Asbestos is a group of compounds that are silicate in nature. It is composed of mineral fibers that have resistive properties against heat and chemical damage. It is for this reason that they are popular in usage for construction materials and the textile industry. As flexible as this material is, asbestos is highly hazardous and can act as a potent carcinogen. When asbestos gets exposed, it emits thousands of tiny particles, which enter our body by inhaling. Upon subsequent exposure to asbestos, there is an accumulation of particulates in the respiratory tract, which can cause a myriad of health complications.
While the onset of Asbestos-related diseases can take decades to appear, the conditions are excruciating. They lead to many limitations in your everyday life. The conditions include various respiratory problems like lung cancers, mesothelioma, pulmonary injuries, and inflammation. With the diagnosis of asbestos-related diseases being on the rise, there’s also been a considerable spike in asbestos liability cases. Since there are so many complex factors involved in the case, the question arises, who is fully accountable, and how can you achieve justice?
Determining the accountability for Asbestos exposure
Many sources can put you at risk of Asbestos exposure. Generally, asbestos comes from metamorphic rocks; hence its exposure is prominent in construction or mining sites. It is also present in items like wall paint, insulation parts, and flooring material. On a general note, no law in particular bans the use of asbestos. Therefore, it can be difficult to sue someone for its effects.
However, suppose you have been diagnosed with Asbestos-related disease and have a history of working in mines/construction sites. In that case, it is possible to hold the employers accountable for the harm they have inflicted on you. You can opt for mesothelioma legal help and work with professionals to build a strong case for asbestos exposure. The case stems from the fact that employment firms must provide safe work conditions or provide safety measures in their contract. Hence, any employee that contracts an Asbestos-related disorder can file for a breach of laborer safety rights. When you contact these expert lawyers, they will assist you in filing a case and receiving the proper compensation to cover your medical bills and other financial damages. Working with their professionals will also help you assess your legal options and proceed accordingly.
Breach of contract
Another lawsuit you can file for Asbestos exposure is the breach of contract. A breach in warranty or breach of contract implies that a seller or company has failed to live up to its product’s claims. It means that if a seller claims that a product is safe and free of carcinogens. Yet, its users are developing cancers. They have violated their warranty of safety. As of today, there are a lot of cosmetic products that include asbestos in them. A few examples include talcum powder, eye shadow palettes, and shimmer powders. Even popular products like Johnson’s baby powder have also tested positive for asbestos.
Suppose you have used a company’s products religiously or worked in the advertisement sector of the company assuming their products are safe. In that case, you can sue the owner under the breach of contract claim. It is essential to note that adding asbestos to cosmetics is not technically prohibited in the United States. So your case may get dismissed if the product discloses that it contains asbestos. Companies that claim to have safe carcinogen-free cosmetics, on the other hand, may face a legal battle. Before bringing a lawsuit on this allegation, check that the product has undergone comprehensive and trustworthy testing. Furthermore, you should be aware that items that contain 1% asbestos can be marketed as “free” of asbestos under US law. Hence, small amounts of asbestos do not warrant legal action.
What forms of compensation may I seek?
It is highly dependent on your circumstances, but as per statistics, mesothelioma compensation usually adds up to anywhere from $1 to $2.4 million. While collecting your compensation may take less time, it is essential to note that the legal processes take substantial time and effort to complete.
Moreover, the lawsuits filed for compensation can come under two categories. A “personal injury” filed by people afflicted with mesothelioma and “an inaccurate death claim” was filed by the family of someone who died. The amount is usually settled based on the case. Since every case is unique, you should talk to an experienced attorney to determine the exact estimation for your circumstances. The costs for the compensation are usually availed from either trust funds or the defendant if proven guilty. Essentially, the amount should help you cover all the medical expenses and travel costs and make up for the financial losses generated by your health limitations.
Whether it be negligence or a careless act, a lawsuit is always difficult to prove, no matter what kind of professionals you have on your side. Regardless of the obstacles, if you or your loved ones get affected by any bad occurrence caused by someone else’s conduct, you have the right to sue. It would help if you strived to conduct proper research and fight off a case no matter how difficult it may seem. Money may get replaced, but a life that has passed cannot be returned.