Wrongful Death Asbestos Claims -
Wrongful Death Asbestos
Frequently Asked Questions - Asbestos Litigation
- How are wrongful death asbestos claims filed?
- What should I look for in an asbestos law firm?
- What does the future have in store for asbestos litigation?
- Are there any asbestos litigation reforms on the horizon?
- What should I know about asbestos exposure and insulation?
- If my building contains asbestos insulation, should I have it removed?
9. How are wrongful death asbestos claims filed?
Wrongful death asbestos claims involve individuals whose death resulted from an asbestos-related disease. Targeting all liable sources for a claimant's asbestos exposure, wrongful death asbestos claims are filed by the executor of estate. Wrongful death asbestos claims have a statutory deadline, meaning that the executor of estate must file asbestos lawsuits shortly after the claimant's death.
10. What should I look for in an asbestos law firm?
The most important things to look for in an asbestos law firm (or mesothelioma law firm if regarding mesothelioma claims) are experience and a successful asbestos litigation record. A surge in asbestos litigation over the last five years has caused a surge in the number of asbestos law firms catering to the demand. Selection of an asbestos law firm depends on a variety of other factors too, including type of asbestos injury, location and the amount of money available for legal representation.
11. What does the future have in store for asbestos litigation?
Asbestos was regulated in 1970 to limit further asbestos exposure and to prevent future asbestos-related diseases from developing. Asbestos litigation is expected to slow down in conjunction with decreasing exposure.
Government legislation aimed at reforming asbestos litigation will continue to be introduced in Congress with the hope of limiting the number of defendant corporations declaring bankruptcy because of their asbestos exposure liabilities. Many believe that the increasing number of liable companies declaring bankruptcy could have a negative effect on the economy. From 1970 to 2002, 37 companies with significant liabilities related to asbestos exposure declared bankruptcy. From 2000 to mid-2004, 36 companies declared bankruptcy after verdicts affirmed their liability for asbestos exposure.
12. Are there any asbestos litigation reforms on the horizon?
Concerns exist about the economic fallout related to the increasing number of defendant corporations being bankrupted because of their liability for asbestos exposure; concerns have also been raised about such corporations' ability to compensate future claimants. Looking to ease these concerns, Congress has been considering alternative asbestos litigation strategies.
Initially, Congress sought to restructure the medical criteria used to determine an individual's eligibility for compensation. This proposal would have prevented people who are not functionally impaired and do not have asbestos-related cancer from filing an asbestos lawsuit. This proposal was not accepted.
Recently, Congress has attempted to replace asbestos litigation with the Fairness in Asbestos Injury Resolution Act (2005), legislation that would establish a $140 billion trust fund that would compensate people with asbestos injuries. The trust would be funded by defendant corporations and insurance companies. This reform is currently under consideration.
13. What should I know about asbestos exposure and insulation?
Asbestos was commonly used for insulating buildings. Although asbestos regulation has limited the commercial use of asbestos, a large percentage of buildings throughout the country remain insulated by asbestos. The Environmental Protection Agency (EPA) advises people to assume that all insulation contains asbestos unless otherwise notified. Consult our mesothelioma information resource to learn more about the health hazards associated with exposure to asbestos insulation.
14. If my building contains asbestos insulation, should I have it removed?
Asbestos sealed within insulation poses no health risk. But if the asbestos becomes exposed, then a professional will need to repair or remove it. Repairing the exposure by re-sealing it is less expensive and safer than removal. The removal of asbestos insulation introduces large volumes of asbestos fibers into the surrounding air, creating a greater health hazard. Removal is done only when absolutely necessary, such as when it is mandated by state or local regulations.