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Success for mesothelioma victims and their families in obtaining justice and their right to mesothelioma compensation can often be a lengthy process, requiring careful consideration of many different factors when determining the exact cause and liability resulting from asbestos exposure and contracting. an asbestosis disease.
There is always a significant amount of background work that needs to be done by a highly experienced and specialist asbestos attorney and when a final resolution is reached in a long running mesothelioma claim it is often the result of more than one appeal and a previous ruling being quashed.
Asbestos advocates will seek to recover the financial loss that is urgently needed to provide urgent and vital support to the patient, spouse or next of kin at a critical time. Financial redress can include the costs of often hefty medical bills — possibly including specialist equipment and care, travel expenses related to medical treatment, costs not covered by health insurance, group or family support, and other types of reimbursement and funeral expenses.
In most cases, a confirmed diagnosis is made when the mesothelioma has reached an advanced stage and may have less than 12 months to live. The legal proceedings will then have to be continued by a spouse or family member who works with their asbestos lawyer.
The long period of 15 to 50 years from first exposure – usually in industrial workshops and factories, but also in public buildings such as schools and hospitals – and the appearance of asbestosis symptoms can often present a significant challenge in identifying original employers and /or their insurers.
Insurers have previously disputed their liability on the issue of asbestos awareness and whether the the risk to the claimant of eventually contracting mesothelioma could reasonably have been foreseen by the employer at the time of original exposure and at the level likely to expose the worker to a future health risk.
As a result, a defense could be set up when the expected reasonable steps have actually been taken to prevent foreseeable injury. However, it has often been found that little to no information, face masks or other protective equipment/clothing was provided to men and women who worked around asbestos during the peak years of use from the 1940s to the 1970s and 1980s.
While in some cases of single exposure it is only necessary to show that the presence of asbestos materially increased the plaintiff’s risk of contracting mesothelioma, in other cases a defendant may shift the focus of his defense to a claim for a minor mesothelioma exposure risk . In such cases, it would have to be demonstrated that where exposure to asbestos has had an effect, there has been a ‘breach of duty of care’ by the employer.
Here, an asbestos attorney’s ability to win an asbestos claim may depend more on proving that there was a breach of duty in each individual case of asbestos exposure.
While an attempt will be made to settle the case on behalf of a client without initiating a trial, careful preparation will, of course, still be required, including preparing preliminary procedural documents, notifying witnesses, and compiling a substantial case file. support documentation. Not only is the victim’s medical history essential, but a full employment history, detailing length of employment and frequency of asbestos exposure, is critical in determining which employer is likely to be liable.
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