subject: How A Personal Injury Lawyer Can Help Your Asbestos Claim [print this page] Asbestos was a common production material historically and the actual physical damage resulting from the material use was not immediately known. Asbestos is the primary contaminate that causes mesothelioma, which is a lung cancer that affects the lining of the lungs and takes many years to develop. These cases can be difficult to prove in court and will require an experienced personal injury lawyer to present negligence cases involving mesothelioma.
EVIDENCE
Asbestos was so widely applied in manufacturing that preparing a negligence case can be difficult. Most manufacturers utilized poor safety measures because of unknown dangers of the material. The material was also used extensively in building materials and was present in many structures. This includes both public and private buildings. The problem is often accurate identification of legally negligent parties that can be brought to court. Multiple responsible parties can be claimed when applicable.
Medical evidence is essential and most medical records are admissible in court. It is a known medical and legal fact that asbestos is directly connected to mesothelioma. This establishes the fact that the disability is due to asbestos contamination and that the condition will become a developed case of mesothelioma if the contaminate is present but still in incubation. The incubation period for this rare type of cancer is normally around 20 years.
LOCATING NEGLIGENT RESPONDENTS
Former employers may have ceased business operations over the incubation period or reformed under a different corporate name. This can involve some serious investigation work for the personal injury attorney. This is no simple task and is best left to a personal injury professional who is experienced in pinpointing a potentially negligent party. This operation may be the most intensive work the attorney does in preparation of the case, as the causal medical information is already determined.
It is not essential that asbestos cases are based in employment and the negligent party does not need to be a former or present employer. Asbestos was used extensively for many products and was found present in many public buildings. Parties that used the material in construction can be held liable for damages also and sometimes can be easier to establish negligence.
Cases can include several responsible parties. Many asbestos abatement workers were employed by multiple abatement corporations during the course of the governmental subsidization period. Additionally, asbestos was used in many plants as insulation for industrial delivery systems and those employers can also be held liable.
LEGAL STANDING
Primary asbestos workers are not the only individuals that may have legal standing to file a legal personal injury claim. Spouses of workers have been established for potential risk of contamination by handling work garments after work even when decontamination protocol was used by the employers.
by: Peter Wendt
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