For many people, claiming compensation isn’t always the top priority after a diagnosis of asbestos exposure. However, if you’re unable to work because of breathing difficulties or experiencing chest pains, you must know what you are entitled to. Additionally, the side effects of asbestos treatment can also lead to financial hardship, especially if you’ve had to quit your job. As a claimant, providing proof of asbestos exposure is vital because you need to provide reputable evidence in a court of law to hold asbestos defendants accountable. If you don’t have evidence of your vulnerability, your claim will not move forward. We’ve dug more in-depth on this subject, and here are some essential facts you need to understand when considering a claim for asbestos exposure.
1. Legal Fees
After the case ends, there will be some costs incurred from representing the person exposed to asbestos. However, this payment doesn’t fall on the claimant. If your case is successful, the defendants pay the costs, and you, as the claimant, don’t have to make any contributions. Unlike other law firms, EdwardsPattersonLaw.com has a team of experienced personal injury attorneys who will work on your case professionally to ensure that you receive full compensation. You should understand that working with a competent team increases your chances of winning the case significantly. We highly advise against proceeding with the issue on your own. If you’re working on the case alone, you may not receive the full compensation, or even worse, the case might be turned against you.
Having the relevant documents is vital to proving your case since the exposure must be traced to products, employers, companies, or the military. You need to provide sufficient documents to make your case stable. However, if you have an experienced attorney, they will be capable of handling every area of your case. Some of the vital documents to have included a pathology report that proves your asbestosis diagnosis. Secondly, you also need to have imaging or MRI scans that show the extent of your cancer. This should also be followed by blood tests that support your cancer diagnosis. Thirdly, you should have medical documents from your healthcare provider that connect your asbestos exposure to your diagnosis. Finally, ensure you have employment records or pay stubs that prove past employment.
3. What if I’m claiming on Behalf of a Deceased Person?
Medical conditions like asbestosis take a long time to develop. However, once the infection gets to a stage where the symptoms are present, the disease cannot be cured. In this stage, life expectancy can dwindle to a few months or a couple of years. If the exposed person passes on, it’s often friends and family members who take over the responsibility of filing and making a claim. Ideally, the claim can still be perused, and the case can be resubmitted as a claim against the defendant for wrongful death. Since making a compensation claim for a deceased person is complex, we recommend working with an experienced attorney who is well-versed in asbestos-related lawsuits.
4. Where Does the Employer Stand in All this?
Suppose you’re exposed to asbestos dust in different jobs and are worrying about proving which one was to blame. Recently, the law has changed a lot in this area. Any firm that exposes its employees to asbestos without appropriate protection must settle the full claim in an asbestos exposure case. This is practicable even when another employer is to blame. However, the law is a bit different for people living with asbestosis. In this scenario, each employer is only liable for a proportion of the claim. And this depends on how long the employee worked with them.
5. What are the chances of a Claim Being a Success?
Ideally, every asbestos claim is different. Whether a claim is successful or not depends on specific circumstances. However, there are a few elements that could ensure that your claim is a success. In most cases, a case will be triumphant if proven on the balance of probabilities that your health condition was caused by exposure to asbestos. In simple terms, if it can’t be proven that a particular employer caused asbestos exposure, it’s more likely that it was.
Before a case can reach its final hearing, both parties will continue to negotiate, and your attorney will keep you informed. If the parties disagree on a settlement figure through negotiation, the case proceeds to its final hearing. During the hearing, the court will consider the evidence presented and decide how much compensation should be awarded.
The health dangers of asbestos dust have been known since the early 1920s after its discovery. After discovering asbestos, factories were required to have respirators and adequate ventilation to control asbestos dust. This means it’s difficult for an organization to defend a claim that they were not aware of any dangers or precautions. Finally, ensure you seek immediate medical attention if you’re exposed to asbestos.
Tags: Asbestos Exposure, Documentation, edwardspattersonlaw, Employer Stand, Important Details, inancial hardship, LA Guestlist, Los Angeles, Settlement
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