Asbestos is a hazardous mineral that was widely used in building, construction, and industrial processes in the past century. Many homes and buildings constructed before the 1980s still contain asbestos. As a result, homeowners and employees who come into contact with asbestos may suffer from asbestos-related diseases such as mesothelioma, lung cancer, and asbestosis. This article will explore the law behind asbestos claims and provide homeowners with a thorough understanding of their legal options should they be exposed to asbestos.
Understanding Asbestos Claims
If you or someone you know is diagnosed with an asbestos-related illness, asbestos claims can provide benefits. It’s essential to note that most asbestos claimants file for compensation under the standard tort law, which covers negligence, product liability, premises liability, and wrongful death. As industrial companies were aware of the hazards of asbestos, they are directly responsible for exposing their workers and clients to this mineral. If you have worked in an industry that utilized asbestos or lived near a facility that did, and contracted an asbestos-related illness, the law allows you to sue the responsible company or person. Asbestos compensation claims can cover medical expenses, lost wages, and sometimes punitive damages.
Asbestos Bankruptcy Trusts
Many companies that used asbestos as a material have already filed for bankruptcy after numerous lawsuits, inability to finance compensation payouts, and ongoing litigation. Such companies are expected to set up asbestos bankruptcy trusts—a mechanism that protects the assets of a company from liability claims after it has filed Chapter 11 bankruptcy. The trusts are funded solely to compensate asbestos claimants. The money set aside is divided among the claimants based on the extent of their exposure to asbestos, medical history, and other deciding factors.
Asbestos Statute of Limitations
As with any legal claim, asbestos claims are subject to a statute of limitations or timeframe within which a claimant must file their compensation claim. Each state enforces different laws surrounding the statute of limitations for asbestos claims, which vary based on the nature of your illness and the state in which you live. It’s crucial to know your state’s laws and take prompt legal action if you or a family member is diagnosed with mesothelioma or other illnesses from asbestos exposure.
Asbestos Workers Compensation
Some states require employers to have workers’ compensation coverage to protect employees who are injured or fall ill at work. Asbestos workers’ compensation is a special type of insurance coverage that applies to employees suffering from asbestos-related diseases. The compensation is limited and may not cover everything you would get with a lawsuit. If you’ve been exposed to asbestos in the workplace and have an asbestos-related illness, you may be able to apply for asbestos workers’ compensation benefits.
The Importance of a Qualified Lawyer
Asbestos law and claims are complex, and as such, it’s crucial to seek the assistance of an experienced and qualified lawyer to help navigate through the legal system. A knowledgeable asbestos lawyer can help you gather evidence, file claims, and represent you in court if necessary. Professionals, like Law Offices of Justinian Lane, can also advise you on the most suitable legal approach for your particular case, depending on the unique circumstances, facts, and evidence available.
Asbestos exposure remains a critical health hazard that affects thousands of people every year. If you’ve been diagnosed with an asbestos-related illness, you may be entitled to compensation. However, the law behind asbestos claims is technical and requires an in-depth understanding of the legal system, the products that contained asbestos, and the proceedings of litigation. A qualified asbestos lawyer can be a significant asset in helping you pursue the maximum compensation and justice you deserve for your injuries and losses.
Author information: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on Twitter: @RachelleWilber
