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Return to Asbestos BlogAsbestos has been linked to various health problems, including lung cancer and mesothelioma. Unfortunately, proving negligence in asbestos cases can be incredibly complex. The good news is that resources are available to help victims navigate this complicated legal process.
Here we will cover everything you need to know about proving negligence in asbestos cases, from establishing liability and utilizing research databases to overcoming obstacles like investigating defunct worksites and companies. Whether you or a loved one has been affected by asbestos exposure, understanding your legal rights is the first step toward seeking justice and compensation.
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If you believe that you were exposed to asbestos, even as a child, speak to a healthcare provider about tests and screening to help diagnose lung-scarring and screen for asbestos-related diseases.
Establishing Liability: Duty to Warn and Employer Responsibilities
When it comes to proving negligence in asbestos cases, establishing liability is a crucial step. Two key factors that come into play are the duty to warn and employer responsibilities.
The duty to warn requires manufacturers and suppliers of asbestos-containing products to inform consumers about the associated risks of exposure. This means providing clear warnings on the packaging or through other means of communication.
“The overall evidence suggests there is no safe level of asbestos exposure.”Source: National Cancer Institute (NIH)1 |
Employer responsibilities involve ensuring a safe working environment for employees exposed to asbestos fibers. This includes implementing safety protocols, providing protective equipment, and monitoring exposure levels.
However, proving liability can be challenging for various reasons, such as missing evidence or outdated records. Asbestos litigation attorneys often rely on experts in industrial hygiene or occupational medicine to provide supporting evidence.
Establishing liability is essential to proving negligence in asbestos cases and holding responsible parties 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 >Utilizing the Worldwide Asbestos Research Database (W.A.R.D.)
The Worldwide Asbestos Research Database (W.A.R.D.) is a powerful tool for lawyers and researchers involved in asbestos cases. This database contains over 100,000 documents related to the mining, manufacturing, use, and disposal of asbestos worldwide.
The database W.A.R.D. can help prove that there was asbestos exposure at your or your family member’s former worksite. Have a free search.
By accessing W.A.R.D., lawyers and claimants alike can quickly find important information about companies and products that may have exposed individuals to asbestos. They can search by company name or product type to gain insight into whether proper precautions were taken or if there was negligence on behalf of the manufacturer.
In addition, W.A.R.D. provides access to critical scientific studies about the health effects of asbestos exposure. Lawyers can utilize this information when building a case against a defendant who failed to warn their client about these dangers.
“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 |
The Discovery Process: Uncovering Evidence in Asbestos Cases
The discovery process is crucial in asbestos cases where evidence is collected to support the plaintiff’s claim. This process involves gathering documents and other materials related to the case through depositions, interrogatories, requests for the production of documents, and requests for admission.
During depositions, witnesses are questioned under oath by both parties’ attorneys. Interrogatories consist of written questions that must be answered within a specific timeframe. Requests for production require parties to provide documents or other tangible items relevant to the case.
Interrogatories are an important way to gather information to support your case.
Requests for admission ask each party involved in the lawsuit to admit or deny specific facts about the case. These admissions can help speed up litigation by narrowing down issues that need further investigation.
This discovery process aims to gather as much information as possible before trial so that all parties are aware of what evidence will be presented at trial. The more detailed the information gathered during this phase the more chance for success when proving negligence. This is why plaintiffs must work with an experienced legal team who knows how best to uncover evidence during this stage and use it effectively at trial.
| Over $30 Billion is still available (without a lawsuit). Stake your claim.  |
Asbestos Trusts: A Pathway to Compensation for Victims
Asbestos trusts have been established to provide compensation for victims of asbestos exposure. These trusts were set up by companies that filed for bankruptcy due to lawsuits related to using asbestos-containing materials.
Victims can file claims with these trusts, funded by the company’s assets and insurance policies. The compensation a victim receives depends on several factors, including the severity of their illness, length of exposure, and other circumstances.
Filing a claim with an asbestos trust can be a complex process that requires legal expertise. Working with an experienced asbestos attorney who understands how these trusts operate and can guide a client through the process is important.
“Generally, those who develop asbestos-related diseases show no signs of illness for a long time after exposure.”Source: National Cancer Institute (NIH)1 |
One challenge in filing claims with asbestos trusts is identifying which trust (or trusts) may be responsible for compensating a particular victim. An experienced attorney will know which companies established these funds and how to navigate the system effectively.
While seeking compensation from an asbestos trust may seem daunting initially, it is often an effective way for victims of asbestos exposure to receive financial support during difficult times.
Secondary Exposure to Asbestos: Legal Rights and Lawsuits
Secondary asbestos exposure occurs when individuals come into contact with asbestos fibers through another person, such as a family member or friend who worked in an environment with asbestos. While not directly exposed themselves, secondary exposure can still lead to serious health consequences.
Individuals who have suffered from secondary exposure may have legal rights and be entitled to compensation for their injuries. It is essential to consult an experienced asbestos attorney who can assess the unique circumstances of each case.
Proving defendant’s knowledge of the danger
To establish liability for secondary exposure cases, attorneys must prove that companies knew about the dangers of asbestos but failed to take appropriate steps to protect employees and those around them. This can involve extensive research into company records and testimony from witnesses familiar with workplace practices.
It is also essential for those affected by secondary exposure to seek medical attention immediately, even if symptoms are not yet present. Early detection is crucial in treating exposure-related diseases.
Seeking legal advice from knowledgeable attorneys will ensure victims and their families receive proper compensation for their injuries caused by secondary asbestos 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 >Contingency Fees: How Asbestos Attorneys Get Paid
Asbestos attorneys generally work on a contingency fee basis, meaning they will only receive a payment if their client wins the case. This type of payment structure is common in personal injury cases. It allows individuals who may not have the financial resources to pay for legal representation upfront to still pursue justice.
Contingency fees typically range from 25-40% of the total amount awarded in a settlement or trial verdict. This percentage can vary depending on factors such as the case’s complexity and whether or not an appeal is necessary.
Zero upfront costs. Zero fees unless you receive compensation. No risk.
Asbestos victims need to understand that there are no upfront costs associated with working with a contingency based legal team. The attorney will cover all expenses related to the case, including filing fees, court costs, expert witness fees, and more with the expectation to be compensated for this on the backend once a case is won.
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 >Additionally, it’s crucial for those considering hiring an asbestos attorney to thoroughly research their qualifications and experience before signing any agreements. Look for attorneys specializing in asbestos litigation and who have a proven track record of success in securing client compensation, like the team at AsbestosClaims.law.
Contingency fees provide access to quality legal representation for those who may otherwise be unable to afford it. Asbestos victims should explore all options available when seeking legal assistance and never hesitate to ask questions about payment structures before making a commitment and signing a contract.
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.
Overcoming Obstacles: Investigating Defunct Worksites and Companies
Proving negligence in asbestos cases can be challenging, but still possible. With the help of an experienced attorney and utilizing resources such as W.A.R.D. and asbestos trusts, victims can receive compensation for their pain and suffering. It is important to remember that even if a worksite or company is defunct, there may still be ways to uncover evidence through a thorough investigation.
It is crucial for anyone who has been exposed to asbestos to seek legal advice as soon as possible, as there are statutes of limitations on filing claims. By taking action today, victims can secure the financial support they need to cover medical expenses and provide for their families future needs. Remember: you do not have to face this alone.
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.
3 Scholarly Reference: Frank, A.L. Global use of asbestos – legitimate and illegitimate issues. J Occup Med Toxicol 15, 16 (2020). https://doi.org/10.1186/s12995-020-00267-y
