Asbestos Compensation Claims for Victims and Family

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Asbestos Claims: How They Help Victims and Their Families Seek Compensation

Once hailed as a miracle mineral for its versatility and durability, asbestos has become synonymous with a silent but deadly danger. Over the years, countless individuals have been exposed to this product in workplaces, construction sites, and residential buildings, leading to devastating health consequences. The link between asbestos exposure and life-threatening illnesses, such as mesothelioma, lung cancer, and asbestosis, has prompted a surge in legal actions known as asbestos claims.

Why is asbestos a severe problem?

Asbestos exposure is linked to a range of severe and often fatal health conditions. When asbestos fibres are inhaled or ingested, they become lodged in the lungs or other organs, causing diseases such as mesothelioma, lung cancer, asbestosis, and other respiratory problems. These conditions often have a long latency period, meaning symptoms might not appear until many years after exposure.

The mineral was widely used in various industries and construction materials for decades due to its heat resistance, durability, and insulating properties. Consequently, numerous buildings, ships, industrial facilities, and household products built before regulations were implemented may still contain asbestos, posing an ongoing risk to occupants.

Asbestos fibres can be released into the environment through natural processes like erosion or human activities such as dismantling and renovation of older structures. Contaminated waste improperly disposed of can pollute soil and water, creating health risks for nearby communities.

Before the dangers of asbestos became widely known, many people were unaware of its harmful effects. Even today, in some regions with inadequate regulations or enforcement, people might still be uninformed of the risks associated with asbestos exposure.

Some asbestos-related diseases develop slowly and progressively, leading to significant suffering and healthcare costs. The impact can extend beyond the individual to affect their families and communities emotionally, physically, and financially.

Despite growing awareness of its hazards, asbestos is not entirely banned in all countries. While many nations have enacted regulations to control its use and handling, there are still regions where the material is used legally or remains present in old structures and products.

Who is eligible for compensation

Eligibility can vary depending on the country, state, or jurisdiction in which the claim is filed. Generally, individuals diagnosed with mesothelioma, lung cancer, asbestosis, or other respiratory conditions may be entitled to compensation. This includes workers exposed to asbestos on the job and non-occupational exposures, such as family members with access to asbestos fibres brought home on work clothes.

In cases where the asbestos-exposed individual has passed away, their surviving family members might be eligible for compensation through wrongful death claims. It typically includes spouses, children, and sometimes other dependents.

In some instances, people who have not directly worked with the substance but were exposed to asbestos fibres due to proximity to job sites or products containing it may also be eligible for compensation.

Military veterans subjected to asbestos during their service, particularly in shipyards or other settings where this mineral was prevalent, can be eligible for settlement through veterans’ benefits or filing claims against manufacturers responsible for the contamination.

Individuals who have developed diseases due to living with or caring for someone directly exposed to asbestos can also ask for compensation.

How asbestos claims help victims and families

Asbestos claims are vital in assisting and supporting victims and their families. These legal actions serve as a means to seek justice for the physical, emotional, and financial hardships endured due to asbestos-related diseases.

Lawsuits can result in financial aid that helps cover medical expenses, treatments, and ongoing care. It also allows victims and families to hold negligent companies accountable for their actions.

Pursuing an asbestos claim can provide a sense of closure and emotional relief. By taking legal action and holding those responsible accountable, victims can find solace in knowing their suffering has been acknowledged and addressed.

The legal battle raises public awareness about the dangers of asbestos exposure. As more cases emerge, the public becomes better informed about the risks.

It’s crucial to consult with an experienced solicitor to determine eligibility based on specific circumstances and applicable laws. These legal professionals can assess the case, gather evidence, and guide victims and their families through the process of filing a claim against responsible parties or trust funds.

Additionally, statutes of limitations may apply, which means there is a limited window of time within which a claim must be filed after the diagnosis or death. Therefore, seeking legal advice promptly is essential to protect one’s rights and increase the chances of receiving rightful payment.

Author Bio:

Jan is a content writer at Hutcheon Law, specialist solicitor in personal injury and litigation. Hutcheon Law supports people with advice and compensation across multiple sectors, from medical negligence to consumer class actions.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Understanding Referral Fees for Class Action Lawsuits

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You see the advertisements all the time. A television commercial asking if you have been the victim of side effects related to a certain drug or medical device. Many attorneys advertise for class action lawsuits. So many that you may think there are countless lawsuits over the same thing.

Well, you’d be wrong. Although you may see many attorneys advertising, it is likely they are advertising for the exact same lawsuit.

So why so many commercials? Why would an attorney not handling a lawsuit advertise for another?

Referral fees, my friend. Referral fees.

Brief Overview of Class Actions:

Class actions are nothing new in the Untied States legal system. An easy way to understand them is to image a normal lawsuit, only with a whole lot of people suing the same person. Class actions are done when there are many victims and it is in the best interest of everyone (the plaintiffs, defendant, and court system) to combine things into one trial.

Class actions begin with a lawsuit, normally from a single victim. During the preliminary stages of the trial, it is found that there are likely many victims who may have a similar claim against the defendant. The judge will then be asked to combine them all into a “class” which means they all become plaintiffs and will receive part of any award or settlement that is reached.

While class action lawsuits are filed for many types of civil wrongs, the most common is for drug and medical devices,

Why Drug and Medical Device Lawsuits?

Many attorneys focus on drug lawsuits because they are the most common form of class action. Since many people wind up taking the same prescription or use the same medical device, there is a good chance that many people were harmed when something goes wrong.

You will find websites and advertisements everywhere that are set up to look for people who may be the victim of a drug injury. There are so many that you can obviously see there is no shortage of victims.

How Attorneys Get Paid:

For class action lawsuits, there is generally only one law firm handing the case. In the end, assuming there is a judgment, the firm will receive approximately 25 percent of the award. That amount is for the main law firm handing the case.

So what about the other attorneys who are advertising the lawsuit? Well, they get referral fees.

For class action lawsuits, it is important that the main law firm find victims, or members of the “class.” Attorneys advertising on television are basically doing that. They are not handling the litigation, only referring victims to the main attorneys.

In some states, referrals to recommend an attorney are not legal. However, this is bypassed as attorneys are not recommending a specific attorney to handle their case. They are referring victims who are already part of the class and would need to go to a specific attorney (the main law firm handing the case) for recovery anyways.

In essence, it is more of a finder’s fee than a referral fee.

The amount received for each referral will depend on a number of factors. Some pay by person, the quality of the referral (how much they were harmed), and the overall amount of the settlement or award. Fees can range anywhere from a few hundred to a few thousand dollars. Not bad for simply advertising and referring people.

Final Thoughts:

The purpose of this piece is to let you know that you don’t really need to go through countless attorneys if there is a class action you are affected by. You don’t need to vet each one as there is likely an attorney already assigned as the main litigant. Any attorney you reply to will likely only refer you to them.

Of course, you should still do your own research to make sure you chose the right attorney for your case. You can find an attorney to evaluate your case by searching our database.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.