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Return to Asbestos BlogUnderstanding your asbestos claim and compensation
Asbestos exposure has been linked to various severe health conditions, including mesothelioma, lung cancer, and asbestosis.
If you or someone you love has been diagnosed with one of these diseases and suspect it was caused by asbestos exposure at work or elsewhere, filing an asbestos lawsuit may be the best course of action to get the compensation you deserve for medical bills as well as pain and suffering. While the legal process can seem daunting, this guide will provide step-by-step instructions for navigating an asbestos case, including proving exposure and filing paperwork correctly.
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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.
Proving Asbestos Exposure
Proving asbestos exposure is a crucial step in filing an asbestos lawsuit. The burden of proof lies on the plaintiff, and it can be challenging to not only prove that a disease is linked to exposure but also that the defendant’s negligence caused exposure.
Workplace history can demonstrate you or your family member were exposed to asbestos at work, and that asbestos was brought into the home or family vehicle on work clothing. (Our database can help.)
The first step in proving asbestos exposure is identifying where and when the victim was exposed. This could be through work history or by testing the environment in which they live. It’s important to gather any documentation related to employment or residential history to help identify potential sources of exposure.
Medical records can also play a significant role in proving an asbestos claim.
Medical professionals can conduct tests such as X-rays, CT scans, or bronchoscopies to detect if there are any signs of lung damage due to prolonged asbestos inhalation. This documentation will be key.
Witness testimony from colleagues, family members, or friends who may have witnessed the victim working with or around asbestos products can also provide valuable evidence for an asbestos case.
“The overall evidence suggests there is no safe level of asbestos exposure.”Source: National Cancer Institute (NIH)1 |
An experienced asbestos attorney can help research and prove your asbestos claim.
Proving asbestos exposure requires extensive research and documentation gathering, in general. However, with proper legal representation and a thorough investigation into the source of exposure, victims may be able to hold negligent parties accountable.
Over the past decades, Asbestosclaims.law has developed a W.A.R.D. database the world’s largest repository for asbestos exposure information. This database can help tremendously in identifying potential causes of exposure.
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 >The Legal Process of an Asbestos Lawsuit
The legal process of an asbestos lawsuit is complex and can take years to complete. It involves several stages: complaint filing, discovery, trial preparation, and the actual trial itself or settlement negotiations to avoid a court battle.
The first step in filing an asbestos lawsuit is to find a qualified attorney specializing in these cases. They will be able to guide you through the legal process and ensure that your rights are protected.
Once you have found an attorney, they will file a complaint on your behalf. This document outlines the details of your case and alleges that you were exposed to asbestos due to negligence on the part of the defendant.
The Discovery Process: Gathering evidence of your asbestos exposure and injuries for an asbestos claim
Discovery is the next stage in the legal process. This involves gathering evidence from both sides through depositions, interrogatories, and document requests. The goal is to build a strong case before heading to trial or negotiating a settlement.
Trial preparation involves preparing witnesses and arguments for trial, if necessary. Settlement negotiations may also occur during this stage as both parties try to reach an agreement without going to court.
If no settlement is reached during negotiations, then this will lead to going into trial where all of the evidence gathered by both parties will be presented under oath and examined until a verdict has been reached by a jury or judge (in a bench trial).
If you worked in an industrial occupation or worksite before 1982, you were likely exposed to asbestos fibers at some point.
Asbestos is highly resistant to heat, pressure and corrosion, so it was used in many products, vehicles and buildings. In particular, many workplaces like factories, refineries, foundries and shipyards involve high amounts of heat, and were built with a lot of asbestos.
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Asbestos Cases in Different Regions
Asbestos exposure has been a global issue for decades, affecting people in different regions. However, not all regions have the same level of asbestos cases and regulations. The United States, for example, is known to have one of the highest asbestos-related disease rates due to the country’s widespread use of the mineral in various industries up until the 1970s, as well as its decision to not eliminate its use altogether (like in many other areas of the world).
Asbestos causes cancer. Health researchers are learning how.
Studies show that asbestos fibers embed in the bodily tissue:
- Causing scarring
- Disrupting the body’s defense mechanisms
- Increasing formation of free-radicals (electrical charges known to increase the likelihood of cancer)
- Harming DNA that controls cellular growth, potentially leading to the formation of carcinomas (cancerous tumors)
Asbestos-related diseases continue to be a global problem.
Asbestos has also been widely used in Europe but with stricter regulations than in other countries. Most European countries have implemented bans or limitations on using asbestos since the 1990s.
Australia was once one of the world’s largest producers and exporters of asbestos-containing materials until it banned them altogether in 2003. Australia still faces high levels of mesothelioma cancer caused by past exposure.
Asian countries like China and India continue to use a significant amount of asbestos despite evidence linking it to lung cancer and mesothelioma. These countries struggle enforcing regulations due to a lack of resources and awareness among workers about potential health hazards.
While some regions have made strides in regulating or banning asbestos use entirely, many still face challenges in reducing cases related to this toxic mineral.
“Generally, those who develop asbestos-related diseases show no signs of illness for a long time after exposure.”Source: National Cancer Institute (NIH)2 |
Timeline of an Asbestos Case
The timeline of an asbestos case can vary depending on various factors, but generally, it takes a significant amount of time to resolve an asbestos lawsuit.
Complaint
The first step is filing the complaint with the court system and serving the defendant(s) with notice.
After receiving notice, defendants have a certain period to respond to the allegations against them. Once all parties have been served and have responded appropriately, discovery begins. In discovery, both parties exchange information about their cases through depositions or written interrogatories, as mentioned above.
Pretrial Motion Practice
Next comes pre-trial motions, which could lead either to a settlement or a trial by jury. If both parties cannot reach a settlement during this stage, then trial preparation commences.
Trial
At this point, attorneys will work tirelessly preparing their cases on both sides before presenting evidence in front of a judge or jury panel at trial. During the trial phase of an asbestos case, both sides present arguments as they try to prove who is responsible for causing harm.
Judgment
Suppose there’s no appeal filed after judgment has been given in favor of one party over another side. In that case, compensation will be paid out according to what was agreed upon in court or negotiated outside of court, as well as in consideration of other factors.
The Legal History of Asbestos
Asbestos has a long and complicated legal history. The first asbestos-related lawsuit was filed in the United States in 1929, but in the 1960s and 1970s, its dangers became known.
Despite this knowledge, many companies continued to use asbestos in their products for decades. This increased lawsuits against manufacturers and employers who failed to protect workers from exposure.
| Even lifelong smokers can collect compensation for asbestos damage. | |
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Many of our clients believed they weren’t eligible to file an asbestos lawsuit because they were cigarette and cigar smokers. This isn’t true under the laws of many states. Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos. |
| Even lifelong smokers can collect compensation for asbestos damage. |
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| Many of our clients believed they weren’t eligible to file an asbestos lawsuit because hey were cigarette and cigar smokers. This isn’t true under the laws of many states. Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos. |
In response, numerous laws were passed regulating the use of asbestos. In 1970, Congress passed the Occupational Safety and Health Act (OSHA), which required employers to provide a safe workplace free from hazards like asbestos.
The Asbestos Hazard Emergency Response Act (AHERA) was passed in 1986 to regulate school buildings containing asbestos. Additionally, many states have passed laws limiting or banning the use of asbestos altogether.
The legal history of asbestos is marked by tragedy and ongoing efforts to hold those responsible accountable for their actions.
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 >Asbestos Trusts
Bankrupt companies have established asbestos trusts to compensate victims of asbestos-related diseases. These trusts contain funds set aside expressly for those affected by the company’s use of asbestos. The amount paid depends on the severity of the illness, and other factors such as age, occupation, and exposure levels.
To qualify for compensation from an asbestos trust, claimants must provide evidence of exposure to asbestos through the company’s products or facilities. This can be challenging as many decades have passed since some companies used asbestos in their products or buildings, yet diseases don’t tend to become apparent until decades after use.
Due to the many claims submitted each year, asbestos trust claims can take several months to process. Claimants need to work with an experienced attorney who understands how these trusts operate and can help guide them through the application and subsequent steps.
While asbestos trust payments may not fully compensate victims for their losses, they offer some financial relief to help cover medical expenses and support families during a difficult time. Asbestos trusts are essential for ensuring justice for those impacted.
Types of Asbestos Claims
Asbestos claims can vary depending on the harm caused by asbestos exposure. However, there are two primary avenues for seeking compensation: personal injury claims and wrongful death claims.
Personal injury claims involve individuals diagnosed with an asbestos-related disease, such as mesothelioma or lung cancer, due to asbestos exposure. These individuals may be entitled to compensation for medical expenses, lost wages, and pain and suffering.
Wrongful death claims arise when someone dies from an asbestos-related disease. The family members or dependents of the deceased person can file a claim seeking damages for their loss and the expenses incurred from the passing of their loved one.
There are also secondary exposure claims where a person did not work directly with asbestos but was exposed through contact with someone who worked in an environment contaminated by it.
People who worked in these industries prior the mid-1980s have a higher risk of developing asbestos-related diseases:
| Construction | Factories | Foundries | Refineries | Shipyards | Mining / Milling |
| Demolition | Insulation | Steelworkers | Pipe Fitting | Shipbuilding | Mechanics |
| Roofing | Textiles | Iron workers | Boilers | Firefighting | Brake Repair |
| Flooring | Cement | Electricians | Gasket Repair | Railroad | HVAC |
Unfortunately so do their families.
It’s important to note that each case is unique and requires specific evidence to support the claim. Seeking legal assistance from experienced attorneys who specialize in handling asbestos cases can help ensure victims receive fair compensation for their injuries or losses.
Understanding Contingency Fees
When filing an asbestos lawsuit, it’s essential to understand how attorneys charge for their services. Many lawyers who handle these cases work on a contingency fee basis. This means they only get paid if they receive a settlement or win their case in court.
Contingency fees are typically a percentage of the total amount recovered in the case. This percentage varies depending on the attorney and the complexity of the case. The fee may also be higher if the case goes to trial rather than settling out of court.
It is essential to discuss contingency fees with an attorney who can explain how this arrangement works and what to expect. Working with a contingency-based model can benefit plaintiffs who may not have the funds to pay an attorney upfront.
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 >The Easiest and Fastest Method for Filing an Asbestos Lawsuit
Filing an asbestos claim could be complex but can become more accessible with proper guidance and information. The fastest and easiest way to get a claim filed is by seeking the help of an experienced attorney specializing in asbestos cases.
An attorney will guide a plaintiff in completing paperwork correctly, gathering evidence proving exposure, and filing within the statute of limitations. They’ll also provide legal representation against manufacturers or other liable parties throughout the lawsuit process.
It’s essential always to remember that time is of the essence when filing a claim. That’s why taking swift action is essential once diagnosed with any asbestos-related disease.
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.
Full article: Asbestos-related cancers: the ‘Hidden Killer’ remains a global threat (tandfonline.com)
1 National Cancer Institute (NIH), Asbestos Fact Sheet.
2 National Cancer Institute (NIH), Asbestos Fact Sheet.
