Legal Steps for Individuals Ill from Asbestos Exposure

Introduction:

Asbestos has been widely used for decades across various industries due to its fire-resistant and insulating properties. Unfortunately, exposure to asbestos fibers can have severe health implications, including mesothelioma, lung cancer, and asbestosis. To address the physical, emotional, and financial burdens placed on those diagnosed with asbestos-related illnesses, legal avenues are available for pursuing compensation and justice. This essay explores the necessary legal steps for individuals affected by asbestos exposure.

1. Medical Evaluation and Diagnosis:
The initial step for individuals suffering from asbestos-related diseases is to undergo a thorough medical evaluation to confirm their condition. This typically involves consulting with medical professionals, conducting diagnostic tests, reviewing medical history, and analyzing potential exposure sources. Accurate documentation of illnesses and their connection to asbestos exposure is pivotal for pursuing legal action.

2. Understanding Legal Rights:
Once the diagnosis is confirmed, it is crucial to comprehend the legal rights and options available. Consulting with an experienced asbestos attorney is advisable, as they specialize in navigating the complexities of asbestos-related litigation. These legal professionals can provide valuable guidance regarding the applicable laws, statutes of limitations, and the possible outcomes of legal actions.

3. Identifying Responsible Parties:
Determining the parties responsible for asbestos exposure is a vital step in pursuing legal action. Asbestos exposure can occur in various places, including workplaces, residential buildings, public spaces, or through secondary exposure. Responsible parties may include employers, manufacturers, suppliers, contractors, or property owners. By identifying these entities, it becomes feasible to seek compensation for damages caused by their negligence.

4. Statute of Limitations:
It is essential to understand the timeframe within which legal action can be pursued. Statutes of limitations vary from jurisdiction to jurisdiction, with typically varying time limitations for personal injury and wrongful death cases. Failing to meet these deadlines may result in the forfeiture of legal rights, making prompt action imperative.

5. Filing a Lawsuit or Claim:
To seek compensation for asbestos-related illnesses, individuals have the option to file a personal injury lawsuit or a claim with an asbestos trust fund. A personal injury lawsuit is initiated by filing a formal complaint against the responsible parties and presenting the case before a court. On the other hand, asbestos trust funds were established by bankrupt companies to compensate victims. Trust fund claims follow specific procedures outlined by each individual trust.

6. Legal Proceedings and Settlements:
After filing a lawsuit or claim, the legal process begins, involving various stages such as discovery, negotiations, and, if necessary, court proceedings. During the discovery phase, evidence is gathered, including medical records, witness testimonies, and relevant documents. Settlement negotiations may occur throughout the process, where parties attempt to reach an agreement without going to trial. If a fair settlement cannot be reached, the case may proceed to trial, where a jury or judge will determine the outcome.

7. Compensation and Financial Relief:
The ultimate goal of pursuing legal action for asbestos-related illnesses is to secure compensation for the physical, emotional, and financial damages incurred. Compensation may include medical expenses, lost wages, pain and suffering, and future care needs. The amount of compensation awarded usually depends on various factors, such as the severity of the illness, the impact on the person’s life, and the level of negligence displayed by the responsible parties.

Conclusion:
Legal steps for individuals suffering from asbestos-related illnesses aim to provide justice, accountability, and financial relief to those affected. By undergoing medical evaluation, understanding legal rights, identifying responsible parties, adhering to statutes of limitations, and pursuing lawsuits or claims, victims can potentially secure the compensation they deserve. While the legal process may be complex, seeking guidance from experienced asbestos attorneys can significantly increase the chances of success in pursuing these legal remedies.

Contact the Asbestos Lawyers at Nass Cancelliere Today

If you or a loved one has been diagnosed with mesothelioma as a result of exposure to asbestos, contact the experienced attorneys at Nass Cancelliere. For more than 40 years, the Philadelphia-based law firm of NASS CANCELLIERE has represented 4,500 people who have contracted MESOTHELIOMA and other forms of asbestos-related illness. Our attorneys have tried over 1,000 cases throughout Pennsylvania and New Jersey and we have collected over $500 million for our clients. Learn more by calling 215-546-8200 to speak with an attorney or contacting us online.

For examples of jury verdicts and asbestos settlements obtained for our clients, visit Representative Cases.