Who Is Entitled to File an Asbestos Claim?
If you have developed a disease due to asbestos exposure, you can bring a claim against the company that caused your exposure. The necessary condition is to have a relevant medical diagnosis. In this guide, we will focus on several exposure scenarios that will help you understand who can file a clai
People Who Have Suffered from Work ExposureAsbestos exposure occurs most frequently on the job. Individuals who have worked for many years in an environment that contained this substance are at higher risk of developing a correlated disease. This is because prolonged exposure involves significant doses of asbestos. Most patients who develop asbestos-related conditions have a work history that points out to industries where this mineral was massively used.
Some of the occupations that implied the highest risks of asbestos contamination are the construction industry, the asbestos manufacturing field, the automotive industry, the shipbuilding industry, the oil refining industry, the textile industry, the electric power industry.
If you were employed in one of these domains and feel symptoms like pain in the chest or shortness of breath, you should immediately get tested for asbestos if you haven't done it by now. A pertinent diagnosis will allow you to file a personal injury claim against an ex-employer.
Your chance of getting compensated for your disease depends on how soon you bring your claim after you've been diagnosed. You have a period of one to three years, depending on each state. So, don't waste any time and search for an experienced lawyer who can help you submit your request.
Victims of Secondary ExposureQuite often, people develop asbestos diseases because they suffer from secondary exposure. This means that they are not the ones who get into the first-hand contact with the substance. Someone close to them, usually a family member who worked in the industrial field, brought home asbestos particles. The exposure occurred, either by washing, for example, the contaminated clothes or by handling the work items that contained asbestos.
People Who Used Products Containing AsbestosAsbestos has been used in a broad spectrum of products. Some examples are adhesives, brake pads, vinyl wallpaper, stove mats, putty, boilers, fertilizers, heating ducts, floor tile, fire blankets, gloves, gaskets, packing material, hair dryers, baby powder, textile garments and the list could go on and on. Given their diversity, these products weren't limited to industrial use. Instead, they were massively purchased and used by people who had no knowledge of the risks they incurred. Therefore, those who used these products over an extended period and developed an asbestos-related disease are entitled to file a product liability claim against the manufacturers.
Those Who Lost a Beloved One Due to an Asbestos DiseaseIf someone in your family died due to an asbestos related-disease, you can bring a wrongful death claim against the company who's culpable for their exposure. If the claim is successfully concluded, you will receive compensation for your loss.
In case the victim managed to file the claim before they passed away, you have the right to continue the legal procedure on their behalf.
Either way, you'll need a knowledgeable lawyer by your side because this type of cases are particularly sensitive and it's often difficult to prove them.