Legal Claims for Asbestos Exposure
Even a small exposure to asbestos can cause a range of health problems decades later. These illnesses can include asbestosis, pleural plaques, mesothelioma and other cancers. Claims for asbestosis and all the others can have varying requirements with varying degrees of involvement.
In addition to healthcare bills, asbestos-related illnesses can lead to lost wages, an inability to work, disabilities, a degraded quality of life and even a fatality.
But under state and Federal laws, people harmed by asbestos exposure are often entitled to compensation for their injuries. In many cases, they do not even need to file a lawsuit.
If you or a loved one 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 damage.
And if you have been diagnosed with an asbestos-related illness, you can speak with an asbestos injury attorney at the law offices of Justinian C. Lane, Esq. to discuss your options.
Reasons To Have An Asbestos Claims Attorney Help You File an Asbestos Claim
- Make an informed decision.
- Guide you through the various steps of the asbestos claim process.
- Avoid mistakes that lead to claims getting rejected.
- Take things off your plate.
Types of legal claims for injuries caused by asbestos exposure
Asbestos Bankruptcy Trust Claims
There are approximately $30 billion dollars in asbestos trust funds set aside to compensate individuals who were injured by their exposure to asbestos.
The Asbestos Industry Hid the Dangers of Asbestos.
Asbestos manufacturers knew since the 1930s that breathing in asbestos caused health problems. Doctors and insurers told companies that asbestos placed their workers and others at risk. Insurance companies explained that asbestos products might endanger consumers.
But instead of warning their employees and consumers that asbestos could cause health problems, the asbestos industry kept it secret from the public.
They got away with it, because asbestos-related illnesses can take decades to appear. But when hundreds of thousands of people started getting sick, the asbestos industry finally got caught.
Asbestos Companies Set Up Trusts To Compensate Victims.
As the truth started coming out in the 1970s, people realized that many of the people exposed to asbestos would be developing health problems for many years.
Courts wanted to make sure that the companies would have enough money to pay for all people who might develop asbestos-related health problems.
So the asbestos companies were ordered to place their insurance money into special bank accounts called trusts.
Asbestos Trusts contain over $30 Billion unused funds.
Under a court order, this money is designated only to compensate people harmed by asbestos exposure.
Asbestos Trusts – Compensation Without A Lawsuit
Asbestos Trusts have been set up to compensate victims. If you can show you were exposed and have an illness, you can almost always collect.
This is not a lawsuit:
Applying for compensation from Asbestos Trusts.
The person was exposed to asbestos for which that trust was responsible.
Proving a person’s asbestos exposure may require finding work records and other documents that show a person was employed at a particular site or using products containing asbestos.
Fortunately, at the law offices of Justinian C. Lane, Esq., we have built an the largest database of asbestos info in the world. Our database W.A.R.D. includes worksites, locations and products that exposed people to asbestos. We leave no stone unturned to prove your asbestos exposure, even if it took place decades ago.
You can conduct a database search at AsbestosClaims.Law.
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The person has an asbestos-related illness.
Over a hundred years of scientific research has shown that asbestos can cause a wide range of health problems. These asbestos-related illnesses range from a persistent cough to aggressive and fatal mesothelioma and other cancers.
The American Lung Association has stated that once inhaled or swallowed, some asbestos fibers never leave the body.2
Medical communications, X-rays and similar documentation can show that someone has been diagnosed with a recognized asbestos illness.
Find out which health problems are eligible for compensation from asbestos bankruptcy trusts.
Receiving compensation from the asbestos trusts.
We have spent over two decades working to secure compensation from asbestos trusts for clients with health problems caused by asbestos. Our experience and understanding of the process can ensure that your claim is filed diligently and on time.
By working with asbestos trusts, we enable our clients to get paid more quickly and with less hassle than through litigation.
However, asbestos was used so widely that some asbestos-related injuries also involve companies that did not set up the asbestos trusts. In these cases, we have the resources needed to take on companies of any size, and have secured millions of dollars in compensation for asbestos victims in court.
Failure To Warn
When someone is hurt by a person or company’s carelessness, the injured victim can often recover compensation from the person or company that hurt them. The legal term for carelessness is negligence.
One type of negligence is failing to warn people about a known danger.
If a person does not know something is risky, the person will not know to avoid it.
That is why the law requires a company or person who creates a danger to warn others who might be injured.
Consumers have far less knowledge about a product than the company that manufactured it. So the law often requires companies to warn consumers if a product is dangerous. Many products carry warning labels.
For decades, the asbestos industry and its insurers knew of the dangers caused by their product.
But the asbestos manufacturers did not add warning labels on their product.
They told many employees asbestos was safe to breathe or work near.
When employees became sick, the company would cover it up, replacing the worker but not addressing the asbestos exposure.
That is why many of our clients have received financial compensation for painful and even fatal asbestos-related health problems from:
- Asbestos mining companies
- Asbestos manufacturers
- Asbestos distributors
- Asbestos company insurers
- Workers compensation providers for asbestos-related employees
If you have an asbestos-related illness and are considering filing a lawsuit against the asbestos industry for your injuries, speak to a seasoned asbestos claims attorney. An asbestos claims lawyer like Justinian C. Lane, Esq. can gather all the evidence needed to show that you were exposed to asbestos and harmed as a result.
The offices of Justinian C. Lane, Esq. uses W.A.R.D., the largest and most comprehensive database of asbestos industry information on the planet.
This includes historical work records, manufacturing blueprints, and other documents to show a person was employed at a particular site or using products containing asbestos.
Even brief asbestos exposure more than five decades ago can cause cancer.
And if you were exposed, we leave no stone unturned to prove it.
Secondary Asbestos Exposure (Domestic / Household Exposure)
People who once worked with asbestos are at the highest risk of developing debilitating asbestos-related diseases. However, other people—people who have never worked in construction, the automotive industry, or mining—could still face danger if they lived with or spent significant time around someone who did.
Asbestos has no taste and no smell.
Asbestos fibers are microscopic, and they don’t produce an immediate toxic reaction like say, chlorine – so many people do not know they breathed it.
That is until twenty to fifty years later, when it has done damage to the body and symptoms of asbestos-illnesses begin to appear.
Many people regularly washed the asbestos-tainted work clothes of their spouses or family members.
In fact some researchers studied the issue, exposing work clothes to asbestos dust, then testing how much asbestos exposure took place by shaking out and washing the clothing.
And the study found that it exposed a person to more than half as much asbestos dust as a worker grinding asbestos concrete pipe. Many of my patients routinely washed their spouses’ asbestos-covered work clothes, and some even had worse asbestos illnesses than their spouse who was working around asbestos.
Second-hand asbestos exposure is not as common today as it was throughout much of the 20th century. However, take-home asbestos exposure still presents a serious health hazard—one that could affect millions of Americans. In fact, studies of asbestos-related diseases have found that 1 in 5 diagnoses can be traced back to household exposure.
Second-hand asbestos exposure is real.
Compensation is available People who were exposed to asbestos by a family member who worked around asbestos.
When someone dies because of another’s carelessness, deception or other wrongful act, the deceased person’s family can file a wrongful death lawsuit against the person or entity that caused the death.
Children and spouses of people who died as a result of mesothelioma or other asbestos-related illnesses can seek compensation for injuries including their loss of the family member’s support and companionship.
However, there are laws known as statutes of limitation that limit how much time you have to file a lawsuit after being injured. Speak to an asbestos claims attorney to help understand your deadlines and how to file a lawsuit for wrongful death by asbestos.
Many would say the asbestos industry was more than careless and negligent, it was fraudulent. When a wrongdoer’s actions are deceptive or intentional, the wrongdoer is sometimes required to pay what the law calls punitive damages, also known as exemplary damages.
Punitive means punishing. These damages are money that a wrongdoer is made to pay to the victim, even though it is more than the victim’s actual injury. They are intended to prevent a wrongdoer from misbehaving again.
Punitive damages are also an example to discourage others from engaging in the same misdeeds.
When individuals injured by asbestos exposure have filed lawsuits, many juries have punished the asbestos industry with punitive damages.
In fact, lawsuits against the asbestos industry are often settled out of court, because the asbestos manufacturers know the facts against them are so damning.
These lawsuits are often the only way to punish wrongdoers, compensate victims and see that justice is served.
We have been representing clients harmed by asbestos for nearly two decades. Over that time, we have built W.A.R.D., the largest database of asbestos information on the planet. W.A.R.D. is constantly being updated – of all the worksites and products that contained asbestos. The database allows us to investigate and document asbestos exposure that took place decades ago, sometimes even without the victim knowing.
Our database also contains historical and cutting edge scientific research, and corporate information to help us trace all the responsible parties involved, including insurers.
In more than decades of litigating asbestos claims, we have developed a deep understanding of the medical, factual and legal aspects of asbestos claims law. Our background covers the process for obtaining compensation from court-ordered asbestos funds, as well as complex litigation involving mass tort claims.
We are available to consult with attorneys or firms with less experience in this arena. We do not ‘poach’ clients. Our advice and database are available for reasonable fees, and are directed only toward ensuring that everyone harmed by asbestos is properly compensated.
Veterans Benefits Claims
For decades, asbestos was used by the U.S. Armed Forces to fireproof all types of vehicles and housing. Hundreds of thousands of veterans were exposed to asbestos on ships, in barracks and even military uniforms.
For this reason, the Department of Veterans Affairs (VA) recognizes that many veterans who served were exposed to asbestos, and they will often provide compensation for asbestos-related injuries through the veterans benefits program. Families of veterans harmed by asbestos exposure during their service can often receive survivor benefits.
The law offices of Justinian C. Lane Esquire has helped many veterans receive money from the VA for illnesses caused by asbestos-exposure. Clients who receive money from the VA are still permitted to file claims under the asbestos trust as well. We can help you file both.
If you were exposed to asbestos on the job – what is known as occupational exposure – then you may be entitled to file for workers compensation from your employer’s insurance program.
The advantage of workers compensation claims is that some are processed more quickly.
But be aware that workers compensation puts strict limits on how much money you can receive for your injuries. And if you file a workers compensation claim for health problems associated with your occupational exposure to asbestos, you may waive your right to file a lawsuit for your injuries as well.
Many railroad workers were exposed to the most dangerous forms of asbestos.
The Federal Employers Liability Act permits railroad workers to receive compensation from their employers for health problems relating to asbestos exposure at work.
The Merchant Marine Act of 1920, more commonly known as the Jones Act, is a U.S. federal law that protects sailors and offshore workers. It is based on the federal legal protections given to railroad workers who are hurt on the job.
The Jones Act permits seamen and offshore workers with asbestos-related health problems to receive compensation from their employers.
Social Security Claims for Asbestos Exposure
Social Security Disability Insurance (SSDI) and asbestos-related illnesses
Social security benefits are available for injuries from asbestos exposure.
Unfortunately, there is a long waiting period for approving and paying disability benefits. But the SSA understands malignant illnesses are more urgent.
So under its compassionate allowance program, applications for certain malignant conditions like mesothelioma are prioritized.
Proper applications for SSDI based on malignant conditions are processed, approved and paid more quickly. So it is important to submit a proper application to be expedited as a compassionate allowance.
To avoid getting denied, an asbestos claims attorney can help prepare the application and make sure all the supporting documents and other evidence are provided.
Supplemental Security Income (SSI) and asbestos-related illness
Some people with asbestos-related illnesses that prevent them from working have not earned enough credits under the SSA programs to receive retirement benefits. They often also do not have enough credits to qualify for Social Security Disability Insurance (SSDI).
For these people there is another option: Supplemental Security Income (SSI).
Justinian Means Justice
We have the resources available to litigate asbestos cases against the largest companies in the world. We have battled bullies and earned millions of dollars in compensation for clients that were injured by asbestos.
Every case is different, but we are driven by a sense of justice, and aim to deliver justice for our clients, whatever that means for them.
My own family was affected by the harms of asbestos and the neglect and deception of the asbestos industry. And my team and I are ready to go toe-to-toe with any company that manufactured, sold, installed, or removed asbestos products without providing proper protection to our clients.
And we do not accept defeat. Unless we get you money for your injuries, you don’t pay us a dime.
Your Rights Can Be Lost If You Wait
There are laws that limit how much time you have to file a lawsuit after being injured. They are known as statutes of limitation.
A statute of limitation may apply to your asbestos claims.
Most statutes will begin to run from the date of injury. That means the ‘ticking clock’ starts the day that you were diagnosed with an asbestos-related illness.
If you are filing a wrongful death claim, the statute of limitation usually dies on the date that the loved one passed away.
Now is the time to act.
Do not wait to find out when your claim begins. If you believe you are entitled to compensation for your asbestos-related illness, call, text or email the Law Offices of Justinian C. Lane, Esq. to understand your rights.
We can set up a consultation in person, by phone, or video conference – whatever makes you most comfortable. I will listen to your story and explain all your options, including a reasonable estimate of how much compensation you are likely to receive from the asbestos trusts based on your story.
No matter what, there is no fee and no obligation.
If you were harmed by asbestos exposure, $30 billion dollars was set up to pay for your injuries.
You have every right to claim your share, to help with your healthcare bills, treatment travel costs, and inevitable funeral costs, and leave your family a legacy.
And it will cost you nothing to file a claim.
AsbestosClaims.law is your comprehensive resource for all things asbestos. We hope this information is helpful.
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, free asbestos testing, removing asbestos from your home and building, and legal information about compensation for asbestos injuries.
And if you believe that you were exposed to asbestos, or have been diagnosed with an asbestos illness, you could be entitled to significant compensation—money you could use to cover the costs of asbestos removal services, pay for medical treatment, and preemptively protect your physical well-being.
All without filing a lawsuit.
If you’d like help with filing a claim, please get in touch by email at [email protected], us 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.
1 National Cancer Institute (NIH), Asbestos Fact Sheet.
2 American Lung Association, Asbestos, How Asbestos Impacts Health (updated 2022).
3 Klebe, S., Leigh, J., Henderson, D.W. and Nurminen, M., 2020. Asbestos, smoking and lung cancer: an update. International journal of environmental research and public health, 17(1), p.258.
4 National Cancer Institute (NIH), Asbestos Fact Sheet.