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The Importance of Knowing Your Rights When Exposed to Asbestos

April 17, 2012 | Comments: 0 | Views: 198

The first right you may have is to sue for damages. In order to file a lawsuit it is best to consult with an attorney that specializes in asbestos law. They will be able to advise you on everything that you need to know concerning the rights of you and your family. One point that needs to be made here is that you may have the right to sue for damages no matter whether your illness was caused by direct or indirect contact with asbestos. An example of direct contact would be someone whose occupation put them in direct contact with asbestos. An example of an indirect cause would be someone that contacted asbestos because the substance was present in their environment, such as an office you worked in or a school you attended.

Along with being able to sue the responsible party for damages you may also be eligible for benefits under workers compensation laws. You may also be eligible for Social Security disability benefits. As a worker, you paid into the system for this reason. For most people, Social Security deductions where the largest deductions from your paycheck. This has earned you the right to draw on these benefits if you are unable to work due to an illness caused by asbestos exposure in the workplace.

If you do file a lawsuit, it will be one of two types depending upon whether you are the actual victim or the survivor of someone who has died from an asbestos related condition. If you are the actual victim you will file a personal injury claim. Under this type of claim you can be reimbursed for lost income, medical costs, and pain and suffering. You could also be awarded punitive damages by a judge or jury. If you are the survivor of someone that has died due to asbestos exposure you will be filing a wrongful death lawsuit. You can be awarded the same type of damages as the above mentioned lawsuit.

Another thing that you need to know about your rights is the statute of limitations. This is a time limit that has been set in order to file a claim. If the time period expires then your right to file suit is forfeit. The statute of limitations vary greatly from one state to the next, and also depending on whether you are diagnosed with mesothelioma, malignant mesothelioma, or asbestosis. In some instances even if the statute of limitations has passed you may have the right to file a suit against any trust funds that have been set up to compensate victims.

When it comes to the rights you have after being diagnosed with a disease caused by asbestos exposure we have just hit on the highlights. If you have been diagnosed you need to research the internet for further information, and consult with a lawyer experienced in asbestos law.

Harry Hassami is the author and producers of The Mesothelioma Journal. The complete website information about the mesothelioma.

Source: EzineArticles
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