Is It Possible To Get Compensation For A Loved One’s Asbestos Exposure?

It may seem like a failure of society that there needs to be a legal framework for being compensated after asbestos exposure. But in the United States and many other countries, there is an established framework and associated procedures. Although its use is restricted and regulated, there's no ban on asbestos in the US, despite the acute post-exposure health consequences. Has your spouse or another family member become critically ill as a result of asbestos exposure? You may be entitled to compensation.  

Exposure

Asbestos exposure can impact the body in many ways, and can prominently affect the mesothelium, which are layers of cells that form a protective barrier over organs and other internal tissues. Cell mutations lead to mesothelioma, which is an aggressive form of cancer. Many asbestos-related compensation claims are essentially mesothelioma lawsuits.

Prognosis

It's even possible to file a claim if your spouse or family member has tragically succumbed to their illness, or if you're seeking to use the claim as financial compensation and a means to fund your family's healthcare needs. Although the prognosis for this type of cancer is not encouraging, there are certain forms of treatment that may delay its effects. 

Circumstances

There are mesothelioma attorneys who deal exclusively in seeking asbestos-related compensation for their clients. Depending on the circumstances, these claims can either be classified as personal injury (when filed by the individual who has become affected), or a wrongful death claim (when filed by the family of the affected individual). 

Historical

Asbestos-related claims are often historical in nature, as the latency period (time to the onset of symptoms) may take from 20 to 50 years. Any statute of limitations to making an asbestos-related compensation claim are generally related to the date of diagnosis, even though the condition may have been asymptomatic for potentially years beforehand. However, since the claim will be against a corporation or other entity from your family member's past, there's a chance that the group will no longer be in business.

Trusts

Many bankrupt or otherwise redundant corporations or business entities were legally obligated to set up compensation trust funds with the express purpose of paying out monies to those affected. As such, it's possible to obtain compensation funded by a corporation or business entity that no longer exists.

Determining the nature of the claim, as well as any speculation about how much you're likely to receive, is something best left to the professionals. The specialized nature of these claims means it's sensible to consult a mesothelioma attorney.

Contact a law office such as the Law Offices of Justinian Lane to learn more.


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