This is a glossary of legal and medical terms associated with asbestos litigation. The Madeksho Law Firm provides this information for clients and others seeking a better understanding of asbestos, mesothelioma, and other asbestos-related illnesses.
Actinolite is one of the six naturally occurring fibrous minerals that are members of the asbestos group. Actinolite is a translucent white to gray-green, flexible, and elastic fiber. Actinolite has not been used in commercial products.
An affidavit is a written statement sworn to be true by the author and verified by a notary or another official. Affidavits may be accepted as evidence in place of testimony in court.
Amosite is one of the six naturally occurring fibrous minerals in the asbestos group. Amosite fibers are straight and brittle and are light gray to pale brown in color. Amosite is one of the most commonly used commercial asbestos fibers.
The amphibole group is one of two subgroups of asbestos fibers. Amphibole fibers are characterized by a chain-like structure. Actinolite, amosite, anthophyllite, crocidolite, and tremolite are amphibole fibers.
Anthophyllite is a dark brown asbestos fiber in the amphibole group. This form of asbestos was not typically used in commercial applications.
An appeal is a request to a higher court to reverse a decision made by a lower court after the lower court has rendered a final judgment. New evidence is not admitted during an appeal - the process is strictly a reevaluation of legal arguments.
Asbestos bodies, also known as ferruginous bodies, are foreign objects that form when asbestos fibers build up in the body. Their presence in a person's sputum (saliva and mucus from the lungs) indicates significant previous exposure to airborne asbestos.
Asbestosis is a chronic, progressive lung disease. It is characterized by scarring in the lung tissue caused by asbestos fiber buildup, which leads to decreased lung capacity and breathing problems.
A biopsy is a medical procedure in which a tissue sample is removed from the body for microscopic analysis. Biopsies are frequently used to identify mesothelioma and other cancers.
Cancer is a growth of malignant cells in the body, typically in the form of a tumor, that tends to metastasize (spread) to other areas of the body. Cancers are classified based on the area in which they originate. For example, mesothelioma is a cancer that originates in the mesothelium.
A substance is defined as carcinogenic if exposure to that substance has been linked to the development of cancer.
A carcinoma is a cancer that begins in the skin or in the tissues that line the internal organs.
COPD is a progressive lung disease characterized by wheezing, chronic cough, and other breathing problems. It is associated with bronchitis, pneumonia, and lung cancer.
Chrysotile is a white, fibrous mineral in the asbestos group. It is the only mineral in the serpentine subgroup of asbestos. Chrysotile is used in up to 95 percent of industrial asbestos applications.
A class action is a type of lawsuit filed by one or more representative individuals on behalf of a large group of people. Class action suits must be filed against a defendant who has wronged a large group of people in the same way or in similar ways. This system allows a judge to hear a large number of lawsuits at the same time.
Crocidolite, also known as "blue" asbestos, is an amphibole asbestos fiber that ranges in color from indigo to yellow-green. Crocidolite is commonly used in insulation and other building materials.
In a court case, the defendant is the party against which the plaintiff has asked the court to order corrective action, often in the form of financial damages.
The epithelium is a membranous tissue in the body that lines body cavities and internal organs, as well as the external surface of the skin (epidermis).
A judgment is the final decision rendered by a court in a lawsuit or an appeal.
The latency period for an illness is the period between exposure to the disease and the presentation of symptoms. Asbestosis, mesothelioma, and other asbestos-related illnesses are characterized by long latency periods, often as long as 30 years or more.
Lung cancer is the uncontrolled growth of malignant cells in the tissue of the lungs. Lung cancer is sometimes caused by asbestos and is many times more likely in smokers who have also been exposed to asbestos fibers.
Mesothelioma is an aggressive cancer of the mesothelium. Mesothelioma is nearly always linked to previous asbestos exposure.
The mesothelium is a membrane that lines internal body cavities containing the heart, the lungs, and the intestines.
Negligence is a legal term defined as the failure to exercise reasonable care toward others, or acting in a way that a reasonable person would not. The concept of negligence is the basis for much civil litigation, both asbestos-related and otherwise.
When making a claim based on the doctrine of negligence, the plaintiff must show that the defendant had a duty to the plaintiff specifically or to the general public, that the defendant's action or failure to act was not what a reasonable person would do, and that quantifiable damages were caused by the defendant's action or failure to act.
OSHA is a U.S. government agency charged with enforcing safe and healthy working conditions for American workers.
In a lawsuit, the plaintiff is the party who files suit against the defendant, attempting to claim some kind of compensation for damages.
Pneumoconiosis is fibrosis and scarring of the lungs, typically caused by occupational exposure to airborne dust from asbestos, silicates, or coal.
A respirator is a device that protects the wearer from hazardous airborne particles. Respirators can be used on the job by individuals working with asbestos and other hazardous materials to prevent unsafe exposure.
Serpentine is one of the subgroups of asbestos fibers. Chrysotile is the only asbestos fiber in the serpentine subgroup.
A settlement is the resolution of a lawsuit out of court, before a formal judgment has been rendered. Settlements are typically reached during negotiations between lawyers and the parties involved in the dispute. Most lawsuits are resolved via settlement.
A statute of limitations sets a maximum time limit after which an individual loses the right to file suit. Different statutes of limitations are established for different types of claims.
Strict liability is automatic responsibility for damages due to the ownership or use of equipment, materials, and other possessions that are inherently dangerous to others.
Tremolite is one of the amphibole asbestos fibers. It is a flexible, elastic translucent white to gray-green fiber. Tremolite has not been used commercially.
A trial is the process of examining the facts and law in a lawsuit or other legal action. A trial involves the presentation of evidence to the court (including witness testimony), arguments by the lawyers for the plaintiff and defendant, and a judgment by the court. In a jury trial, a jury deliberates to reach a verdict.
A verdict is the binding decision of a jury that concludes a trial.
The Madeksho Law Firm is one of the most experienced legal practices concentrating on asbestos-related litigation. If you or someone you love is suffering from mesothelioma or another asbestos-related illness, please contact the Madeksho Law Firm to discuss your case with one of our attorneys.
Contact the Madeksho Law Firm to learn more about mesothelioma and asbestos litigation.
Contact the Madeksho Law Firm, specializing in mesothelioma and asbestos litigation, to speak with our lawyers about your case. Our consultations are free, and we serve asbestos victims nationwide.