Sunday, July 25, 2010

The Basic Principles of Asbestos Law

1:26 am

While the overall issue is complex, the basic principles surrounding asbestos-related law are relatively straightforward.  Like other personal injury cases, the plaintiff is seeking damages or a settlement to compensate for illness or injury.  The defendant is seeking to avoid wrongful accusation, to maintain their reputation, and to avoid paying any more than absolutely necessary.Mesothelioma is a form of cancer that affects mesothelium, a system of membranes that line the lungs and other major organs.  This deadly disease has three types. Pleural mesothelioma involves the lungs. Pericardial mesothelioma involves the lining of the heart, and peritoneal mesothelioma involves the lining of the abdominal area.After much litigation and legislation, most responsible businesses have enacted training and safety precautions to protect their workers from exposure.  But there are still many incidents of negligence and neglect on the part of shortsighted employers.  When an employee contracts mesothelioma because of work related asbestos exposure, a lawsuit may be required to recover medical expenses and the loss of quality of life.The family affected by the disease will need to find an asbestos lawyer who practices in their state.  Many law firms specialize in this type of litigation.  The defendant may very well be a large company who has been sued before for this same issue, so the law firm needs to be well equipped to represent the client’s best interests.If the defendant is indeed a company that has used asbestos in their business on a regular basis, they may very well have to deal with dozens or even hundreds of such suits.  The defendant’s law firm will need to prepare a set of materials and procedures that could be used repeatedly, but adapted for each case.Each asbestos attorney represents the interests of their client.  The plaintiff’s attorneys try to get the greatest amount of cash possible to restore quality of life to their client.  The defendant’s attorney may try to avoid the lawsuit altogether by offering a settlement.  Otherwise the case goes to trial before a judge or jury.

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