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Legal challenges of asbestos cases

On Behalf of | Jan 26, 2016 | Workplace Illness |

People who worked in the construction or transportation and those who served in the U.S. military many years ago are among those who are disproportionately at risk of being diagnosed with an illness related to asbestos exposure.

Asbestos was commonly found in products and buildings for decades thanks to the fact that it is a heat-resistant, inexpensive material. However, inhaling asbestos fibers can be deadly; there are studies linking asbestos exposure to devastating illnesses like mesothelioma. In most case, being exposed to this type of toxic substance on the job would be and should be grounds for legal action. Unfortunately, there are some unique factors at play in asbestos-related claims that can make these cases more challenging.

Three such factors include:

  • Duration: Legal claims, particularly those that end up going to trial, can take much longer to resolve than people expect or want. This can be devastating, as person with mesothelioma may not live long enough to see the end of the case. This can make it difficult for loved ones to continue the case.
  • Exposure period: Asbestos-related illnesses can take more than 20 or 30 years to start showing symptoms and a diagnosis often comes several decades after exposure. Tracing back where and when you may have been exposed to asbestos can be a significant challenge without knowing what to look for.
  • Proving negligence: Because exposure often happened many years ago, the employers who may have failed to properly protect workers may no longer be in business. Records may not be easily available and people’s memories can be fuzzy about what did or did not happen on the job many years ago.

As intimidating as these obstacles can seem, having an attorney experienced in workplace illness by your side can help you get over or avoid them to seek the compensation and accountability you deserve. The lawyers at our firm are available to discuss your options for taking legal action in light of a serious workplace illness. For information on us and how to contact us, please visit our website.



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