Asbestosis And The Legal Implications

by : Lucy Bartlett

A chronic medical condition, which affects the tissue of the lungs, is known as asbestosis. Mine workers and several other professionals suffers from this disease, which occurs due to heavy exposure to asbestos over a long period. Shortness of breath is the most common complaint from those affected by asbestosis and ultimately they end with various types of cancer of the lung.

During the early part of this century, the link between cancer, exposure to asbestos and asbestosis was established and the governments enforced strict safety measures. In 1929, asbestos manufacturers faced the first lawsuit. Afterwards there was a deluge of lawsuits against employers and manufacturing for neglecting the safety regulations.

According to various allegations, training and information regarding detection, removal, diseases, dangers and other issues connected with asbestos are not provided to managers and employers. To implement the wide range of regulations properly, managers and employers are pleading for relevant information and training.

From the sheer magnitude of lawsuits and complaints by people suffering from asbestosis, the liability reached billions of dollars. Many court cases fought over the issue of method and amount of compensation and their allocation. In June 1982, James Cavett, a retired boilermaker was awarded a record compensation of 2.3 million US dollars as compensation and 1.5 million US dollars as punitive damages.

In the history of the United States, one of the most expensive and longest mass torts is asbestos litigation. Currently there are 600000 claimants and 6000 defendants connected with asbestos litigation. According to the current trends, there will be a sizeable increase in the number of people being diagnosed with asbestosis during the next decade.

There was a heavy toll on industry and insurance due to the litigation connected with asbestosis and asbestos. Unfortunately, to obtain a just compensation against the employers and manufacturers of asbestos, litigation is the only recourse.

By employing a lawyer experienced in mesothelioma and asbestosis, substantial compensation can be obtained by individuals exposed to asbestos and subsequently suffering from asbestos related diseases.

In the United States, mesothelioma is known to be caused only by exposure to asbestos and by proving the exposure, which subsequently led to the disease, legal compensation can be easily won. At the same time, it should be noted that the asbestos industry fights these cases by engaging some of the best legal brain available. They not only try to deny compensation but also drag and delay the process of justice to the asbestosis victims.