Legal Options for Those Affected by Asbestos-Related Disease
According to the EWG Action Fund, approximately
10,000 people die annually from asbestos-related disease. These figures
are expected to escalate over the next decade, not only because of the
extended latency period of asbestos-induced illness, but also due to the
widespread application of asbestos throughout the 20th
century. These figures are no doubt alarming, but the greatest tragedy
of this epidemic is by far the established negligence on behalf of the
asbestos industry, which has and will continue to claim thousands of
innocent lives.
Historical records and internal
memos distributed within the industry has proved asbestos companies were
fully aware of the hazards of asbestos exposure, but opted to preserve
profit margins rather than human lives. Because of this unimaginable
negligence, such companies are held responsible for the illness of those
suffering with asbestos-induced diseases, such as asbestosis and
mesothelioma cancer.
Who has the right to file suit?
Those afflicted with a condition
caused by asbestos exposure have legal options to pursue compensation to
cover the costs and personal losses suffered by their undue illness
(personal injury suit). In addition, family members of those who have
passed away from an asbestos-related disease also have the option to
file a wrongful death suit against the entity that caused their
exposure. In the event that the individual filing a personal injury
lawsuit passes away during the legal process, that case must come to an
end and a family member must then file a wrongful death suit to cover
accrued medical expenses.
Choosing an Attorney
In order to receive fair
compensation, victims of asbestos-related disease should hire a lawyer
who is experienced in this very unique division of law. There are vast
differences between asbestos exposure and other work-related hazards,
and attorneys who are skilled in this arena already have the necessary
research and supportive evidence that are indispensible for winning such
cases. A
mesothelioma lawyer also has contacts with various organizations
that are active in the fight for worker’s rights regarding
asbestos-induced disease, such as the Occupational Safety and Health
Administration, the Federal Railroad Administration, AFL-CIO, and the
National Transportation Safety Board.
It is vital for those deciding to
file a claim to experience feelings of comfort and trust with the lawyer
they choose, as well as a sense that communication will remain
understandable, open, and timely. In addition, a lawyer should be
chosen that meets most of the victim’s needs: close proximity, sound
reputation, convenience of meeting times (the sooner the better, since a
delay may exceed the state’s statute of limitations, leaving the victim
unable to make a claim), and reasonable rate fees (which are typically
only paid if the case is won).
There are many steps and factors to
consider when filing an asbestos-related lawsuit—and an experienced
mesothelioma lawyer can fully explain and help victims through this
often complex process. For more information about the filing process,
trial procedures, settlement matters, and other legal options available
to victims of asbestos-related disease, please review the extensive
resources at Asbestos.com.
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