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Asbestos Overview
There May Still Be Time To Make A Claim
Many people who have suffered injuries from toxic substances such as asbestos did not know of the health risks at the time of the exposure. As a result, some states have enacted laws allowing people to file lawsuits for a certain amount of time after the date when their asbestos-related illness was detected, rather than from the date of the exposure. An attorney can tell you whether you still have time to file a lawsuit within the limitation period applicable in your state.
Compensation For Asbestos Exposure Injuries
Many effects of toxic asbestos exposure are permanent and irreversible. Although the law seeks to place an injured person in the position he or she was in before an injury, this usually is not possible. Instead, economic compensation thought to be equivalent to the victim's damage is awarded. A plaintiff who can prove that he or she was exposed to asbestos may be able to recover for both the economic and noneconomic consequences of that exposure, including:
- The cost of past and future medical care;
- The cost of necessary rehabilitation;
- Lost past and future wages;
- Lost earning capacity;
- Lost enjoyment of life;
- Emotional distress; and,
- Past and future pain and suffering.
Another kind of damages that plaintiffs injured by asbestos may be able to recover are "punitive" damages. Punitive damages are intended not to compensate the victim for his or her losses, but to punish the defendant's wrongful conduct. Although punitive damage awards receive a lot of media attention, they are in fact quite rare. The amount of punitive damages awarded is usually based on the wealth of the defendant and the magnitude of its wrongful conduct. Some states require that a portion of punitive damages awards be paid to the state.
Getting Help
If you are concerned about potential exposure to asbestos, or if you or a loved one suffer from asbestosis, mesothelioma, or another medical condition associated with asbestos exposure, you should take action to protect your legal rights by discussing your case with an experienced asbestos/mesothelioma attorney.
Go here to learn more about the role of an attorney in an asbestos/mesothelioma case.
Click here to find an experienced asbestos/mesothelioma attorney near you.
FAQs
- What types of workplace conditions do the health and safety standards address?
- What is asbestos?
- How does the privacy rule protect my medical privacy?
- What should I do about asbestos in my home?
- My father's job exposed him to asbestos. Now he has lung disease. Is it too late to file a claim?
Accident and Injury Resources
- Checklist: Steps to Take After an Injury
- Case Intake Form: Injury
- Quiz: Emotional Distress
- Sample Attorney Agreement: Injury Case
- Sample Medical Records Release Form
- Worksheet: Damage Estimate
- Find Personal Injury Lawyers in UK
- The FindLaw Accident, Injury and Tort Law Blog
- Find Chicago Personal Injury Lawyers
- Find Personal Injury lawyers in all locations
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