Asbestos Claim

Wednesday, May 19, 2010

Who Can Obtain an Asbestos Settlement?

Who Can Obtain an Asbestos Settlement?
By Tony Ulrich

A victim of an asbestos induced injury may be eligible for an asbestos settlement as a compensation for their damages and losses. An asbestos injury is caused by exposure to the material.

Toxic airborne fibers contaminate the air and that can be extremely dangerous and harmful to anyone who ingests or inhales them. As a result, serious or fatal health conditions may develop in an affected person.

Diseases caused by asbestos exposure include lung cancer, asbestosis and mesothelioma. Asbestosis is not a cancer, however, very serious as it causes the build up of scar tissue that directly impairs the regular function of the lungs. The latency period of asbestosis can exceed 30 years. Other than lung cancer, cancer of the pancreas, the kidneys, colon and larynx can be a result of asbestos exposure.

Mesothelioma is rare, but it is a fatal form of cancer and it is exclusively linked to the exposure to asbestos. Before a patient shows the first signs of mesothelioma, the illness has usually remained dormant for many years or even up to several decades.

Asbestos occurs naturally as a fibrous mineral. It has been manufactured to a broad spectrum of products for over hundred years. The risks involved by getting exposed to asbestos, has been known for a long time.

However, some corporations decided against their better knowledge and continued to have their employees getting in frequent and intense contact with the material, without the adequate protection.

And even nowadays, 1.5 million workers in asbestos jobs such as in ship building, railroad and automotive production, are still exposed to the hazardous substance.

The government did enact rules and regulations in relation to the amount of asbestos an employee can be exposed to, which is 0.1 fibers per ccm over the course of eight hours. Over a period of 30 minutes, 1 fiber per ccm is permissible.

If a worker gets injured and develops an illness that is a direct result of an employer's negligence to protect him properly, he may have the legal grounds to file charges and seek compensation through an asbestos settlement claim.

When filing for an asbestos lawsuit, the assistance of a specialized and reputable asbestos attorney can not only help you to protect your rights as a victim, but also ensure that you get the maximum out of your case.

An asbestos lawsuit is founded on the victim's ability to prove that his injuries were caused by the exposure to asbestos, and that the injuries occurred due to the defendant's negligence.

Frequently, an asbestos settlement does not go into court, but can be negotiated with the defendant's insurance company before trial. The stature of limitations gives a claimant a certain amount of time in which he needs to come forward and file his claim. That time period can vary from jurisdiction and state.

If you have suffered asbestos injuries and want to learn more about possible compensation options, it is advisable to contact a mesothelioma lawyer and schedule a free consultation.

The author Tony Ulrich was diagnosed with kidney cancer in October of 2009. In his research on what his cancer could have been caused by, he came across with data that suggests a strong link to environmental toxics, such as asbestos. Please visit his Kidney Cancer and Asbestos Exposure Mesothelioma website for more details.

Article Source: http://EzineArticles.com/?expert=Tony_Ulrich

Who Can Obtain an Asbestos Settlement?
By Tony Ulrich

Who Might Be Eligible For an Asbestos Compensation?

Who Might Be Eligible For an Asbestos Compensation?
By Tony Ulrich

The answer to that question is fairly straight forward: anyone who has been diagnosed with an asbestos induced disease, and whose health condition can be conclusively linked back to negligence or misconduct of another party, might have the grounds for an asbestos compensation claim. However, being eligible for filing a claim does not mean that a person is also automatically entitled to receive a monetary asbestos compensation recovery.

Asbestos products have done a lot of harm to thousands of people over the past few decades. Formerly a highly praised substance, known for its outstanding properties as a building and insulation material, asbestos has come to be known a lethal thread to anybody who is being exposed to it.

Experts claim that as long as asbestos products remain undamaged, nobody is a risk of getting sick. The situation may drastically change, though, once damages occur such as broken asbestos tiles or cracks in asbestos house siding. Microscopically toxic dust particles get airborne and contaminate the surrounding air.

Anybody on site or in close proximity is at risk of either ingesting or inhaling the substance which ultimately may cause severe health conditions such as asbestosis, mesothelioma and certain kinds of lung cancers.

And as a matter of fact, a lot of the cases where new patients have been diagnosed with asbestos induced illnesses could have been prevented.

The risk involved of being exposed to asbestos is known since the mid 1980s; yet, irresponsible employers or landlords simply failed to take action in installing the adequate safety measures to protect their employees or their tenants, respectively, and therefore put them, against their better knowledge, at a high risk.

And such incidents do warrant asbestos compensation claims. In a first step the claimant should seek legal advice from an experienced and reputable attorney with a proven track record of successfully litigated asbestos settlement claims and lawsuits. Requesting a free consultation is advisable to get an impression on the attorney's style and personality.

But even before that I would recommend to get started on gathering as much relevant data and documentation as possible, pertaining to your health condition. This may include but shouldn't be limited to: pathology reports, any attestations from your health care providers, pictures, employment and rental contracts, etc.

The more thorough your case can be documented, the more substantial it becomes, which will help your asbestos attorney to frame a solid compensation claim.

Most importantly, don't wait but take action right after your diagnosis. The stature of limitations sets forth clear rules and regulations as to the time in which an individual must come forward in order to file an asbestos compensation.