The Challenges of Asbestos Litigation: What You Need to Prepare For
The prospect of taking legal action to seek damages that you feel are rightfully yours feels like a massive uphill battle.
This might be something that you have never done before in life, and you may have heard stories about how long legal cases can take, how stressful they are, and more. In the end, you might be feeling like it just isn’t worth it to go ahead and fight for your rights in an asbestos case. Of course, nothing could be further from the truth.
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If you believe that you were exposed to asbestos, even as a child, speak to a healthcare provider about tests and screening to help diagnose lung-scarring and screen for asbestos-related diseases.
“The overall evidence suggests there is no safe level of asbestos exposure.”Source: National Cancer Institute (NIH)1 |
It can be daunting to file an asbestos claim. That’s where an asbestos attorney comes in.
It’s always important to fight for your rights, especially when it comes to something as serious as asbestos and the impact it can have on your health or the health of your loved ones. If you have been harmed by asbestos and a company is to blame through its negligent actions, pursuing the appropriate damages is a reasonable and logical course of action.
AsbestosClaims.Law handles everything, and you pay nothing unless you receive compensation.
We’d like to help set your mind at ease regarding this process by outlining some of what you’ll need to know below. Of course, every case is different and you can’t know exactly how things are going to unfold, but having the basic process in mind will help give you some perspective and keep you on the right track.
What is Asbestos and Why Is It Dangerous?
First, let’s go over the basics of asbestos and why it has been able to cause harm to so many people. You might be surprised to learn that asbestos is actually a naturally occurring material – the name covers a group of fibrous minerals that are found in soil.
| Chrysotile | Crocidolite | Amosite | Anthophyllite | Actinolite | Tremolite |
 |  |  |  |  |  |
Often it is artificial, man-made products that wind up being harmful to humans, but this is a case where something found naturally can be applied to these things and be extremely dangerous.
It is when the tiny asbestos fibers become airborne and are inhaled or ingested that they become dangerous. Since the fibers can lodge in your lungs and other areas inside the body and remain there for years, they will have plenty of time to do damage and potentially lead to various asbestos-related diseases.
“Some asbestos fibers may bypass…your body’s natural defenses…and lodge deep within your lungs. Those fibers can remain in place for a very long time and may never be removed.”Source: American Lung Association |
Some of the many health risks associated with asbestos exposure include lung cancer and mesothelioma. These conditions can be fatal, and they tend to develop long after the asbestos exposure has occurred.
“Generally, those who develop asbestos-related diseases show no signs of illness for a long time after exposure.”Source: National Cancer Institute (NIH)2 |
Even if you or a loved one was exposed to asbestos early in life and only got sick decades later, it could still be the asbestos that is to blame. However, other factors (like smoking) can also contribute to lung disease, so it’s important to investigate thoroughly.
Do You Qualify For Compensation?
Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.
FREE SEARCH >Taking Legal Action
If you have been exposed to asbestos in the past through the negligence of a business or another entity, you may decide to file a lawsuit to seek damages for the harm you’ve experienced. Without a doubt, filing a lawsuit can be intimidating, but it might prove to be the best available path to get the money you deserve.
It’s worth noting that an asbestos lawsuit doesn’t necessarily mean that you’ll be going all the way through a trial process. There is a chance that a settlement will be offered along the way, allowing you to put the matter to bed and get some compensation out of the experience. We’ll talk more about how settlements work below.
| Even lifelong smokers can collect compensation for asbestos damage. | |
 | Many of our clients believed they weren’t eligible to file an asbestos lawsuit because they were cigarette and cigar smokers. This isn’t true under the laws of many states. Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos. |
| Even lifelong smokers can collect compensation for asbestos damage. |
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| Many of our clients believed they weren’t eligible to file an asbestos lawsuit because hey were cigarette and cigar smokers. This isn’t true under the laws of many states. Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos. |
Outline of an Asbestos Lawsuit
Going into a lawsuit where you’ll be filing a claim related to asbestos exposure, it’s helpful to know what the general process looks like and what notable steps take place along the way.
Asbestos Litigation and the Discovery Phase
Once you have filed your suit, one of the first things that will happen is that the case will go into discovery. This is a time when both sides are able to gather information about the other using tools such as depositions and document requests. A lot of secrets tend to come out during this phase, so it can be uncomfortable to experience if a party is trying to hide anything.
People who worked in these industries prior the mid-1980s have a higher risk of developing asbestos-related diseases:
| Construction | Factories | Foundries | Refineries | Shipyards | Mining / Milling |
| Demolition | Insulation | Steelworkers | Pipe Fitting | Shipbuilding | Mechanics |
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| Roofing | Textiles | Iron workers | Boilers | Firefighting | Brake Repair |
| Flooring | Cement | Electricians | Gasket Repair | Railroad | HVAC |
Unfortunately so do their families.
Asbestos Litigation and the Trial Phase
After discovery is completed, the sides will get ready for trial. At this point, the lawyers will be putting together their arguments, collecting any expert witnesses that might be needed, and thinking about how to question the other party’s arguments. Trials can be lengthy, and often stressful, as there is a lot on the line and you never know which way they are going to go.
Considering a Settlement for an Asbestos Claim
Because of the difficulty of trial, and the cost of retaining legal help all the way through the trial, sometimes settlements will be the preferred resolution for both parties. A settlement offer may be made by the defendant in a case that they expect to lose and don’t want to waste time or money fighting any longer. Alternatively, a settlement might be in their best interest if the price of that settlement agreement is going to be relatively small and it makes business sense just to wrap up the case and put it in the past.
You do not need to accept the first settlement offer; an asbestos attorney can help you negotiate.
You might wind up getting a fair settlement offer in your case, but you don’t necessarily want to jump to accept the first offer that is put on the table. Sometimes, low offers will be presented in hope that a plaintiff will make a rash decision and sign on the dotted line before really thinking it through. Try to take your emotions out of the process and work with your lawyer to make the right choice based on your situation.
Filing a Lawsuit or Taking Other Measures
One tricky decision in the process is choosing between filing a lawsuit and pursuing compensation through a trust. There are large asbestos trusts with huge balances waiting to be accessed by those who were harmed through negligence on the part of a company. If you file a successful claim with a trust, you could get compensation much faster and with far less hassle than if you attempt a lawsuit.
Asbestos Trusts generally offer faster and easier compensation than asbestos litigation.
So, why might you still decide to sue instead of using a trust? There is potentially a much higher payout on the table when you opt for a lawsuit, so that’s a big motivating factor. The time savings of a trust might not be as attractive to you in the end if you wind up getting significantly less money for your efforts. If you have a strong case and are confident in winning that case at trial, the risk may be worth the reward.
Proving Your Case in an Asbestos Claim
No matter what type of legal case you are dealing with, it’s always essential to prove your side beyond any reasonable doubt (especially in cases of second-hand exposure). That can be challenging in the case of asbestos exposure, which is why the Worldwide Asbestos Research Database is such a useful tool.
Introducing the largest asbestos info database: look up your work history for free and see if you qualify for compensation.
This online tool – known as W.A.R.D. — can make it easy to do research on asbestos exposure and determine if you may have been exposed at some time in the past.
Should you take legal action in an asbestos case? The short answer is: It depends. But one thing is certain – you should at least seek out further information to learn more about the possibilities and how they relate to the harm that has been done to you or a loved one. There is nothing lost by considering all possibilities. This, that’s the best place to start. From there, you can move forward with whatever path you feel is best.
Take some time right away to speak with an experienced asbestos attorney who can take a look at your case and help you weigh the pros and cons of filing a lawsuit. This will help you feel more confident in the choice you make in the end.
AsbestosClaims.Law
At AsbestosClaims.Law, our mission to secure compensation for asbestos victims is more than professional; it’s personal.
Our founder, Justinian C. Lane, understands the devastating impacts of asbestos firsthand.
Both his grandparents and father, all asbestos workers, passed away from asbestos-induced cancers without realizing their eligibility for asbestos lawsuits or other forms of compensation.
We aim to prevent such tragic oversights by informing and guiding victims and their families through their legal options.
If you or your loved ones have suffered as a result of asbestos exposure, you could be eligible for considerable compensation. These funds could provide for medical treatments, asbestos removal services, and safeguard your health.
In addition, asbestos trusts offer compensation without the need for a lawsuit, providing a quicker, simpler path to justice.
Reach out to us at [email protected] or (206) 455-9190 for assistance with your claim. We offer compassionate listening, clear explanations, and we don’t charge a dime unless we win your case.
Beyond legal claims, we also advise on veterans’ disability, social security, and employment protection like workers’ compensation, FELA, and The Jones Act for maritime workers.
There’s no risk or cost to connect with our experienced team about your rights. Our commitment to your well-being means no fees unless you receive compensation.
| For further queries or concerns about asbestos, explore our website and YouTube page, featuring infographics, videos, and answers to common questions on asbestos-related topics. |
We’ve also introduced W.A.R.D., the Worldwide Asbestos Research Database. It’s the most comprehensive resource for asbestos-related information.
W.A.R.D. assists in pinpointing potential exposure scenarios, asbestos-containing products, and can indicate the types and potential amounts of compensation you may be entitled to receive.
Don’t delay — get in touch with us today!
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5830559
1 National Cancer Institute (NIH), Asbestos Fact Sheet.
2 National Cancer Institute (NIH), Asbestos Fact Sheet.