Asbestos cases are notorious for having fraudulent claims mixed in with the real ones. For companies to help protect these claims through pre-packaged bankruptcy filings to avoid exposure is counterproductive.
Asbestos cases that are filed in Federal Court are all transferred to one judge in Philadelphia, Pennsylvania. This federal judge in Philadelphia (Judge Myron Weiner) has approximately 50,000 cases assigned to him. So now you can see how asbestos cases are very specialized and complicated.
Asbestos cases comprised 7,143 of the 33,649 product liability cases commenced in the year ending September 30, 1997, according to statistics compiled by the Administrative Office of the U.S. However, on that same date, only a relatively small number of the asbestos cases — 439 — were pending for three years or more.
Mesothelioma is a kind of cancer which is generally caused if you have been a victim of asbestos. The mesothelial cells shape the cavity of the chest, abdominal, and your heart. Mesothelioma is an inflammatory disease that is considered chronic. It has no cure and treatments can only do so much to alleviate the symptoms of the disease. Mesothelioma is a cancer of the lining of the chest cavity, lungs, or stomach, whose only known cause is asbestos.
Mesothelioma cases and generally difficult to prove and involve big names. It is hence important that you take the help of a lawyer who is experienced and knows how to deal with such cases. Mesothelioma, on the other hand, is a type of cancer that begins from a high degree of exposure to asbestos fiber.
It affects mesothelium tissues that line several vital organs in the body. Mesothelioma has taken many lives and affected thousands of families. It’s time to make these companies pay for their wrongdoing and send a message of intolerance to the underground asbestos industry.
Compensation can include the cost of medical treatment, lost wages, funeral costs, etc. Very often, punitive dam. Compensation could only be claimed if the legitimate fear of contracting an asbestos-related disease was so severe that it had somehow manifested itself as a personal injury, perhaps a psychiatric illness. This could only be argued in exceptional cases and there would be no sure prospect of success.
Lawyers vary widely in their approach. Many asbestos lawyers will offer an initial consultation after which they will be able to evaluate the strength of a case. Lawyers who take “frivolous cases” or even marginal cases go out of business quickly for these reasons. Lawyers are freelance bureaucrats. Keep in mind that in civil litigation one of the parties is generally in the courthouse under duress.
Exposure to asbestos, particularly through inhalation of asbestos fibers, has allegedly been linked to certain malignant and nonmalignant diseases, including mesothelioma and asbestosis. These diseases have latency periods of up to 40 years. Exposure to asbestos in the air during renovation or maintenance on asbestos-containing materials may cause irritation reactions. Asbestos can also cause cancer and chronic lung diseases.
Workers with prescribed diseases are entitled to compensation from a government body funded by employers’ contributions; in theory, workers need not demonstrate the causal links between exposure and prescribed diseases. In practice, this is often undermined, not least by physicians, medical specialists, and bureaucratic experts who continually question the principle of “presumption of origin.”.
V victims of mesothelioma, asbestosis, and pulmonary cancer, all of which are prescribed diseases, are disadvantaged by the pro-employer bias of the current system. Workers favored legislation instead because they often had been unable to recover damages or had experienced delays or high costs when they had been successful. For their part, employers favored legislation because it limited their liability and made payments predictable.