Asbestos exposure has remained a serious health concern with severe consequences for people who are affected. This material, once used in manufacturing and construction, is now known to cause lung cancer, asbestosis, and mesothelioma.
While its use has mostly been discontinued, people who initially suffered exposure may still experience asbestos-related illnesses. Victims need to understand their rights in this situation, as they are entitled to compensation through lawsuits. Let’s discuss the key legal considerations for those seeking justice.
What Is Asbestos and Where Can Exposure Occur?
Asbestos is a mineral found in rocks and soil. When it is in the air, it creates small, long-lasting fibers, and exposure occurs when someone inhales them. People who worked in the manufacturing, milling, mining, construction, and electrical industries before 1970 were most at risk of exposure. The material was used to:
- Strengthen plastics and cement
- Absorb sound
- Fireproof textiles, buildings, and military vehicles
- Offer insulation
While most people are exposed to asbestos during their lives, not everyone gets an asbestos-related illness. Only those who suffer high levels of exposure for extended periods suffer illnesses as a result.
Can You File Claims for Being Exposed to Asbestos?
You can file claims for asbestos exposure and seek justice and compensation if you or your loved one has been diagnosed with a related illness. Exposure alone does not make you eligible to file a lawsuit; you must have suffered damages or injury due to the exposure.
Before filing a claim, you must understand what constitutes exposure. Asbestos exposure occurs when you inhale or ingest tiny asbestos fibers. These fibers can create inflammation and scarring, which cause lung cancer, mesothelioma, and asbestosis.
If you’ve been diagnosed with this condition, you can file claims within the statute of limitations, usually one to four years after your diagnosis. There must be an extensive investigation into your work and exposure history to establish liability.
You can sue for asbestos exposure even if your employer or the product’s manufacturer is no longer in business. A lung cancer law firm can help you understand your rights and get fair compensation.
Who Can You Sue for Asbestos Exposure?
You can file claims against any company or organization that is responsible for your asbestos-related injury. These may be manufacturers of asbestos-containing products, such as roofing, caulking, packing, insulation, pumps, valves, or siding materials. You can also sue:
- Asbestos contractors
- Suppliers of asbestos products
- Employers
- Site owners
A company or organization is liable if it is involved in your exposure. However, most companies that made asbestos products went into bankruptcy and created trust funds for claimants, making it possible to sue them.
What Compensation Do Victims of Asbestos Exposure Receive?
The compensation given to victims of asbestos exposure depends on the facts of their case and the claims they’ve filed. But if the company has already created a trust fund for victims, there is usually a set amount for all eligible claimants.
Even if the company is not protected by bankruptcy, victims can still maximize their compensation. Claimants may be eligible for damages that cover lost wages, pain and suffering, and loss of consortium.
Endnote
Asbestos exposure was quite common in the manufacturing and construction industries. Since it causes illnesses like lung cancer, mesothelioma, and asbestosis, victims can file claims against the liable parties. Compensation usually covers lost wages, lost time with a loved one, and pain and suffering.