Ever since it is a major cause of cancers, asbestos has been heavily regulated across the world, with a complete ban now looming in the United States. Unfortunately, people who have been exposed long enough to the substance face significant medical and financial hardship that usually follows a positive diagnosis.
Companies are now spending a great deal of time, money, and effort to remove any traces of asbestos from their products and even their office spaces, but some fall short of protecting the most vulnerable people from its effects. It’s worth noting that victims of asbestos exposure have the legal right to demand compensation for the money they spent and the suffering they experienced.
This type of case lies within the domain of personal injury, thereby indicating that someone could be held liable for damages caused by lung cancer, mesothelioma, and other asbestos-related conditions. It only takes a thorough understanding of what legal actions to take that will guarantee fair compensation. If you’re contemplating launching an asbestos lawsuit, make sure to follow the guide below:
1. Understand How Liability is Determined
Since it’s a part of the larger domain of personal injury law, asbestos claims require that a person or organization be held liable. For the most part, a company that fails to act on the risk of asbestos exposure within the premises could be at fault for possibly neglecting local and national safety laws and building codes, specifically provisions that touch on the presence of toxic substances.
Companies that fail to issue warnings about the asbestos content of their products could also face liability from people who developed serious illnesses but had not been warned of the risks. Even worse is when the manufacturer of such products knowingly conceals information on asbestos content. No matter the case, liability often falls on manufacturers, employers, and property owners who assume a duty of care.
2. Get Advice from a Seasoned Lawyer
Determining asbestos liability is difficult enough, but the process shouldn’t discourage you from recovering the amount required for your medical expenses, emotional damages, and future financial losses. It takes more than just a personal injury attorney to help your case succeed, considering that asbestos claims are influenced by factors far different from those of slip-and-fall accidents or road collisions.
Consider reaching out to a legal professional who specializes in areas like mesothelioma litigation. With their expertise, they can calculate the compensation you’re entitled to and craft a legal strategy tailored to the specific circumstances of your case. Find a lawyer who has had a proven track record representing victims in class-action lawsuits and high-profile legal battles involving major manufacturers and contractors.
3. Consider the Statute of Limitations
In every personal injury case, there’s a window within which victims are allowed to file their claims and get compensated. This deadline starts from when the injury was inflicted. That’s not the case with asbestos exposure, since some conditions have a lengthy latency period. You are only allowed to file a claim once you’re diagnosed, which could take decades in some cases.
Once you’ve filed your claim, you are allowed up to three years to bring the charges, so it matters to start legal proceedings as soon as you can. This will give you and your lawyer to review the facts proving liability and establishing the direct cause of your medical condition.
4. Gather the Right Amount of Quality Evidence
For your asbestos claim to succeed, you will need to show the court that your illness is directly related to the liable person or organization. Your medical records confirming your diagnosis aren’t enough, so work with your lawyer to pull up documents and other types of evidence.
You will need to show information about your work history, especially if you’ve worked a long time at a facility that exposed you to the substance. Your lawyer should work towards obtaining inventory reports and other paperwork showing that asbestos-based products were used at your workplace. The process can take a long time, but the effort you put into gathering quality evidence will result in the best possible outcomes.
Endnote
Asbestos exposure can do more than inflict pain and suffering; there’s also a financial toll to consider. Take these tips into account to give yourself peace of mind, knowing that you will be properly compensated.