Asbestos Claims: What to Know and How to Seek Help

Exposure to Asbestos and Its Harmful Effects

Asbestos has no smell or taste, but its fibers, once breathed in, can become permanently embedded in a person’s lungs and not show symptoms of illness (such as a persistent cough) or disease (cancer) until years later. Mesothelioma, asbestosis, and lung cancer are among common diseases that can result from asbestos exposure, as many as 40 or 50 years later. Experts are finding out that even a small exposure to asbestos can cause health problems.

Because of how damaging this once revered fibrous material can be, even lifelong smokers who were exposed can be eligible for compensation. It is not largely understood and accepted that asbestos exposure, regardless of lifestyle choices, could be the culprit of diseases that develop years later. In fact, there are billions of dollars already set aside for those who may have been injured by exposure!

Anyone who feels they could have been exposed and are experiencing health problems may be awarded money without even filing a lawsuit, which can be a lengthy and potentially more costly. Exposure alone does not make a person eligible to file a claim, but with the proper documentation, including proof of exposure, documented work history, and an asbestos-related medical diagnosis, an individual could be able to take advantage of trust funds already set aside by the companies responsible.

Asbestos Companies Were Negligent

Since the 1930s, the asbestos industry knew that breathing in the hazardous substance could cause serious health problems. It was not until the 1970s that these problems became apparent when hundreds of thousands of people began to get sick — not only workers but their family members who breathed in particles brought home on clothing. Asbestos companies did not warn consumers about the dangers when it first became apparent that material was toxic. Instead, they hid the risks of exposure, and some employers tried to keep it quiet and cover it up when an employee fell ill. This was made easier because, as the National Cancer Institute reports, it can take years following exposure for symptoms to appear. Eventually, companies that failed to warn consumers were deemed negligent.

To compensate victims, under Chapter 11 proceedings, courts required asbestos companies to set up bankruptcy trusts with their insurance money which today contain more than $30 billion in unused funds. Through these trust funds, claimants have received compensation from asbestos mining companies, asbestos manufacturers and distributors, and employers that exposed their workers to the toxic substance.

In addition to receiving compensation for financial hardship, punitive damages for pain and suffering may also be awarded. This is because the asbestos industry’s actions in many cases were considered to be beyond negligent, even fraudulent. For example, some companies told their employees that asbestos was safe to work around when they knew better. Punitive damages are intended to “punish” the injuring party and serve as a deterrent for future negligence or carelessness.

Workers in several industries may have been exposed including miners, firefighters, construction and railroad workers, those in the military, and many others. If you are unsure about your eligibility for asbestos-related compensation, contact an asbestos lawyer for help. These attorneys have helped many victims who have fallen ill, even years after exposure.