When an asbestos-related news item appears, which reports on a final resolution being made in a long running mesothelioma compensation case, often involving more than one appeal and a previous judgement to be overturned, it will likely be as a result of the considerable background work carried out by a highly experienced and specialist asbestosis lawyer responsible for winning the day.
In many instances, the rapidly deteriorating health of the mesothelioma victim may unfortunately, mean less than one year may be left to live since diagnosis confirmation, and the judicial process will have to be continued by a spouse or member of family working with their asbestosis lawyer.
The long period that elapses of up to 50 years from first sustained exposure to asbestos – predominantly in the workplace but also in public sector buildings such as schools – and the appearance of asbestosis symptoms, may often cause difficulties in tracing original employers, insurers and/or other culpable parties.
There will be an attempt to settle the case on behalf of a client without going to trial, and preparations will include drafting pre-trial briefs, notifying hearing witnesses and assembling a considerable case file of support documentation. Essential requirements include not only the victim’s medical history but a full employment history, detailing employment duration and asbestos exposure frequency. This is critically important to determine which employer is likely to be liable.
In addition, former company employees exposed to asbestos are not the only individuals who can make an asbestosis claim as spouses or other immediate family members who also contracted an asbestos-related disease as a result of ‘secondary exposure’ are entitled to seek redress. It is well documented that breathing in the asbestos fibres present in dust on work clothes worn in asbestos manufacturing industries or even present in the hair, can be a cause of an asbestos-related disease. Once again, the long latency periods lasting several decades can be a decisive challenge to finally obtaining compensation.
Succeeding in obtaining justice and compensation in a proceedings can be a long process requiring many different and minute factors to be carefully analysed to determine exact cause and liability. Asbestosis lawyers will attempt to recover financial damages as a consequence of exposure and contracting an asbestos related disease, which can include cost of medical bills, travel expenses relating to medical treatments, expenses not covered by health insurance, group or family support, other types of fees and funeral expenses.