Although asbestos is proven to be toxic and hazardous to health, it is still used in various products in the US, with only a few products blacklisted. Asbestos exposure can cause various and severe health issues that can take years to manifest and disrupt the normal flow of your life. This can not only lead to a decline in the quality of your life but result in the piling of bills and debts. Therefore, it is only fair that you identify the parties responsible for your exposure to asbestos and demand accountability by making them compensate for the losses and medical bills you incurred. Hiring an attorney specializing in asbestos laws and regulations is crucial to getting the rightful compensation you deserve.
Asbestos is a proven carcinogen mineral that is used in the manufacturing of a variety of products. The brittle material easily crumbles under the least of disturbances and possesses the ability to enter the body. These small particles lodge in internal organs for years and then manifest themselves in the form of tumors which in the majority of cases develops into a fatal cancerous condition known as mesothelioma. As a result, many people working in the manufacturing industry are at a greater risk of asbestos exposure. In addition to this, the second or third wave exposure to the mineral also puts the family of the workers at arm's length.
Mesothelioma, a rare form of cancer, is the development of tumors in the inner lining or mesothelium of the lungs, abdomen, heart, and in a few testicles. An important thing to note is that mesothelioma is not generic or biological but caused due to asbestos exposure. In most cases, the cancer is misdiagnosed as lung cancer or other illnesses such as pneumonia. Besides this, the symptoms for mesothelioma manifest after 20 to 50 years only after the condition has become severe. Consequently, the disease is rarely localized during diagnosis. In addition to this, it is hard to detect where the healthy line of tissue ends and cancerous cells begin making it difficult to treat the condition with generic cancer treatment. The delayed manifestation of the symptoms also makes it difficult to hold the responsible party accountable for asbestos exposure in the court of law.
Being exposed to asbestos is not against the law in the US. However, a legal measure to hold the guilty parties responsible in the court is a civil tort. Asbestos litigation has emerged to become one of the largest civil torts in American history. Other than civil torts, various governmental organizations are responsible for regulating the use of asbestos in different products. The Environmental Protection Agency (EPA), the Mine Safety and Health Administration (MSHA), the Occupational Safety and Health Administration (OSHA), and the Consumer Product Safety Commission are the organizations responsible for regulating the use of asbestos in products. Specific rules and regulations laid down by these authorities are essential to safeguarding the health and well-being of American citizens. However, these regulations have failed to ban the use of asbestos.
You can follow one of the given methods to stake a compensation claim:
You can file a formal complaint and take the defendant to court. The jury and judge will then decide whether the defendant would then evaluate the defendant for fault and the compensation to be awarded. Lawsuits have been known to bring in the maximum compensation amounts. However, court trials can go on for a long time and may even go against you.
Roughly 95% of mesothelioma cases are settled out of court. This legal procedure ensures the legal battle comes to an end quickly, and you receive compensation that is enough to cover the damages. However, negotiated settlements bring in less compensation as compared to fighting a legal battle in the court of law. The option does not include the payment of punitive damages, and the defendant never admits their fault.
Due to the latency period of 20 to 50 years, there are chances that you may stake a claim for compensation when the asbestos company has already gone bankrupt. Mesothelioma trust funds, also known as asbestos trust funds, are set up to ensure future claimants receive compensation when asbestos companies file for bankruptcy. You can file a claim with one or more asbestos trust funds to demand compensation for the damages caused by mesothelioma and asbestos exposure.
Military veterans suffering from mesothelioma due to asbestos exposure can apply for compensation to the Department of Veterans Affairs. In addition, civilians affected by the condition due to asbestos exposure at the workplace may be eligible for receiving compensation from state funds or insurance agencies.
Proving fault using asbestos civil litigation is a complicated and arduous task that involves you combing through complicated legal structures and laws. The compensation claim filing process is so vast and complex that the US judicial system identifies asbestos litigation as a special case. Therefore, experienced legal professionals are a must for identifying the legal precedents required to file and support the compensation claim.
With their knowledge, research, and years of experience, asbestos litigation experts collect evidence and collate the legal elements required to build the claim. These expert attorneys have databases of asbestos manufacturing companies, employers, and producers who have been proven to be negligent in the past. In addition to this, these attorneys have intricate details about asbestos in different products and exposure to the mineral in workplaces to help strengthen and build your claim.
Mesothelioma attorneys understand the importance of time and have the expertise required to evaluate the case based on its uniqueness and individuality of factors. As a result, they can help you demand the right compensation and guide you towards the course of action best suited for your case and get you the compensation you deserve.
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