Your Legal Rights After an Asbestos Exposure Diagnosis
Getting a diagnosis related to asbestos exposure, like mesothelioma or asbestosis, can be extremely distressful. In an instance, you and your family’s life will change and there will be lot of decisions to make. There will also be a lot of unanswered questions and uncertainty. Beyond the medical challenges, many individuals also face new financial burdens, and a lot of those issues are tied to legal concerns about the cause of the exposure.
If you or a loved one has been diagnosed with an illness that’s asbestos-related, it’s important that you understand your legal rights. You may be entitled to financial compensation from the business or entity who is found to be negligent with regard to exposing their workers or individuals to asbestos. That compensation can help cover medical bills, lost wages, and other expenses.
It will help to speak with an attorney who specializes in providing guidance for victims of asbestos exposure. Knowing your rights and how to take action can help you navigate this difficult situation.
Understanding Liability for Asbestos Exposure
Prior to the federal government’s moratorium in the early 1970s and its widespread ban by the Environmental Protection Agency (EPA) in 1989, asbestos was used widely in industries like construction, shipbuilding, and manufacturing before its dangers became fully recognized. Even then, many businesses kept using asbestos despite knowing the health risks, putting workers and consumers in harm’s way.
If you were exposed to asbestos on the job, at home, or through a product, you may have a legal claim against the responsible party.
Liability can fall on employers, product manufacturers, or property owners, depending on how the exposure occurred. Some of the companies that used asbestos in the past have since established trust funds to compensate victims of exposure, especially those in and near Illinois superfund sites.
In other cases, lawsuits may be filed against businesses that are still in operation, helping to hold these parties accountable for their actions and negligence while providing financial relief to those affected.
Filing a Personal Injury Claim
If you have been diagnosed with an asbestos-related illness, filing a personal injury claim may be an option to bolster your future security. These lawsuits seek compensation for medical costs, pain and suffering, and lost income.
Personal injury claims typically focus on proving that asbestos exposure was the direct cause of the illness and that negligence played a role. Evidence in these cases often includes employment records, medical reports, and expert testimony.
Because asbestos-related diseases have a long latency period (meaning they can take decades to develop), gathering records from past workplaces or military service may be necessary.
A lawyer with experience in asbestos litigation can help navigate this process and build a strong case.
Compensation from Asbestos Trust Funds
Many companies that used asbestos have since gone bankrupt, but as part of their bankruptcy proceedings, it was required that they establish trust funds to compensate future victims. These asbestos trust funds hold billions of dollars for those who develop illnesses due to exposure.
Filing a trust fund claim is different from filing a lawsuit. Each trust has specific guidelines, including medical requirements and proof of exposure.
The process can be complex, but an attorney can help you file your claim properly filed and that it’s maximized for fair compensation.
Wrongful Death Claims for Families
When a loved one passes away from an asbestos-related illness, their family may have the right to file a wrongful death claim. This is a lawsuit designed to compensate families for funeral expenses, lost financial support, and emotional suffering. Surviving spouses, children, or other dependents may be able to pursue this legal action on behalf of the deceased.
Wrongful death claims require showing that the illness resulted from asbestos exposure and that an employer was responsible for that exposure. These cases can provide much-needed financial security for families who are trying to deal with unexpected medical expenses and income that’s been lost due to a loved one’s passing.
Workers’ Compensation and VA Benefits
For those exposed to asbestos in the workplace, workers’ compensation benefits may be available.
These benefits can help cover medical costs and lost wages, but they often don’t provide as much compensation as a lawsuit or trust fund claim would. Unlike personal injury claims, workers’ compensation cases do not require proving negligence—only that the illness was work-related.
Veterans who were exposed to asbestos while in military service may also qualify for benefits through the Department of Veterans Affairs (VA). Many military personnel, particularly those in the Navy, were regularly exposed to asbestos in ships, barracks, and other structures. VA benefits can include disability compensation and medical treatment for asbestos-related conditions.
Statutes of Limitations for Asbestos Claims
Legal claims for asbestos exposure have to be filed within state-specific timeframes, known as statutes of limitations. These typically begin when a person is diagnosed with an asbestos-related illness.
Since mesothelioma and other conditions can take decades to develop, laws recognize that individuals may not have been aware of their exposure until much later. However, it’s important to act quickly once a diagnosis is made. Missing the deadline can prevent victims or qualified family members from seeking financial compensation.
Consulting an attorney as soon as possible ensures that the claim is filed within the appropriate time limits.
How a Lawyer Can Help
Navigating asbestos claims requires experience in personal injury law, trust fund procedures, and workplace regulations.
An attorney who specializes in asbestos exposure law can help you determine your best course of action, whether that involves filing a lawsuit, submitting a trust fund claim, or seeking workers’ compensation.
Your lawyer can also help gather evidence, including medical records and work history, to strengthen a claim. Because many asbestos cases involve large corporations and insurance companies, legal representation can make a significant difference in securing fair compensation.
It’s also important that you know what questions to ask a mesothelioma lawyer.
At Schweickert Ganassin Krzak Rundio, LLP, we understand that an asbestos-related diagnosis brings many challenges, but we also believe that knowing your legal rights can provide you and your family with an easier path toward justice and financial relief. Whether through a lawsuit, trust fund, or benefits program, you have options for holding responsible parties accountable.
Seeking legal guidance early can help ensure the best possible outcome while focusing on medical care and quality of life.
Our experienced asbestos-exposure attorneys are here to help.
