Thursday, October 16, 2008

Asbestos Cancer: Asbestos Cancer and Mesothelioma Law Settlement

Asbestos Cancer

Asbestos is a material popularly used for fireproofing and insulation in domestic and industrial places. However, many have changed their mind these days about using asbestos since it causes certain cancers including asbestosis and mesothelioma.

This happens when a certain amount of asbestos fiber is inhaled which builds up overtime depending on the degree of exposure. Asbestos fiber, which often comes from dilapidated things that contain asbestos materials, does not leave the body of the victim and therefore, a cure has been discovered. However, the development of the diseases needs a long time, even taking decades before any symptoms occur. This is why many asbestos, mesothelioma, and personal injury law suits relating to asbestos are filed only after 20 years or so. Normally, jobs such as mining, working or living in rather old buildings, shipyards, construction sites and other industrial settings expose workers to high doses of asbestos.

Anyone with good grounds of filing an asbestos or mesothelioma law suit, is entitled to bring their case to justice. But this does not imply that everyone will win their case. In fact, the majority of mesothelioma and asbestos law suits end up in settlements.

What exactly is an asbestos or mesothelioma settlement?

Basically, settlement is a process by which the actual trial is cut off to give way to what the two parties have decided without the law interfering. This entitles the victim or victims to receive the compensation, depending on the agreement consented by the parties involved. This will help the victim to recover from any damages, loss or injuries incurred in relation to the effects of exposure to asbestos.

The federal government has issued certain restrictions as to the amount and use of asbestos in a workplace. The OSHA has also outlined that 0.1 fibers per cubic centimeter asbestos during a span of eight working hours is the maximum level of exposure while there should only be 1 fiber per cubic centimeter every thirty minutes. This of course will eliminate the possibility of developing any sortsof cancer and diseases related to asbestos exposure. As we have mentioned a while back, there should be a certain degree of exposure to be met before one gets the risk of cancer. There are also a number of protective measures that must be practiced in order to assure the good working condition in an environment with possible asbestos exposure.

If the criteria were not met or there are certain details that were willfully overlooked, it is possible that one could have a good case against the authorities concerned. But again, many of the cases filed in the court do not even reach the actual trial. Some parties decide at the very early stages of filing the case to agree on settlement. This will be very convenient for both parties considering that the settlement will only be settled once the defendant/s and the prosecution arrive at a single contract.

To make the settlement work, the victim must file a case through a qualified asbestos attorney. The latter knows the rules well and will help a great deal in maximizing the interest of the victim or victims to obtain a higher chance of increasing a fair settlement.

During the settlement, the victim must prove and convince the other party that he or she will win. If not, then the other party won't have any interest and may even settle for a long trial where he is sure to win. Nonetheless, personal injury attorneys know other techniques that will make the most out of the case, regardless if he stands by the defendant's or victim's side.

Also, it must be proven that the defendant showed enough negligence that lead to unwanted circumstances, such as that of asbestosis or mesothelioma and sometimes even death. Further, damages caused by the asbestos-related incidences must be calculated and thus be compensated by the amount of the settlement.

The compensation a victim will receive varies depending on many factors including the laws in the state where the case was filed, the losses which may have direct or indirect relation to asbestos exposure, the types of injuries, the people responsible, the party's credibility, the value of the verdict, the manner by which the case was presented, the status of the attorneys and many others. The amount varies anywhere from several thousand dollars to several million. The latter happens more frequently with group cases where there are lots of victims involved.

If you want to file your case related to asbestos, it is best that you consult a professional first and seek legal advice; he would give you better perspectives on the case and will help you arrive with a fair settlement.

0 comments: