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Return to Asbestos BlogGetting compensation for an asbestos-related illness does not always mean that you have to go to court and battle it out. In fact, that is not even the most common way to receive compensation. Here’s what you should know about the advantages of other pathways to receive compensation for diseases related to asbestos exposure, as well as which option is the fastest and easiest one available to you.
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If you may have been exposed to asbestos, even when you were a child, speak to your healthcare provider about tests and screening to help detect the presence of asbestos fibers and asbestos-related diseases.
Asbestos Exposure 101
For decades, the general public was unaware of the exposure risks associated with asbestos. As far as the average person was concerned, the pervasive presence of asbestos in the industrial world as well as the home seemed to indicate that it was virtually harmless. Unfortunately, the industry knew of the health risks associated with asbestos long before that information became public knowledge.
The issue of asbestos exposure and the ability to pursue a pathway to compensation is not based on how often you have been exposed to asbestos or even the exact way that exposure took place.
“Generally, those who develop asbestos-related diseases show no signs of illness for a long time after exposure.”Source: National Cancer Institute (NIH)1 |
Don’t Put Your Head In The Sand: Asbestos is Still With Us
We no longer live in an era where the truth about asbestos is suppressed. Instead, anyone with internet access can find the most up-to-date resources related to the medical dangers of asbestos exposure. Researchers are discovering more ways that this once-considered “miracle mineral” proves to be a detriment to health when exposed.
Exposure Criteria is Less Complex Than You May Think
And while ongoing research is needed to connect asbestos exposure to certain types of cancer or uncommon illnesses, research has proven that there is a basic truth about asbestos exposure, one that everyone should know: there is no safe level of asbestos exposure. In other words, any kind of asbestos exposure is asbestos exposure.
In the grand scheme of things, especially when it comes to seeking compensation for an asbestos illness, It doesn’t matter how someone was exposed and it doesn’t matter how long they were exposed.
“Some asbestos fibers may bypass…your body’s natural defenses…and lodge deep within your lungs. Those fibers can remain in place for a very long time and may never be removed.”Source: American Lung Association |
Secondary Asbestos Exposure: Families of Industrial Workers
Secondary Exposure is Still Exposure
This is one of the most important factors when it comes to instances of secondary asbestos exposure. People may think that if you have been exposed to asbestos fibers because of someone else, it somehow disqualifies you from filing for a claim. However, this is not true.
Secondary exposure is still exposure. These issues are not graded on a scale in court or in options that serve as alternatives to lawsuits. Instead, there only needs to be evidence that supports these claims.
“It has been repeatedly and consistently demonstrated in the medical and scientific literature that family members exposed to asbestos dust from laundering a worker’s clothing have a significantly increased risk of developing mesothelioma.”-U.S. Supreme Court, 2018. Air and Liquid Systems Corp. v. DeVries,139 S. Ct. 986, 586 U.S., 203 L. Ed. 2d 373 (2019). |
What is Required in “Proof”?
Evidence is an important component of receiving asbestos compensation, regardless if you are in the midst of a lawsuit or if you are seeking other forms of compensation that don’t involve filing a lawsuit. Unlike the standard of proof that exists in criminal courts, there is only the requirement of “more likely than not”, which is another way of describing a preponderance of the evidence. This essentially points to the ability to establish liability, including the compelling case of lay witnesses, documentary evidence, and expert witnesses.
Do You Qualify For Compensation?
Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.
FREE SEARCH >
Other Forms of Asbestos Compensation (Not a Lawsuit)
Options “Outside” of Court
While these options can sometimes yield a higher degree of compensation, lawsuits are not as reliable (or as quick) as other options. Other forms of compensation prove to be a much easier process overall. These include the following (and more), with a basic comparison:
- Trust Fund Claims– considered the quickest and easiest way to file a claim related to an asbestos illness. Does not waive your right to file a lawsuit in addition.
- Workers Compensation Claims– strict time-frame limit and can waive your right to file a lawsuit.
- Veterans Disability Claims– This may apply to veterans and family members of veterans. Can be one of the slowest processes to receive compensation since it involves dealing with a federal government agency.
- Social Security Claims– As with the example of the VA, social security claims can often be time-consuming. Submitting a claim under the compassionate allowance program will give you a higher priority and can cut down on the time it takes for the entire process.
The Advantage of Asbestos Trust Compensation
Of the examples listed above, the most popular is trust fund claims. The reason for this is that asbestos trust fund claims are often settled outside of court without needing to file a lawsuit, they are an easier process overall, and they are often the fastest way to receive compensation. Asbestos trusts are funds designated by asbestos companies to pay for people who have been injured by asbestos. At the present time, there are still over $30 billion in unused funds, which accounts for nearly 40% of funding.
“The overall evidence suggests there is no safe level of asbestos exposure.”Source: National Cancer Institute (NIH)2 |
Professional Support is Within Reach
However, asbestos trusts are not blank checks. These trusts still require evidence of asbestos exposure and an asbestos-related illness. This is what highlights the benefit of having a dedicated asbestos attorney at your side to fight for you. Asbestos attorneys can help walk you through the entire process of filing a claim, and they can negotiate to ensure that the compensation you receive for your illness is fair.
Do You Qualify For Compensation?
Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.
FREE SEARCH >W.A.R.D.: The Largest Asbestos Info Database on the Planet
The Benefits of W.A.R.D: Researching your family’s exposure
One of the first places to start is by using the best research tools available, such as the worldwide asbestos research database (W.A.R.D). If you are suspicious of your workplace or that of a loved one, this is a great place to start in order to find documentation or a legal history tied to a specific workplace.
Contact An Asbestos Attorney Today
Asbestos attorneys can be a crucial support system in the entire process of dealing with an asbestos illness, regardless of whether you pursue a lawsuit or not. Even in the case of trust fund claims, asbestos attorneys are able to help you compile the evidence needed and fight for you to ensure that you receive the compensation you need.
Best of all, there is no risk involved. In fact, asbestos attorneys will only get paid if you do. Simply put, there is no upfront cost or stipulations. The first and best course of action is to reach out to the professionals at AsbestosClaims.law. With their help, compensation may be easier and faster than you imagined.
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.
1 National Cancer Institute (NIH), Asbestos Fact Sheet.
2 National Cancer Institute (NIH), Asbestos Fact Sheet.
