Long-term asbestos fiber exposure to asbestos lawsuit in industrial or working environments causes asbestosis, a devastating lung disease. You or a loved one may be entitled to compensation for asbestosis-related medical expenditures, lost wages, and pain and suffering. The legal process is complicated, but knowing the stages can help you get compensated. Ongoing asbestos fiber inhalation produces chronic asbestos injury. The severe condition can cause lung cancer and other respiratory disorders. Many asbestosis patients were unknowingly exposed to asbestos in construction, shipbuilding, car manufacturing, and other asbestos-using industries. Here are the essential steps to take when pursuing claim for asbestosis victims.
- Get a Diagnosis from a Medical Professional
- Document Your Work History and Asbestos Exposure
- Consult with an Experienced Asbestos Attorney
- Explore the Types of Compensation Available
- File a Claim for asbestosis (If Applicable)
- File a Personal Injury or Product Liability Lawsuit
- Consider Filing a Claim for Asbestosis Trust Fund
- Prepare for a Potential Legal Battle
Get a Diagnosis from a Medical Professional
Verify asbestosis before suing. If asbestos exposure produces coughing, chest pain, or shortness of breath, see a doctor. An asbestos-related disease specialist or pulmonologist may do many tests:
- To identify asbestosis-related lung scarring.
- Evaluation of lung function.
- Lung biopsies may reveal asbestos fibers.
- A medical diagnostic linking asbestos exposure to health is needed to file a compensation claim for asbestosis.
Document Your Work History and Asbestos Exposure
Your compensation claim must state where and when you were exposed to asbestos, the main cause of asbestosis. In asbestos-using companies, many workers were accidently exposed. Gather as much work history as possible to relate claim for asbestosis to exposure:
- Any indication your employer utilized asbestos or asbestos exposure health and safety reports.
- Your coworkers, managers, and others may corroborate exposure.
- Your compensation case benefits from thorough documentation.
Consult with an Experienced Asbestos Attorney
Know the law to receive claim for asbestosis. A knowledgeable asbestos lawyer will help. Here is how a claim for asbestosis lawyer can help:
- A claim for asbestosis lawyer will investigate your case to identify who is accountable, such as your former workplace or asbestos-containing product manufacturers.
- Your claim for asbestosis lawyer will keep medical, employment, and asbestos exposure records.
- An attorney can evaluate your case and recommend compensation.
- An asbestosis-experienced lawyer may boost your compensation.
Explore the Types of Compensation Available
The following damages may be awarded to asbestosis compensation victims:
- Doctor visits, medications, surgeries, and hospitalizations are asbestosis treatment costs.
- You may be entitled to lost wages if your condition prevents work. This includes past and prospective disease-related pay losses.
- Compensation for disease-related physical, emotional, and quality of life suffering.
- Consortium lost: You may sue for companionship and support if asbestosis has damaged your marriage.
- To punish careless or malicious defendants, punitive damages may be levied.
- Your attorney uses case data to calculate compensation.
File a Workers’ Compensation Claim for Asbestosis(If Applicable)
Workplace asbestosis may qualify for workers’ comp. Without guilt, workers’ compensation covers disease, incapacity, and lost pay. Here are the tips to acquire California workers’ comp:
- Inform your employer of your asbestosis diagnosis immediately. Workplace injuries can be reported within 30 days, but reporting them immediately eliminates claims delays.
- Submit a DWC-1 claim form from your company. Give your diagnosis and medical records.
- Insurance companies and workers’ compensation boards may request these. These examinations assess sickness severity and work impact.
- If a third party caused asbestos exposure, workers’ comp may not cover everything. Cases may require more legal action.
File a Personal Injury or Product Liability Lawsuit
If asbestosis was caused by asbestos-containing items or a negligent manufacturer, you may be entitled to personal injury or product liability claims in addition to workers’ compensation. Suits recover pain and suffering, lost future earnings, and other non-economic losses that workers’ compensation may not.
Here are the tips to sue:
- Your attorney will investigate your exposure to disease-causing companies and persons.
- The asbestos lawyer will sue the parties.
- Parties will exchange depositions and evidence. Often, asbestos claims settle before trial. Courtroom appearance by your lawyer.
- Successful settlements or judgments may reimburse medical expenditures, lost income, and pain and suffering.
Consider Filing a Claim with an Asbestos Trust Fund
Many asbestos manufacturers have trust funds to recompense asbestos sickness victims. The asbestos litigation bankrupted multiple companies, creating these trust funds. The at-fault party may have a compensation trust. Attorneys can check trust assets and help apply. Trust fund claims may pay faster and more than lawsuits.
Prepare for a Potential Legal Battle
Expect a long legal struggle, even though many asbestos claims settle out of court. Complex asbestos claims can take years to investigate, settle, or try. Here are the tips for optimal results:
- New or altered medical records? Get a lawyer.
- Many defendants can postpone court proceedings for months or years.
- Compensation may enhance your life, but it’s long and hard.
Conclusion
For medical bills, lost pay, and pain and suffering, workplace asbestosis can be sued. This can assist you in navigating the complex asbestos legal process with an attorney. Work promptly to obtain evidence for your workers’ compensation, personal injury, or asbestos trust fund claim. This may help you hold the responsible parties accountable and get the compensation you need to manage your sickness and quality of life. At the Law Office of Spiro K. Pistiolas, we represent the best asbestos lawyers who have handled a wide range of asbestos cases. Get in touch with us today at (844) 414-1768!
