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Asbestos is a mineral used in construction materials, equipment and consumer products for its fire-resistant and strengthening properties. When asbestos is released into the air, it can be breathed into the body and lodge dangerously in the lungs, where it can lurk for decades before producing severe, even fatal, diseases, such as mesothelioma.
Workers, consumers, and bystanders exposed to airborne asbestos who have developed these often life-threatening illnesses should contact a skilled and experienced asbestos attorney at our firm as soon as possible to discuss how to protect their legal interests.
Potential Legal Theories
There are several potential legal theories under which asbestos victims may be able to recover compensation for injuries caused by exposure to asbestos. The laws governing asbestos litigation vary widely from jurisdiction to jurisdiction, making it imperative to consult an attorney about the available remedies under the laws of your state. Common theories used include product liability, workers' compensation, and premises liability.
Complications
Several aspects of asbestos injury bring particular complication and difficulty to asbestos litigation (again, how this affects particular claims varies by jurisdiction):
- Evidence may be difficult to collect and verify because the asbestos exposure usually occurs years before the injury is apparent, complicating the process of locating witnesses, identifying potential defendants, and collecting physical evidence and records.
- Plaintiffs are often of advanced age or extremely ill.
- Asbestos cases are expensive because the evidence is scientifically complex.
- There are difficult issues of statutes of limitation and statutes of repose - legal deadlines by which plaintiffs must bring suit for particular types of injuries.
- It can be difficult to identify responsible parties, such as who actually manufactured the injury-producing asbestos or asbestos-containing product.
- In some jurisdictions, legal issues surround whether other causes contributed to the injury, such as multiple, different exposures.
- Experienced and hard working asbestos attorneys should be able to assist clients with the above questions.
- Some of the defendants in these cases are bankrupt, which in some cases has left inadequate resources available to compensate the victims for their injuries.
Contact an Attorney
If you think you were exposed to airborne asbestos and have developed an asbestos-related disease, contact a knowledgeable asbestos lawyer at Cooney & Conway as soon as possible to protect your legal rights.
