Asbestos was a common material used for thousands of billions of years in much of the world. In fact, it was one of the most widely used materials for several reasons, mostly because of its ability to resist catching on fire. Before asbestos professionals were called in for removal in modern homes and businesses, asbestos was considered to be seemingly safe in the 70’s which is why so many companies and cities turned to it.
But as the years went on, the dangers of asbestos were discovered and it was rooted out and thrown away. However, there are still many locations that still have at least trace amounts of asbestos. Today, more than 107,000 buildings in the US still have it. That means that you could be exposed to it even if you had no idea it was around you.
If that happens, can you sue for exposure or injury? The answer depends on a few things.
Suing for asbestos exposure or injury involves making your way through a very complex legal landscape due to the severe health risks associated with asbestos and the widespread historical use of this harmful substance.
As mentioned, asbestos was once widely used in construction, manufacturing, and all sorts of other construction projects. And since it was first introduced, it has been linked to serious health conditions such as mesothelioma, lung cancer, and asbestosis.
If you or a loved one has been exposed to asbestos and suffered related health issues, pursuing legal action is a viable option that has helped many others in the past who have sought compensation for damages. It could be the right choice for you too.
But before you can sue for the exposure and injuries that come from being asbestos, you have to understand how the entire process will work.
Understanding Asbestos Exposure
Asbestos is a material that has been known for its fire-resistant properties, which led to its wide use in many different industries for decades. Sadly, exposure to asbestos fibers will result in severe health complications.
To make matters even worse, the latency period between exposure and the manifestation of diseases like cancer sometimes takes several decades, which makes it challenging to pinpoint just exactly when and where the exposure happened. Despite that, there are still ways for people to receive financial compensation for the pain and suffering they endured due to asbestos.
Health Effects and Associated Conditions
Asbestos exposure has been linked to several debilitating health conditions. Some of them are serious and even life-threatening, which means creating a lawsuit for you and your family is even more important.
Lung Cancer
Asbestos exposure increases the risk of developing lung cancer, especially in people who smoke cigarettes.
Asbestosis
Asbestos leads to a serious condition known as Asbestosis. This is a chronic lung disease that is caused by scarring of the lung tissue because of prolonged exposure to the material. Again, it usually doesn’t make itself known for at least a couple of decades after heavy exposure.
Legal Basis for Asbestos Lawsuits
If you suffer from a condition because of being exposed to asbestos, you have legal options. But it can be a long process that requires much preparation and knowledge. To pursue a legal claim for asbestos exposure or related illnesses, you need to follow several key steps.
Exposure
You will have to demonstrate and prove that you were exposed to asbestos either occupationally or through another type of exposure, like because of a family member friend, or spouse who worked with asbestos.
Identifying Responsible Parties
Determining the parties that are responsible for the asbestos exposure is the next step in the process, so it is clear who the lawsuit is being leveled against. This part of the procedure will involve companies that produced asbestos-containing products or locations where the exposure happened.
Statute of Limitations
It’s important to be aware of the statute of limitations, which imposes a strict time limit on filing a lawsuit about asbestos exposure.
As mentioned before, asbestos-related illnesses often have a long latency period, and many American states have specific rules regarding when the clock starts ticking for filing a claim. This is why you should get a trained legal professional involved because they will know the minute details about your region and any asbestos laws.
Legal Process
How does the filing of a lawsuit for asbestos exposure work and what should you expect once you have decided that you want to move forward with the process?
Consultation with an Attorney
Seek the advice of an attorney experienced in asbestos lawsuits and settlements. These pros can assess your case, gather all necessary evidence, and then also guide you through the lengthy legal process. Or, if your case is one of immediate injury, you may be able to consult a personal injury lawyer for advice on next steps.
Medical Evaluation
Next, you will need to obtain a complete medical evaluation in order to establish the connection between your asbestos exposure and any diagnosed illness. At this juncture, your medical records will play a crucial role in proving causation.
Filing a Lawsuit
Your attorney will then file the lawsuit against the responsible parties. This could be a single company or multiple parties depending on the circumstances of your exposure.
Discovery Process
Both sides will then engage in the discovery process, which is when evidence is exchanged by everyone involved. This might include depositions and document requests.
Negotiations and Settlement
Many asbestos cases are resolved through simple and straightforward settlements negotiated between the parties involved. However, if a settlement cannot be reached, the case may then proceed to trial.
Complications and Challenges
Bankruptcies
Some companies responsible for asbestos exposure have filed for bankruptcy, impacting the availability of compensation. While some sort of settlement is still possible in this case, it could affect the amount of financial compensation you get.
Establishing Exposure
Proving where and when asbestos exposure occurred can be challenging due to the long latency period of asbestos-related diseases.
Final Thoughts
Suing for asbestos exposure or injury is a very complicated and sometimes overwhelming legal process that requires careful navigation. If you or a loved one has suffered health issues due to asbestos exposure, consulting with an experienced attorney is crucial.
Understanding the legal situation, your state’s statute of limitations, and possible compensation is very important for deciding upon an informed decision and seeking justice.
Wayne Probert is a senior reporter at Zobuz, covering state and national politics, and he is a grantee with the Pulitzer Center on Crisis Reporting. Before joining Zobuz, he worked as a freelance journalist in Kentucky, having been published by dozens of outlets including NPR, the Center for Media.
