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What is the Asbestos Litigation Process? Why You Should Hire a Professional


— May 7, 2021

When choosing a mesothelioma lawyer, you should select one who is highly experienced, empathetic, reputable, and resourceful


The asbestos litigation space is high stakes, particularly for the affected victims. Plaintiffs may require compensation to cover medical expenses or to hold corporations accountable. Patients and families who are impacted by asbestos exposure in occupational settings qualify for this legal assistance. 

Asbestos Regulations and Laws

Despite over 60 countries banning asbestos, the U.S. continues to utilize this mineral in building materials and throughout industrial occupations. This contributes to continued exposure. While there are no imminent risks with asbestos exposure, asbestos-related diseases can develop following occupational contact years prior. Most significantly, mesothelioma is a rare cancer that occurs post-exposure, when the linings of the lungs, heart, or abdomen develop tumors from lingering asbestos. 

Federal and state asbestos laws exist to protect individuals from unnecessary and wrongful exposure. At the federal level, laws generally include asbestos regulations when covering commercially used chemicals, enforcing protection for marginalized groups, and improving or evaluating environmental hazards.

Sign reading “DANGER: Contains Asbestos Fibers, Avoid Creating Dust. Lung disease and cancer hazard.” Image by Clker-Free-Vector-Images, via Pixabay.com.
Sign reading “DANGER: Contains Asbestos Fibers, Avoid Creating Dust. Lung disease and cancer hazard.” Image by Clker-Free-Vector-Images, via Pixabay.com.

State regulations prioritize existing legislation and enforce fines for those violating state laws. Each state can have different amounts of fines and focus on varying aspects of asbestos use, handling, and exposure. 

Federally enforced agencies have the jurisdiction to enact standards and rules surrounding asbestos control. Among these, the EPA and OSHA are two of the top agencies involved in upholding guidelines and codes. 

Types of Asbestos Litigation

Despite regulations to prevent asbestos handling or to mitigate risks, lawsuits and claims still exist to defend patients and provide financial relief after a mesothelioma diagnosis. Depending on the location of exposure, there are four types of asbestos claims to pursue:

VA Claims

If the plaintiff was exposed at the time of active duty, they can file a claim with the U.S. Department of Veterans Affairs. 

Personal Injury Lawsuits

Individuals are able to file a claim when they are diagnosed with an asbestos-related disease. 

Class Action Lawsuits 

Lawyers will group victims together when the same company exposes multiple employees to asbestos for a multidistrict litigation. 

Wrongful Death Lawsuits

Families can take legal action as a result of a loved one’s death from mesothelioma. 

Hiring an Attorney

The first step in the litigation process is hiring a trustworthy and dependable attorney to represent your case. When choosing a mesothelioma lawyer, you should select one who is highly experienced, empathetic, reputable, and resourceful. The right attorney can win your case, meaning that you will have the settlement you deserve. 

A mesothelioma lawyer can provide a free consultation to determine that you are eligible. Throughout the litigation process, an attorney will work with you to gather evidence to support your case. This kind of experience and skills will secure compensation, allowing you to recover from lost wages, medical expenses, and any other financial burdens ensuing after illegitimate asbestos exposure.  

As there is no nationwide ban on asbestos, laws surrounding this fiber vary according to the state you live in. The top mesothelioma firms will understand your case in relation to these regulations. They can also acknowledge the inconsistencies across states and represent you regardless of where you live. 

What You Should Know

You want your attorney to be best suited for the type of case presented. As criminal defense and real estate attorneys are equipped to handle charges against their clients for these distinct situations, mesothelioma lawyers benefit victims of asbestos exposure. 

Sources:

https://www.mesothelioma.com/lawyer/ 

https://www.osha.gov/asbestos 

https://www.epa.gov/asbestos 

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