Legal Help For Victims of Asbestos Exposure

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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 may have been preventable - that corporations may have had full knowledge of the dangers of asbestos exposure for decades, may have had access to alternatives, and yet may have done nothing to protect users of their products - such feelings of fear and loneliness may give way to righteous rage.

The law may provide remedies to this, however. If you are a victim of asbestos exposure, you may have the right to hold these corporations accountable and may recover your 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

Mesothelioma 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 varies depending on the state. Therefore, you should start seeking the services of mesothelioma lawyer or law firm that experience 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. Therefore, you should find qualified legal professionals who are able to represent your interests.

There may be a great deal at stake for you and your family; the choice of counsel should never be made lightly. You may want to plan on interviewing them as an employer would interview any prospective employee. Finding out how much experience they have in mesothelioma and not just asbestos litigation and what their success rate has been, for example, may be of interest to you . Above all, trust your own feelings in the matter. Your mesothelioma 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 may also have the right to file a disability claim with Social Security. This is money to which you may be entitled; at the time of this writing, workers must pay a percentage of their income into this fund, plus an additional percentage into Medicare. It is a form of social insurance for which you may have paid and may have therefore earned. If your claim is denied, an attorney may be able to 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 be able to file a worker's compensation claim against your former employer. Again, this is something with which an attorney may be of assistance.

Be Prepared

While your attorney may do everything s/he can in order to ensure that you 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.

Mesothelioma Diagnosis Make sure your malignant mesothelioma diagnosis has been performed by an experienced physician, using legitimate scientific medical procedures. It would be helpful, but not necessary that at least two other physicians (one of which should be your primary care physician and the other a pathologist) concur. Such a diagnosis may add substantial credibility and strengthen your case.

'Legal Help For Victims of Asbestos Exposure' Resources:

Notes

  1. Bowker, Michael. Fatal Deception, pp.87-98
  2. Spier, Kathryn. "Settlement With Multiple Plaintiffs: The Role of Insolvency."
  3. "What's FICA Again?" CNNMoney.com, 2007.
  4. "Your Peace of Mind." Mesotheliomaweb.org, 2007.
  5. "Asbestos Kills, And More Than Just People: Jobs, Ethics and Elementary Justice." National Review, 31 January 2005.

Sources

  1. Bowker, Michael. Fatal Deception (New York: Touchstone, 2003)
  2. Brickman, Lester, and Harvey D. Shapiro, "Asbestos Kills: And More Than Just People Jobs, Ethics, and Elementary Justice," National Review, vol. 57, no. 1 31 Jan. 2005 (39).
  3. Spier, Kathryn. "Settlement With Multiple Plaintiffs: The Role of Insolvency." The Journal of Law, Economics & Organization, vol. 18 no. 2, 2002.
  4. CNNMoney.org "What's FICA Again?", http://money.cnn.com/magazines/moneymag/money101/lesson18/index5.htm (Website).
    Accessed: 23 July 2007

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