Asbestosis Legal Action
Research from as early as the 1920's showed that asbestos was dangerous. Many asbestos companies ignored this evidence or took minimal efforts to protect people working with asbestos until the mid 1970's when the government started imposing regulations. Due to the negligence of some asbestos companies, there have been a number of successful asbestos lawsuits that have gotten compensation for the victims of asbestos exposure and their families. In addition to people who worked in the asbestos industry, some family members of asbestos workers also were exposed to sufficient asbestos fibers (in some cases resulting in medical damage.)
Many states have a statute of limitations on how long a person has to file a personal injury lawsuit after they discover the injury. A statute of limitations means that if the person doesn't file the lawsuit within a given period of time, the person is prohibited from filing a suit at a later date. In the case of something like asbestosis, the time the injury shows up may be many years after the exposure. For this type of injury the statute of limitations starts at diagnosis.
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Even so, it is important to speak to a lawyer as soon as possible after getting a diagnosis if you think you might file a lawsuit. Not only will the lawyer help you understand the statute of limitations, but the lawyer will also know what information he or she needs from the doctor in order to make the case as strong as possible. Cooperation between doctors and lawyers can be helpful, and makes the process less stressful for all parties concerned.
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Most mesothelioma lawsuits are brought about on a contingency fee basis. That means that that the client doesn't have to come up with money out of his own pocket to pay for an investigation or for the attorney's time in preparing the case. If the plaintiff (the victim of asbestosis) wins, his attorney will likely share a percentage of the damages awarded. If the plaintiff loses, (does not recover any damages) then he owes his or her attorney nothing.
The amount of money that can be recovered depends on how serious the inj
ury is and how strong the proof is that asbestos rather than some other factor caused the injury. The final amount will also be dependent on actual and projected losses, as well as other factors the court would consider to ensure that justice would be served. Many times the settlement is received within a relatively short time, but on occasion, especially if there is an appeal involved, it may take considerably longer, often a matter of years.
Mesothelioma
They best way to protect a person's legal rights to recovery is speaking to an experienced personal injury attorney who is knowledgeable about the specific difficulties faced by plaintiffs in asbestos related cases, such as those dealing with asbestosis or even the more deadly asbestos cancer mesothelioma.