Visit us anytime at https://www.asbestosclaims.law/. Asbestos Claims: What to Know and How to Seek Help
With proper advice from an asbestos lawyer, you can decide if filing a claim is right for your situation.
While never guaranteed, a successful outcome is what you should expect if you meet claims eligibility requirements or take a responsible party to court.
Exposure to Asbestos and Its Harmful Effects
Asbestos has no smell or taste, but its fibers, once breathed in, can become permanently embedded in a person’s lungs and not show symptoms of illness (such as a persistent cough) or disease (cancer) until years later.
Mesothelioma, asbestosis, and lung cancer are among common diseases that can result from asbestos exposure, as many as 40 or 50 years later.
Experts are finding out that even a small exposure to asbestos can cause health problems.
Because of how damaging this once revered fibrous material can be, even lifelong smokers who were exposed can be eligible for compensation. It is now largely understood and accepted that asbestos exposure, regardless of lifestyle choices, could be the culprit of diseases that develop years later.
Anyone who feels they could have been exposed and are experiencing health problems may be awarded money without even filing a lawsuit, which can be lengthy and potentially more costly.
Filing a Claim, a Personal Injury Lawsuit or a Wrongful Death Lawsuit
There are three avenues in which compensation might be awarded: filing a claim; filing a personal injury lawsuit or pursuing a wrongful death lawsuit.
Claims
The benefit of filing a claim is there is little to no cost involved, and it can often be quicker than filing a lawsuit.
The claimant can forgo court fees and the time it takes for deposition.
Claims can be filed with asbestos bankruptcy trust funds, workers compensation, social security, and the U.S. Department of Veterans Affairs (for servicemembers impacted), among others.
Maritime claims may be appropriate for those exposed in shipyards, and the Federal Employers Liability Act (FELA) permits railroad workers to receive compensation for health problems relating to asbestos exposure at work.
Personal Injury Lawsuits
Victims have also received compensation through personal injury lawsuits filed against insurance companies, negligent employers, and asbestos product manufacturers.
While lawsuits can be more costly, personal injury lawsuits for asbestos-related illnesses are often settled out of court because companies know that the evidence against them is strong.
Wrongful Death Lawsuits
Thousands have died from asbestos-related causes and thousands more are diagnosed with life-changing diseases such as mesothelioma each year.
A wrongful death lawsuit may be appropriate for anyone who has lost a loved one to asbestos exposure.
The suits compensate for financial and other hardships related to the loss, as well for any future financial insecurities.
These legal options are also for victims exposed to products containing asbestos outside of the workplace or to anyone who had second-hand exposure, such as a family member who breathed in particles brought home by a loved one who was exposed.
In fact, studies have shown that one in five asbestos-related diagnoses of disease is related to household exposure.
State and federal laws have made victims’ compensation possible but there may be a statute of limitations, which vary by state and claim types.
Asbestos Companies Were Negligent
Since the 1930s, the asbestos industry knew that breathing in the hazardous substance could cause serious health problems.
To compensate victims, under Chapter 11 proceedings, courts required asbestos companies to set up bankruptcy trusts with their insurance money which today contain more than $30 billion in unused funds.
Through these trust funds, claimants have received compensation from asbestos mining companies, asbestos manufacturers and distributors, and employers that exposed their workers to the toxic substance.
In addition to receiving compensation for financial hardship, punitive damages for pain and suffering may also be awarded.
This is because the asbestos industry’s actions in many cases were considered to be beyond negligent, even fraudulent.
For example, some companies told their employees that asbestos was safe to work around when they knew better.
Punitive damages are intended to “punish” the injuring party and serve as a deterrent for future negligence or carelessness.
Workers in several industries may have been exposed including miners, firefighters, construction and railroad workers, those in the military, and many others.
If you are unsure about your eligibility for asbestos-related compensation, contact an asbestos lawyer for help.
These attorneys have helped many victims who have fallen ill, even years after exposure. Visit us at http://www.AsbestosClaims.law or call us at (833) 4-ASBESTOS (427-2378) for a free consultation.
