Saturday, April 7, 2012

Asbestos Settlement - A Pertinent Issue - Other

Asbestos settlement facilitates the victim of an asbestos related disease to recover compensation for his lost income, lost earning capacity, medical expenses and other psychological sufferings. Asbestos is a group of naturally occurring minerals. Its use was at peak in the year 1890 to 1970 in building and insulation materials fireproofing, cement, pipe covering, refractory materials, gaskets and floor tiles.

Inhalation or ingestion of suspended particles of asbestos in the air can cause many asbestos related diseases including mesothelioma cancer. Asbestos settlement allows the victims of asbestos diseases to recover compensation from the owners of the companies that are responsible for the exposure to asbestos particles.

Legal Limits of Asbestos Exposure in a Work PlaceThe government regulations place a limit on the amount of asbestos exposure. It says that permissible limit for the exposure of asbestos that a worker can be exposed to in a work place is 0.1 fibers per cubic centimeter during an eight-hour workday. In any thirty minutes time- period, it should be less then 1.0 fiber per cubic centimeter. Many other health protection measures are also mandatory.

Asbestos settlement process puts the onus of compensating the victim of asbestos related diseases on the employer. If the organization fails to meet the statutory regulations and consequently if any of its workmen develop asbestos related diseases they are bound to pay asbestos settlement money as compensation to the victim.

Hire a Qualified Asbestos Attorney

If you are a victim of asbestos related disease and seeking an asbestos settlement, you should consult a qualified asbestos attorney. File the asbestos lawsuit within the stipulated time limit as per statutes of limitations. Victim has to prove mainly following points during an asbestos settlement case:

1. Asbestos exposure is the cause of the developed asbestos related disease.

2. Negligence of defendant was responsible for the exposure to asbestos that in turn was responsible for the asbestos related disease.

3. Damages caused by the asbestos related disease such as lost income, lost earning capacity, medical expenses and other psychological and physical sufferings.

Here a qualified asbestos attorney can prove to be of great help. How skillfully the attorney proves the aforementioned points, determines the amount of compensation in an asbestos settlement case. Sometimes the defendant's insurance agency may also negotiate the asbestos settlement.


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