Tags: Personal Injury, Worker's Compensation, Health Care
For years, asbestos exposure has resulted in the loss of countless lives, with many more suffering from its devastating physical and financial effects, and being unaware that they’ve contracted fatal illnesses like lung cancer and mesothelioma. Fortunately, those affected have the right to file a claim against any entity for failing to comply with regulations governing asbestos exposure, removal, and management.
However, victims often face major legal hurdles as they file an asbestos claim. For one, most lung diseases have a long latency period spanning decades before initial symptoms manifest. This complicates the process of establishing causality and fault. Companies will use any legal resource they can get to dispute a claim, complicating matters further. Being informed is your only guarantee for victory. Whether you’re filing one for yourself or on behalf of a loved one who has died due to asbestos exposure, here are the elements that allow for a successful asbestos claim:
A confirmed diagnosis of any illness related to asbestos exposure is the foundation of your claim. Only a licensed physician could provide an official finding based on tests and a biopsy report. Having all of these details in place allows you to build a strong claim and establish who is truly at fault. It’s also a good idea to gather previous medical reports, especially showing that you were healthier before you worked under hazardous conditions. Consider adding the results from previous medical check-ups conducted before the diagnosis.
You should consider how much you have paid out of pocket for your treatment and other expenses. List down all the medications you’ve been prescribed, as well as therapy sessions and other supportive interventions you will have to go through. You should also factor in future costs for treatment, which should include transportation as well as specialized fees.
If you’re intent on filing an asbestos claim, it’s always a good idea to do so as soon as possible, right after your confirmed diagnosis. Under your state’s statute of limitations, you’re only allowed up to three years to file your claim. However, some states will only give you a deadline of one year to take legal action and recover fair compensation. No matter the case, the statute of limitations takes effect the moment your diagnosis is confirmed.
Delaying too long can only complicate the process of gathering evidence, especially if you’re looking to reach out to co-workers and other witnesses for their testimonies. Allowing the statute of limitations to lapse will disqualify you from pursuing any at-fault party for damages, so you must contact a seasoned asbestos lawyer immediately to start deliberating on your next steps.
Being a part of the larger area of personal injury law, filing an asbestos claim by yourself is possible. The only trade-off is the fact that the process is nothing short of complex and time-consuming. Added to that is the other side’s intent to throw out your case or convince you to take a settlement package that undermines the actual pain and suffering you’re going through.
Getting an experienced lawyer specializing in asbestos litigation will guarantee a swift victory plus the payout you deserve. Never settle for a firm or an independent practitioner with minimal experience in the field. You will need a legal professional with an impressive track record in dealing with corporations and insurance companies, especially if you’re filing a claim against a large manufacturer. If the case requires specialized expertise, you’re better off finding a qualified attorney through sites like MesotheliomaHope.com, where you can find more legal and medical resources on mesothelioma.
With the help of your lawyer, you can get started structuring your claim. As you do so, you will need to be sure who you’re fighting. Causality and fault are two different concepts, but both are essential in building a strong asbestos case. For one, you need to identify who should be held liable for your condition.
If the work environment was contaminated by asbestos fibers and your former employer at that time failed to provide clear warnings or deal with the issue, then you can hold them liable for damages even if they’re not in business anymore. In that case, you can file a trust fund claim to recover compensation.
Connecting your disease to the actions of the party at fault would mean establishing causality. Here, you will need to provide a record of the years you’ve worked at the establishment. If the place has been confirmed to have used materials consisting of asbestos, then you can file the right type of claim.
In case you’re still working there, you should file a workers’ comp claim or a third-party claim against the contractor or manufacturer that used asbestos. In extreme cases, such as abuse or deliberate exposure, you can file a personal injury claim naming your employer as the respondent.
Having strong evidence coupled with the experience and skills of your asbestos lawyer, you may be able to file a claim that helps you recover what you’ve lost. However, keep in mind that the bills you paid from your pocket are just a small part of the total compensation package you’re entitled to. The other side may offer an amount you think is sufficient to try and settle, but it’s never a good idea to accept it at face value, knowing that you deserve so much more. After all, you can’t deny how the condition is affecting your quality of life.
Taking non-economic damages into account allows you to show the severity of your condition and how it has affected your relationships as well as your future. What’s more, this will help you justify a higher compensation amount to make up for the actual pain and suffering you’ve undergone. Especially if you’re the sole earner in your family, you will have to include the days you took time off to attend checkups or prepare for surgeries.
Emotional suffering should also be included in the computation, so make the case for the distress and worry the diagnosis has caused on your mental health and that of your loved ones. If you lost a family member to mesothelioma, your wrongful death claim should include loss of support and companionship.
Asbestos can do more than cause cancer. It can upend your life. Give yourself a greater chance at recovering the best possible compensation by following the guide above.