Asbestos Liability
Although it usually takes a long time to discover injuries from
asbestos exposure, thousands of people are diagnosed with
asbestos-related diseases each year. But asbestos injuries and their
related costs are 100-percent preventable. For this reason, it is often
possible to hold those who have exposed people to asbestos risks liable
for the harm they have caused.
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Most cases of asbestos exposure stem from occupational exposure
- coming into contact with the toxic mineral while working. Asbestos
liability means that a company is legally responsible for injuries
resulting from asbestos exposure. And once diagnosed, the physical,
emotional and financial costs of these illnesses add up quickly. If a
court finds a company liable for injuries caused by asbestos exposure,
the company usually must pay monetary damages.
Experienced mesothelioma attorneys can help you determine who is liable
for your injuries and understand how liability is determined. They can
also help you file a claim against the companies liable for your
injuries.
To understand the context of asbestos liability, fill out the form on
the right side of this page to receive a free copy of the Mesothelioma
Center's comprehensive informational packet.
How Is Asbestos Liability Determined?
Asbestos claims make up a special area of the law. Asbestos lawsuits
are often called "mass torts" because asbestos exposure causes injury
to many people. The actions of a single defendant can harm one person,
dozens or even thousands of people. For instance, several people can be
exposed to asbestos near a mine, in a plant, on a Navy ship, or after using an asbestos containing product like insulation.
Injured people can file claims individually or as part of a group. Courts sometimes join multiple lawsuits with similar claims (e.g., against a common defendant) for easier case processing.
Sometimes large groups of people with similar claims come together to file a class action lawsuit. This type of lawsuits can be an efficient way to settle large numbers of claims in a single lawsuit. But they require court approval to ensure that each claimant is fairly represented.
Whether plaintiffs file their claims individually or as part of a group, theirs jobs are still the same: They must convince a jury that the defendant is liable for their injuries. Each state has its own liability laws, but asbestos claims are usually based one of three legal theories, negligence, strict liability and/or breach of warrant.
Injured people can file claims individually or as part of a group. Courts sometimes join multiple lawsuits with similar claims (e.g., against a common defendant) for easier case processing.
Sometimes large groups of people with similar claims come together to file a class action lawsuit. This type of lawsuits can be an efficient way to settle large numbers of claims in a single lawsuit. But they require court approval to ensure that each claimant is fairly represented.
Whether plaintiffs file their claims individually or as part of a group, theirs jobs are still the same: They must convince a jury that the defendant is liable for their injuries. Each state has its own liability laws, but asbestos claims are usually based one of three legal theories, negligence, strict liability and/or breach of warrant.
$32 Billion in Trust Funds Remaining
Find out how these funds help compensate victims of asbestos exposure.
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How Asbestos Liability is Compensated
A variety of options exist for compensation. Lawsuit verdicts and settlements
generally provide the best opportunity to significant compensation.
Money may be paid for asbestos-related damages including lost wages,
medical expenses and related expenses such as travel treatments.
Compensation for pain and suffering is sometimes available as well.
Families who have lost loved ones to asbestos-related illnesses may be
able to file wrongful death claims for their losses and expenses such as
funeral costs.
But first, a plaintiff must usually prove to a court that the defendant is liable or persuade the defendant to settle because there is a good case for liability. That is why it's a good idea to consult an experienced mesothelioma attorney about your case.
Proving liability for diseases with long latency periods like mesothelioma is more challenging than other work-related injuries. The long latency period between initial exposure to asbestos and the development of mesothelioma can take 30 to 50 years or more. Coming up with proof of exposure that happened several decades ago is more difficult than proving work-related injuries that happened recently.
Sometimes it is not possible to file a lawsuit even though a company is liable. Several major asbestos manufacturers and other asbestos defendants have filed for bankruptcy protection. Asbestos bankruptcy trusts, also called asbestos compensation trusts, have been created to handle their asbestos liabilities.
Although this type of bankruptcy protection stops future lawsuits, it may be possible to file a claim for compensation with the asbestos trust. A qualified mesothelioma attorney can also help you determine if a trust claim is an option and how a claim might affect lawsuits against other liable companies.
In addition to receiving compensation from asbestos lawsuits and trust funds, compensation is available to veterans through the VA benefits system.
But first, a plaintiff must usually prove to a court that the defendant is liable or persuade the defendant to settle because there is a good case for liability. That is why it's a good idea to consult an experienced mesothelioma attorney about your case.
Proving liability for diseases with long latency periods like mesothelioma is more challenging than other work-related injuries. The long latency period between initial exposure to asbestos and the development of mesothelioma can take 30 to 50 years or more. Coming up with proof of exposure that happened several decades ago is more difficult than proving work-related injuries that happened recently.
Sometimes it is not possible to file a lawsuit even though a company is liable. Several major asbestos manufacturers and other asbestos defendants have filed for bankruptcy protection. Asbestos bankruptcy trusts, also called asbestos compensation trusts, have been created to handle their asbestos liabilities.
Although this type of bankruptcy protection stops future lawsuits, it may be possible to file a claim for compensation with the asbestos trust. A qualified mesothelioma attorney can also help you determine if a trust claim is an option and how a claim might affect lawsuits against other liable companies.
In addition to receiving compensation from asbestos lawsuits and trust funds, compensation is available to veterans through the VA benefits system.
Future of Asbestos Liability
Asbestos liabilities are high and will continue for many decades.
There is a concern that companies will run out of money to compensate
all of their asbestos liabilities. Some states
have adopted measures that attempt to limit or postpone compensation
for all but the most seriously ill. As of 2011, asbestos trusts only
have assets of $36.8 billion. This is not expected to be enough to
compensate all asbestos injuries in future years. Although legislation
was proposed a few years ago address this issue, Congress did not come
to agreement. In the meantime, lawsuits continue to present the greatest
opportunity for compensation for asbestos-related injuries.
No one can undo the permanent damage caused by asbestos-related injuries. However, if you have been injured by asbestos exposure, money may be available to compensate some of your expenses and other losses.
No one can undo the permanent damage caused by asbestos-related injuries. However, if you have been injured by asbestos exposure, money may be available to compensate some of your expenses and other losses.
Author
Tim Povtak
Tim Povtak is an award-winning writer
with more than 30 years of reporting national and international news.
His most recent experience is in researching and writing about asbestos
litigation issues and asbestos-related conditions like mesothelioma. If
you have a story idea for Tim, please email him at tpovtak@asbestos.com