If you ever worked around asbestos, there is a good chance that you may have contracted mesothelioma and are considering filing mesothelioma claims for injury compensation. In fact, it is suspected that even doing the laundry of someone who has worked with asbestos can be enough to contract the disease. It is a form of cancer that develops from the mesothelium—a protective natural lining that surrounds many of the internal organs. The latency period for this rare disease can be as long as 20 to 50 years. In addition, the prognosis for having contracted mesothelioma, is that most people die within 12 years of being diagnosed.
As a result of the connection between asbestos and mesothelioma, 60 countries, worldwide, have banned the use of asbestos. In the United States alone, 10,000 people die each year from asbestos related diseases. One out of every 125 American men over 50 who die, die as a result of asbestos, yet the EPA has not banned asbestos as a general rule.
In view of the known diseases and severe consequences of asbestos exposure related diseases, there has been a lot of controversy, internationally, with regards to the legal rights and wrongs associated with lawsuits for compensation. Since 1929, when the first lawsuits were filed, many more have followed. In 1982, James Cavett, a retired boiler maker filed suit and won $2.3 million compensatory damages and $1.5 million in punitive damages. By the early 1990s, over half of the 25 largest manufacturers of asbestos in the US had filed for bankruptcy.
One of the major stumbling blocks to filing a civil claim is the fact that it takes so long for the disease to be diagnosed. Most countries have strict time frames to prevent legal actions that are taken long after the reason for the lawsuit has passed. However, some countries, like Australia, have changed their laws concerning the limitations. There, the time frame to initiate a lawsuit starts at the time of the diagnosis instead of when the disease first began to take shape.
In an injurie’s case involving asbestos, there are two types of claims that can be filed. The first is personal injury filed by the person who has been diagnosed. The second is wrongful death claim, filed by a family member after the diseased person has died. Each state has its own particular rules for these filings.
Since 1984, most manufacturers, when faced with the threat of a lawsuit, have filed bankruptcy, thereby limiting their liability. As of 2010, those manufacturers that have not filed bankruptcy vehemently deny their culpability and remain unaffected by pending lawsuits. However, there are mesothelioma attorneys that specialize in mesothelioma claims. If you have been diagnosed with an asbestos related disease, you should immediately contact a mesothelioma attorney.