The success of mesothelioma victims and their families in obtaining justice and their legitimate right to mesothelioma compensation can often be a lengthy process that requires many different factors to be carefully considered when determining the exact cause and liability as a consequence. of asbestos exposure and contracting an asbestosis disease. .
There is invariably a considerable amount of background work that must be carried out by a highly experienced asbestosis attorney and when a final resolution is reached in a long-standing mesothelioma claim case, it is often as a result of more than one appeal and a prior judgment being reversed.
Asbestosis attorneys will attempt to recover urgently needed financial damages to provide the patient, spouse, or close family with urgent and vital support at a critical time. Financial reparation may include the cost of often large medical bills, possibly including specialized equipment and care, travel expenses related to medical treatments, expenses not covered by health insurance, group or family support, and other types of funeral fees and expenses .
In most cases, a confirmed diagnosis is made when the mesothelioma has reached an advanced stage and there may be less than 12 months to live. The court process will then have to be continued by a spouse or family member working with your asbestosis attorney.
The long period of 15 to 50 years from initial exposure, most often in industrial workplaces and factories, but also in public sector buildings such as schools and hospitals, and the onset of asbestosis symptoms can often cause a considerable challenge in the original trace. employers and/or their insurers.
Insurers have previously contested their liability on the issue of asbestos awareness and whether the the claimant’s risk of contracting mesothelioma could be reasonably foreseen by the employer at the time of original exposure and at a level that would likely cause the employee to be exposed to a health hazard in the future.
Consequently, a defense could be mounted to the reasonably expected steps that have been taken to prevent foreseeable harm. However, it has been recorded many times that little or no information, face masks, or other protective equipment/clothing was provided to men and women who worked with asbestos during the years of greatest use, from the 1940s to the 1970s. and the 1980’s.
While in certain single-exposure cases, it is only required that it be shown that the presence of asbestos materially increased the claimant’s risk of contracting mesothelioma, in other cases, the defendant may shift the focus of their defense to an injury risk claim. mild exposure to mesothelioma. This type of case would require proof that, where exposure to asbestos has been shown to have caused an effect, some “breach of duty of care” has occurred on the part of the employer.
Here, an asbestosis attorney’s ability to win an asbestosis claim may depend more on proving that there was a breach of duty in each individual case of asbestos exposure.
While there will be an attempt to resolve the case on behalf of a client without going to trial, of course, scrupulous preparation will still be required, including writing pre-trial reports, notifying hearing witnesses, and gathering evidence. a considerable support file. documentation. Not only will the victim’s medical history be essential, but a complete employment history, detailing length of employment and frequency of asbestos exposure, will be crucial in determining which employer is likely to be liable.
