences.
• Mesothelioma and the law – Medico-Legal Journal.
• The Scope and Impact of Asbestos Litigation – Texas Law Review.
• Fraud and Abuse in Mesothelioma Litigation – Tulane Law Review.
• Challenges Facing Mesothelioma Patients and Their Families: Medical/Legal Intersections – Asbestos and Mesothelioma.

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Legal References