If your household member worked around asbestos, you may also have been exposed.

Also known as secondary asbestos exposure, household and domestic exposures, second-hand exposure accounts for 20% of asbestos illness cases worldwide.

Many asbestos injury claims settle before either side files legal paperwork. So, it’s hard to know how many victims file asbestos exposure lawsuits. The money at stake is another matter. According to one study, the average asbestos settlement is over $1 million. The three kinds of lawsuits below account for most of these settlements.

Before we go further, we should discuss some non-lawsuit options. Several large asbestos processors declared bankruptcy in the 1980s. A federal judge only approved this move if these companies established an asbestos exposure trust fund. 

Some victims are eligible for money from this multi-billion dollar fund. In a few other cases, especially if an attorney “encourages” this behavior, a company or homeowner immediately does the right thing and compensates victims before things go further.

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If you may have been exposed to asbestos, speak with your healthcare provider about tests and screening to help detect the presence of asbestos fibers and asbestos-related diseases.














Image Asbestos Lawsuits article body













Defective Product









Most residential and commercial buildings constructed before 1980 contained lots of asbestos. Because of this mineral’s low cost and fireproofing effectiveness, builders overlooked serious safety concerns. Asbestos exposure diseases, like mesothelioma, have very long latency periods. Therefore, victims who were exposed around 1980 might just now be showing signs of this disease.





Builders stopped using asbestos around 1980. But they didn’t remove the asbestos they installed. A tiny crack in a wall could release toxic asbestos fibers into the air. Renovation and demolition workers face even greater exposure risks, as outlined below.





For victims, these lawsuits are often straightforward. Usually, victims must only prove exposure. The dangers of asbestos have been widely documented. Additionally, these victims usually don’t have to prove negligence or fault, at least for liability purposes. Most product makers are strictly liable for any damages their defective products cause.





Negligence could be important regarding damages. If there’s evidence the defendant intentionally disregarded a known risk, jurors often award additional punitive damages.













       
        
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Negligent Homeowner









Legal actions against asbestos manufacturers are quite complex. These multinational companies have almost limitless resources with which to fight these claims. So, from a practical standpoint, actions against individual negligent homeowners are a little less complex. However, from a legal standpoint, things are different.





Even if there is asbestos exposure, in many lawsuits, the person injured must prove negligence.





If asbestos leaks out of walls, roofs, or other places, and a victim gets sick, the victim must prove negligence. Most states require business-owners and homeowners to address health hazards, like potential asbestos exposure. Depending on the facts of the case, this requirement could include:





  • Sectioning off a wall or other area that contains asbestos,
  • Painting over or otherwise covering up the dangerous area,
  • Removing the wall or other hazardous area, or
  • Vacating the premises. 





Additionally, the victim/plaintiff must prove, by a preponderance of the evidence, that the owner knew, or should have known, about the asbestos exposure hazard.





But there are over $30 Billion asbestos compensation that is unclaimed and still available, often without a lawsuit.












                    

                        

                        
                            

                                
                                    
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Unsafe Abatement









The aforementioned removal requirement has created an entire industry. Many companies charge thousands of dollars to remove asbestos. Not all these companies are ethical.





In extreme cases, unsafe asbestos removal is a criminal matter. In 1998, the federal government indicted three Wisconsin men who hired homeless people to remove asbestos from an idle Marshfield plant. The men didn’t give the workers proper protective equipment. “Knowingly removing asbestos improperly is criminal. Exploiting the homeless to do this work is cruel,” then-Attorney General Janet Reno remarked.





Unsafe abatement of asbestos and the issue of civil fraud





More commonly, unsafe abatement could be a civil fraud matter. Basically, fraud is knowingly making a false statement to cheat someone else out of money or property. Common false statements in this area include faking test results, saying the company’s methods are safe and effective and using unqualified workers or improper equipment, and failing to clean up as promised.





















AsbestosClaims.Law









For Justinian C. Lane, getting compensation for asbestos victims is personal.





Justinian’s grandparents and his father all worked with asbestos in their younger years and died from asbestos-related cancers in their later years.  





At the time of each of their deaths, no one in Justinian’s family knew that they were eligible to file an asbestos lawsuit and to seek compensation from the asbestos trusts.





Because no one in Justinian’s family knew their options, they never received any compensation for the death of their loved ones. 





If you believe that you or your family member’s injury was related to asbestos exposure, you could be entitled to significant compensation.





This is money you could use to cover the costs of asbestos removal services, pay for medical treatment, and preemptively protect your physical well-being. 





There are also asbestos trusts that offer compensation much more quickly and easily (without filing a lawsuit.)





If you’d like help with filing a claim, please get in touch by email at [email protected], or call or text us at (833) 4-ASBESTOS (427-2378) or (206) 455-9190. We’ll listen to your story and explain your options. And we never charge for anything unless you receive money in your pocket.





In addition to legal claims, veterans disability, social security and employment protection like workers compensation, FELA and The Jones Act for maritime workers, there are asbestos trusts that have been set up to compensate those harmed by asbestos without having to file a lawsuit.





There is no risk or cost to speak with one of our staff about your asbestos litigation. There are no fees unless you receive money.





If you have any additional questions or concerns related to asbestos, check out our website and YouTube page for videos, infographics and answers to your questions about asbestos, including health and safety, asbestos testing, removing asbestos from your home and building, and legal information about compensation for asbestos injuries.





Introducing the largest database of asbestos information on the planet.





W.A.R.D., which stands for the Worldwide Asbestos Research Database, helps clients to narrow down when and where they may have been exposed, as well as which products may still contain asbestos. W.A.R.D. will also help indicate compensation types and how much a person may be entitled to.