Legal Help For Victims of Asbestos Exposure

A diagnosis of mesothelioma can initially be devastating; one is often left feeling alone and afraid. This is natural and completely understandable. However, as one learns that the disease was preventable – that corporations have had full knowledge of the dangers of asbestos exposure for decades, had access to alternatives and yet did nothing to protect their workers (1) – such feelings of fear and loneliness can give way to righteous rage. So they should; the conduct of corporate America has always been dubious, but in the wake of deregulation over the past thirty years, it has been nothing short of reprehensible. Over the past several years, it has become undeniable that corporations, who now exert undue and unjustifiable influence over our very democracy, consider working people as nothing more than tools to be used and discarded – even as they claim the same rights as the human beings they find so disposable (see Santa Clara Co. v. Southern Pacific Railroad).

Despite the blatant and inexcusable pro-corporate bias of the current federal government and the courts, the law still provides remedies. If you are a victim of asbestos exposure, you have the right to hold these corporations accountable and recover you medical expenses, your loss of income due to the inability to work, and compensation for your pain and suffering. In many cases, you may also be able to get punitive damages as well.

Getting Started

Although you may be reeling from the shock of a mesothelioma diagnosis, it is vitally important to start thinking about filing your claim as soon as possible. This is because all states have a statute of limitations – a period of time within which you must file for legal action, or forfeit your right to do so. The statute of limitations begins when you are diagnosed, and lasts from one to three years, depending on the state.  Therefore, you should start seeking the services of an attorney or law firm that specializes in asbestos litigation at the earliest opportunity.

Asbestos liability is considered a mature tort in legal terms, which means that such personal injury litigation has been carried on long enough to establish case law and precedent (2). Therefore, you should have little trouble qualified legal professionals able to represent your interests.

This is not to say that you should simply enter terms such as “Asbestos Lawyer [My State]” into your favorite search engine and call the first firm that appears on your computer screen. There is a great deal at stake for you and your family; the choice of counsel should never be made lightly.

The best way to find legal representation is to call your state bar association. This is a professional organization that can provide you with several recommendations. Plan on meeting with lawyers from several different firms and interview them as an employer would interview any prospective employee. Find out how much experience they have in asbestos litigation and what their success rate has been. Above all, trust your own feelings in the matter. Your lawyer is someone with whom you’ll be working closely for many months; s/he should be someone in whom you can trust and confide without reservations.

Additional Resources

In addition to filing a complaint against the responsible party, you also have the right to file a disability claim with Social Security. This is money to which you are entitled; workers earning less than $97,500 per year must pay 12.4% of their income into this fund, plus an additional 2.9% into Medicare (3). Contrary to what you may have heard in the media or from conservative politicians, this is not an “entitlement” or a welfare program. It is form of social insurance for which you have paid and have therefore earned. If your claim is denied, your attorney can assist you in appealing the decision.

Most states also have a Worker’s Compensation program. If you are a victim of asbestos exposure as the result of your job, you may file a worker’s compensation claim against your former employer. Again, this is something with which your attorney can be of assistance.

If you were covered by some type pf health coverage, you can almost certainly expect the insurer to find any excuse to reduce compensatory payments for your medical care, or drop your coverage altogether. That is because the U.S. health care system – except for Medicare and the VA program – is designed to make profits, not to make people well. If you are fortunate, your insurer will honor its commitments. If not, you should know that many states have laws in place that permit you to bring suit against a bad faith insurer. In the meantime, many hospitals have Discharge Planners, staff members whose function is to help patients deal with coverage and payment issues (4).

Be Prepared

While your attorney will do everything s/he can in order to ensure that your receive justice, you will need to be involved in the process. Gather as much documentation as you can pertinent to your exposure to asbestos and subsequent illness.

Make sure your diagnosis has been performed by an experienced oncologist, using legitimate scientific medical procedures, and that at least two other physicians (one of which should be your primary care physician and the other a pathologist) concur. Such a diagnosis will add substantial credibility and strengthen your case.

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