When your injury or illness is due to work-related concerns, it is your legal right to ask for compensation. The illness or injury may be due to a direct cause (like a job which involves working with toxic materials) or an indirect effect (such as the presence of a substance in the workplace, office or classroom). The law makes provision for redressal.
Laws regarding asbestos exposure
It has been proved beyond doubt that work related asbestos exposure results in mesothelioma which is a type of cancer. As such, it comes in the category of ‘injury or illness due to work-related hazards'. Mesothelioma compensation from the legal route may be available for the following law types:
- Tort and Personal Injury
- Federal Employers Liability Act (FELA)
- Construction Accidents
- Product Liability
Compensation due to you may include the full amount of damages, including - but not limited to - compensation for medical bills, related expenses such as travel, loss of income, and legal expenses. In addition, you may be eligible for workers' compensation as well as Social Security disability benefits since you paid towards this during your working life. In fact, Social Security taxes amount to a sizable portion of deductions from your salary if you earned the median U.S. salary as a professional. If you have a Social Security number, payments are due to you when you are no longer able to work.
Asbestos exposure cases
Mesothelioma cases filed based on asbestos exposure are of two types:
- As a victim the case will be filed under a personal injury claim. You may ask for damages for medical costs, loss of income, and pain and suffering. In addition, a judge or jury may add punitive damages above that (although corporate lobbyists are placing more and more restrictions on punitive damages).
- As a family member of the deceased victim, the case will be filed as a wrongful death suit. The same damages may be sought although the laws and procedures differ from that of a personal injury claim. How to get compensation if exposed to asbestos? If you are seeking compensation for the adverse effects of exposure to asbestos, first thing to do is to collect medical evidence of your condition. The doctor will provide test reports that confirm the diagnosis. Next you will need a legal person to represent you in court or out of it, in case a settlement is offered. A great deal of information will need to be put together that includes data relating to your former employer and the workplace where you contracted the disease most likely. Also ascertain if your former employer was aware of the dangers involved and whether the exposure was inadvertent or known. Details of the manufacturer of the asbestos to which you were exposed would also be helpful. You and your attorney have the legal right to request, receive and examine any and all evidence relating to the above.
File for an asbestos claim
Before you file for an asbestos-related claim, it is necessary to find out the rules that apply to you in your particular state. Each US state has differing rules on the matter. For instance, the statute of limitations is different in different states. The statute of limitations refers to the time period within which you must file your claim in order to be eligible to the right to sue. If that period is over, your right to sue or file a claim is forfeited. The mandated period may be two years from the time of death or three years since diagnosis was made as in New York State while New Jersey and Pennsylvania require legal action within 2 years. The state of Louisiana gives plaintiffs only a one-year period in which to file a claim. The statutes of limitation (the time in which you have to file a claim) are established by the courts, and are strictly adhered to. In cases of wrongful death, there may be exceptions sometimes.
It is best to consult with legal professionals who are specialists in such cases since a number of legal aspects will need to be looked into for seeking redressal for your claims. File your complaint as soon as possible after your diagnosis has been confirmed.
Asbestos exposure settlements
A mesothelioma lawyer is best equipped to handle asbestos-related case processes, including the settlement process. With the right handling of the case, it may not be necessary to go to court and a settlement can be reached between the plaintiff and defendant. Once a claim is filed against the defendant, offers for settlements may be proffered to the complainant and negotiations may begin. If prior knowledge of the defendant having lost cases in the past is available, settling without going through the case process is a greater possibility. But settling early may not provide ample compensation to cover the costs incurred since the fair amount would only be arrived at after some effective negotiations on the part of the lawyer representing you. Whether deciding to accept or to hold on, depend on the guidance from the mesothelioma lawyer.
Asbestos exposure lawsuits
Currently, there are nearly 3,000 new cases of asbestos related diseases diagnosed every year in the US alone. According to the National Cancer Institute, this is due to the long gestation period that is typical of this disease owing to which mesothelioma diagnosis can occur 20 or sometimes even 50 years after the initial exposure to the dangerous asbestos fibers. For this reason, the ongoing epidemic of asbestos related disease diagnosis in the United States is expected to continue well into the 21st century.
Asbestos exposure attorney
It is important to have a thorough understanding of asbestos exposure and your legal rights under the law in your state. This will help you choose a mesothelioma lawyer who has knowledge and experience dealing with work-related injury issues and who will help you obtain the best available settlement amount.
