Important Facts About the Process of Asbestos Litigation

Asbestos litigation has become the biggest law mass action today, with people getting diagnosed with asbestos-related illnesses almost daily. Asbestos is a mineral that was widely used globally since late 19th century mostly in building and construction as well as in shipyards. However, it was later discovered to be a very lethal time bomb as it is made of fibers which are harmful to human beings. Companies were made aware of the effects of asbestos but continued to use it due to its availability, multi-usefulness and its cheap cost at the expense of innocent workers.

It is a substance that is notorious for causing lung cancer and mesothelioma to anyone exposed fully or partly to it. For instance, many victims of asbestos-related illnesses were factory workers, people residing near these factories, people handling workers clothing like in washing overalls, tenants of houses without proper safety installations and many more. Victims who lie under any of the above categories are eligible for asbestos litigation as there is already a law in place to protect citizens from the effects of this dreadful substance. 

Approximately 12 million workers had been exposed directly to asbestos by 1980, with over 30 million tones of the same material being used in USA alone for building. These statistics do not include persons living near asbestos factories or persons living in the said buildings, meaning that the number of exposed victims was awkwardly inaccessible.

Experts say that asbestos is not dangerous until it has been broken or damaged, as that is when microscopic dust is released to the environment risking the lives of the immediate residents. Fibers of asbestos are extremely minute, colorless and have no odor so coming into contact with them is easy and unnoticeable.

Asbestos litigation was premiered only recently, with regard to how long companies were aware of the looming dangers. It has been said to be an act of utter ignorance where the health of workers did not count until after subject companies realized substantial profits.

Asbestos is responsible for dangerous diseases like lung cancer, mesothelioma, and asbestosis. Once fibers are inhaled, they reside in the lung tissues and cause growths and scars, denying the victim the ability to breathe naturally. After being diagnosed with any illness linked with asbestos, claimants are well placed for an asbestos litigation and they can start off the process by contacting an attorney.

History of asbestos litigation

There is some bit of argument as to when the first lawsuit against asbestos was reported, but reliable sources claim that the very first one was filed in 1929. Since then, a wave of lawsuits against manufacturers has graced courts forcing alternative substances to be introduced. Asbestos litigation led to builders opting for safer materials and also opened a thriving business for asbestos cleaning companies. So far 0.8 million claims have been filed against asbestos manufacturers with over eight thousand defendants being involved, making it the most costly legal action to ever be recorded.

More and more people continue to be diagnosed with asbestos-related diseases, a trend expected to continue for next couple of years. Effects of asbestos cancer can be felt in the body system even after 20 years of exposure, suggesting that there are still a big number of culprits still in the dark about their conditions.

Filing an asbestos litigation is a little too expensive, perhaps owing to the stakes involved but by the help of a reputable attorney specializing with such lawsuits, it is a worthy venture.

Who is eligible for filing a lawsuit?

Anyone who has been exposed to asbestos by working in a factory and has been diagnosed with an affiliated illness has a strong case for claiming asbestos compensation. If by any chance a person has died but their family has evidence of asbestos links, they are capable of going ahead with a lawsuit. Instances where a third party is directly responsible for the suffering of a victim due to ignorance normally attract hefty compensations as long as there is tangible evidence provided by the claimant. Should victims face death before filing a lawsuit, asbestos litigation dictates that their next of kin can pursue a case of immature death, where they qualify to be paid expenses incurred during the suit, as well as salaries which were unpaid due to illness or death.

Before commencing the process of asbestos litigation, there are a number of things that claimants need to be aware of. There are several courts well positioned to settle such cases and information can be obtained from suited lawyers, whether to pursue through state, federal courts, or trust funds. Having detailed information beforehand can save someone too much time and stress so it is always advisable to acquire a seasoned attorney to see you through the entire process.

Another thing that remains sensitive to a lawsuit is identifying the party responsible for asbestos disease. Persons with medical reports exhibiting that they have been diagnosed with asbestos-linked complication must be clear about how they could probably have contracted the defect. In many occasions, victims were exposed to asbestos during their contracts with manufacturing factories, which puts these same factories as the liable parties. Investigation to back such a claim must be done thoroughly before asbestos litigation begins because defendants too will have strong defense mechanism.

As noted in this article, asbestos illnesses may take a long time to manifest. Therefore, victims faced with the daunting task of establishing where they might have acquired such diseases must be able to track back their working history and where possible collect tangible evidence of asbestos exposure. Medical report must also be in place to back their claim that whatever they suffer from is asbestos induced.

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