Asbestos Lawsuit Settlement » Asbestos Settlement

Asbestosis, Mesothelioma and the Law

admin — Tue, 25 Jan 2011 04:32:32 +0000

Court Decisions that Protect and Compensate Asbestos Workers

Asbestos is a dangerous substance that causes the debilitating disease of asbestosis, and the fatal cancer, mesothelioma. Asbestos workers are exposed to scarring asbestos fibers in excessive amounts on a daily basis. Employers who ignore the dangers won’t be ignored by the courts.

Asbestosis and mesothelioma affects asbestos workers around the world. National and international lawyers and judges are making room on their desks for voluminous stacks of medical records that are entered as evidence in mass litigation proceedings for asbestos workers who were unaware, and unprotected, from the dangers of inconspicuous deadly asbestos fibers. Employers have the responsibility to protect the safety and health of the employees, and in today’s modern societies, it is legally mandatory for employers to protect their employees from danger. Company fines and business closures can result for those companies that put profit over people, and so can litigation resulting in millions of dollars of compensation paid to injured workers.

Asbestos workers have joined together to set precedent court decisions in asbestos cases that will facilitate faster trial decisions and undermine confusion in the interpretations of the occupational laws.

Many workers, however, do not receive just compensation. Lack of medical records, multiple possible causes of lung disease, unawareness of the right to legal compensation, or the lack of legal representation, prevents many asbestos workers from receiving their just compensation for asbestosis or mesothelioma.

Although workers compensation cases have been recognized in the courts since the 1920s, the first US trial against an asbestos product wasn’t held until 1966 by plaintiff Claude Tomplait. The case lasted three years, and the decision was made on behalf of the defendant. In 1969, Claude’s lawyer then represented Clarence Borel, a co-worker of Claude’s, against the same defendant. This case lasted four years, and in 1973, a historical landmark decision was made on behalf of the plaintiff, Clarence Borel (Borel v. Fibreboard Paper Prods. Corp., 493 F.2d 1076 (5th Cir. 1973). It was officially deemed that not only must manufacturers must warn consumers of danger, but they are responsible for staying informed with regard to scientific discoveries that have an impact on their products. If a manufacturer fails to do so, they will be liable for physical harm. Since 1973, there have been well over 100,000 asbestos cases filed in US courts. Asbestos cases are currently the longest mass tort in US Court history. In 1982, court opinion in Beshada (Beshada v. Johns-Manville Products Corp., 442 A.2d 539 (N.J. 1982)), humanely stated, “the burden of illness…should fall on those who profit from its production…”, throwing out a “state of business practices at the time” defense that defendant asbestos companies were praying upon for relief.

Around the world, the deadly consequences of working with asbestos is gaining increased recognition, and asbestos workers are gaining increased support in their court bids for compensation of asbestosis and mesothelioma. In 1989, Australia established the Dust Diseases Tribunal for asbestos cases, and in 1991, Australia banned asbestos. In 2005, the European Union followed with their own ban on asbestos. In the UK, a compensation fund for asbestos workers diagnosed with mesothelioma has been established within the Department of Societal Development. This fund disperses payment to mesothelioma patients within a week of the diagnosis of mesothelioma and reduces the risk of a mesothelioma patient dying before receiving a settlement (which frequently happens with lengthy civil trials).

Asbestosis and mesothelioma patients suffering from incurable and fatally progressive diseases due to employer negligence and manufacturer’s disregard for danger are due compensation for their pain, and employers are beginning to pay. Sadly, employers have to pay with their bank accounts, but asbestos workers have to pay with their life.

Lina Smith
http://www.articlesbase.com/health-articles/asbestosis-mesothelioma-and-the-law-695109.html

HSE Launches New Asbestos Campaign to Reduce Claims

admin — Fri, 07 Jan 2011 17:50:26 +0000

Asbestos poisoning is a very serious issue, more serious than many people realise. Asbestosis is responsible for more work related deaths in the UK than any other type of work related accident or disease. It is said that six joiners die every week from asbestos poisoning. If you have been diagnosed with asbestosis within the last three years, you may be able to make an asbestos claim and sue the company that you were working for. In fact nowadays more and more people are making claims for asbestosis than ever before. In 1991 there were over 700 claims where asbestos was cited as the primary cause of illness. By 2004 that number had risen to over 1800 claims as more and more people discover they have asbestosis.

The seriousness of asbestos poisoning is also demonstrated by the Health and Safety Executive (HSE) launching their ‘Asbestos – the hidden killer’ campaign. This campaign, which is aimed at tradesmen who may be at risk, is to raise awareness of the dangers of asbestosis and ultimately save lives. There are safety procedures that can be followed in order to help reduce risks and this campaign also seeks to educate people in these methods. This campaign, which is now being rolled out nationally, was trialled in the North West and proved highly successful. It is hoped that this success can be repeated across the UK.

The campaign comprises of various advertising and public relations elements in order to target as many tradesmen and businesses as possible. There will be adverts on major radio stations and in the national press. Adverts will also appear in trade magazines in order to appeal directly to their target audience. Campaign materials, such as posters and fliers, will also be sent out to plumbers, electricians, joiners and other tradesmen. A number of case studies are also being developed at a national level which will then be used to help inform those that need to be aware of the risks of working with or in the vicinity of asbestos.

If you have been diagnosed with asbestosis, or mesothelioma, and wish to make an asbestos claim, there are certain things that you should know and do. The first thing that you need to do is approach a specialist claims company who have experience in asbestos claims. It is best to make sure that the company you approach is a member of the Association of Personal Injury Lawyers (APIL). A company that specialises in such claims will have experience and knowledge of previous asbestos claims that have made it to court.

Many companies will be able to manage your asbestos claim at no cost to yourself. Any fees that they charge will be recovered from the party that is at fault. The compensation that you receive from such a claim will vary according to the severity of your condition and depending on the circumstances surrounding your claim. Typical settlement amounts can be quite large however; many are upward of £100,000. Most companies will also ensure that you receive 100% of the compensation amount that you claim for.

Nick Jervis

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Missouri Mesothelioma Lawyers?

admin — Wed, 29 Dec 2010 05:15:23 +0000

I was wondering if anyone knew how to find a good mesothelioma lawyer in Missouri? I understand that asbestos litigation isn’t a slam dunk and depending on who your lawyer is you might either receive no settlement or millions in settlements.

Sorry I had to repost this question, I went on vacation and when I got back the question was deleted. I guess you have to pick a best answer within a few days or it gets deleted.

Sorry, no.

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Does pretty much everyone agree about the 9/11 responders?

admin — Wed, 22 Dec 2010 12:26:09 +0000

The topic of who did it how they did it — why – for what reasons or motivations can be put aside

A bunch of people —- mostly if not entirely strangers who never met — went running in to rescue from the debris another group of stangers

No nationalism just a response to humans by humans done by many instantly when needed to help

These people who were right there and jumped in should get health care — a settlement if warranted compensation where loss occurred and so on — Deal with it give it to them and move on

The people of New York the closest and in the middle ran in first — others came from across the US after ALL parts — the closer people were the faster they got there but it was every State

– they came from all Provinces in Canada — fire men police ambulances and just plain people volunteered to help and went

I don’t know any of their stories Gander international for the continent of North America

I hope if they got sick from breathing in asbestos or just cement dust we took care of them because frankly they would be our responsibility not yours –

- I hope we did not just because they are our citizens but why they were doing it — Just instant "something has to be done" and I want to help should never be punished in any way ever

As I said — don’t know any of their stories never hits the news that I am aware of — The media moved on from the topic after the event

It seems to me helping out those first responders with just the basic stuff they need as a result of injury or disease or loss is common sense —

getting it done as fast as possible and not delaying it or using the bureaucracy to drag it along in an insurance hopeful strategy of maybe they will die before it gets to court and half the settlement payouts instantly by doing so —It would be cruel to impose corporate strategic thinking in terms of limiting economic liability by gambling on the life span of an untreated person making a claim by out waiting them as a negotiating and positioning tactic

Seems wrong — it happens to lots of groups and individuals involved in claims and settlements with large or government civil suits -Drag it out maybe it will go away -

It often appears wrong — but somehow even more so than usual in this case — abusive counter to societies health — wrong message — wrongfully punitive and heavy handed

Does pretty much everyone agree about the 9/11 responders ?

Sadly not everyone agrees…but I do.

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Can Medicaid take money from a lawsuit for a deceased relative?

admin — Fri, 19 Nov 2010 19:50:05 +0000

My grandfather as a younger man spent much of his life working in auto shops. unfortunately he was introduced to great amounts of asbestos. This led to his eventual passing. he spent the final years of his life in a nursing home which was covered by Medicaid. Now there is a lawsuit relating back to the asbestos and Medicaid feels that they are entitled to the majority of that money. How could they possibly do that? is there anyway to stop them? please help, we tended to his aid for years without Medicaid’s help. I feel as though my family should be the recipients of any settlement.

If there was no estate recovery process for Medicaid, Medicaid programs would go bankrupt. Nursing home care costs, at a minimum, at least $7,000 per month. If your grandfather was in a nursing home for 2 years, that’s $168,000+ that the good taxpayers of your state paid for his care. Do you not think that they should get at least a portion of that back? When you consider how many people in nursing homes are on Medicaid this quickly becomes a VERY expensive consideration.

You might feel entitled to your grandfather’s money, but unfortunately what you feel entitled to is not what the law entitles you to. The state paid a lot of money for your grandfather’s care, the state is going to try and recover some of that cost. This was explained to your grandfather and other family members when he applied for his Medicaid grant.

ADD: Please don’t think I’m trying to be insensitive or minimize the costs your family bore. It’s just that, rightly or wrongly, we’ve decided to run healthcare as a business in this country. I see family members all the time who are unpleasantly surprised to learn about the Medicaid estate recovery process when they go to sell a loved one’s home after they die.

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has anyone seen this?

admin — Thu, 23 Sep 2010 09:29:47 +0000

what has Obama done?

I love this question…. here’s a start:

Education:

* 1983 Foreign Policy Degree from Columbia,
* 1991 Law Degree from Harvard, graduated magna cum laude from Harvard, and he served as the President of the Harvard Law Review, one of the most prestigious student positions in the world.

Community Organizer, 1985

He sought to improve living conditions in poor neighborhoods plagued with crime and high unemployment

* Moved the Chicago Housing Authority to remove asbestos in housing
* Established a job-training center
* Worked in the streets on voter registration to help elect President Clinton
* Registered 150,000 people to vote

Civil Rights Lawyer

Miner, Barnhill & Galland: litigated employment discrimination, housing discrimination, and voting rights cases.

* Protecting voters: seccessfully sued state of Illinois for failing to implement a federal voter-registration law.

* Successfully defended a whistleblower who lost her job, for a $5 million settlement

Constitutional Law professor/lecturer at the University of Chicago

Illinois State Senate 1996 – 2004

* Welfare legislation

* Created the Earned Income Tax Credit program that gave over $100 million in tax cuts for families throughout Illinois over 3 years.

* Expanded early childhood education

* Enlisted the support of law enforcement officials to draft legislation requiring the videotaping of interrogations and confessions in all capital cases.

* He passed a law to monitor racial profiling by requiring police to record the race of drivers they stopped. The law was at first very controversial, but due to Obama’s skills as a negotiator and bipartisanships, he won the support of the police. During his 2004 general election campaign for U.S. Senate, he won the endorsement of the Illinois Fraternal Order of Police, whose president credited Obama for his active engagement with police organizations in enacting death penalty reforms.

* Pass the toughest campaign finance law in Illinois history. The legislation banned the personal use of campaign money by Illinois legislators and banned most gifts from lobbyists. Worked with U.S. Sen. Paul Simon (D-IL), 1988. Before the law was passed, one organization ranked Illinois worst among 50 states for its campaign finance regulations.

* Created a working, affordable health care plan in Illinois, that covers 70,000 kids and 84,000 adults, where all kids qualify for $40 per child. Obama sponsored and passed this legislation, working with Rod R. Blagojevich(IL Gov.) See All Kids http://www.allkids.com/ . It is a model for a workable, affordable national health care.

Honors:

* Outstanding Legislator Award
* Campaign for Better Health Care and Illinois Primary Health Care Association, 1998
* Best Freshman Legislator Award
* Independent Voters of Illinois, 1997
* Monarch Award for Outstanding Public Service, 1994
* “40 Under 40” Award, Crain’s Chicago Business, 1993.
* Grammy Award in 2006 for Best Spoken Word Recording for the audio version of his book, Dreams from My Father.

US Senate, 2004 – present

He is a member of several Senate Committees:

* Committee on Foreign Relations, that plays a vital role in shaping US policy around the world.
* Committee on Homeland Security and Governmental Affairs Committee that addresses, among other things, issues of immigration and our borders.
* Committee on Health, Education, Labor and Pensions: oversees our nation’s health care, schools, employment, and retirement programs
* Committee on Veterans’ Affairs: focused on providing our brave veterans with the care and services they deserve.
* 2005-2006: Environment and Public Works Committee, which safeguards our environment and provides funding for our highways

The Numbers

Obama sponsored 152 bills and resolutions brought before the 109th Congress in 2005 and 2006, and cosponsored another 427.

Legislation Passed in US Senate

* Lugar-Obama Act to decrease nuclear and conventional weapons proliferation around the world.

* Coburn-Obama Transparency Act transparency in federal spending, found at httP://www.usaspending.gov

* Cosponsored the Healthy Kids Act of 2007 and the State Children’s Health Insurance Program (SCHIP) Reauthorization Act of 2007 to ensure that more American children have affordable health care coverage.

* Obama worked to pass a number of laws in Illinois and Washington to improve the health of women. His accomplishments include creating a task force on cervical cancer, providing greater access to breast and cervical cancer screenings, and helping improve prenatal and premature birth services.

* As a member of the U.S. Senate Committee on Veterans’ Affairs, Obama passed legislation to improve care and slash red tape for our wounded warriors recovering at places like Walter Reed. He passed laws to help homeless veterans and offered an innovative solution to prevent at-risk veterans from falling into home
I think that the people that have no substance, to my question and statement, are clearly racist.

http://factcheck.org/elections-2008/mccain-palin_distorts_our_finding.html

this one is about your barefooted moose sipping princess, that obviously don’t know JACK about foreign affairs, or the bush doctrine. Keep sipping moose kool aid

OK you convinced me, I’ll vote for Obama.

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I have a question about trust funds?

admin — Mon, 20 Sep 2010 13:03:22 +0000

Here is the story…

My father was exposed to Asbestos back in the 60-70’s by a company that he worked.there was a lawsuit and he was awarded a settlement.The company filed for Bankruptcy in 1990.Any way my father died in 2007 from a form of Lung Cancer.

So fast foward to today .My older sister called and told me that she had checks for my sisters and I from the settlement.Im 26 my middle sister is 30 and my older sister is 33.The sister in charge of the trust is older,So altogether there are 4 of us.My question is would a judge put her in charge of a trust for adults? Or does someone else other than us have to be in charge of the checks.She also said that the settlement company left out my 33 year old sister and that we would have to split our checks with her.I dont have a problem doing this but something seems fishy

thanks for answering

Who told you about the trust beside your sister? All of you need to consult an attorney to clarify the order of the trust. Your father may have had a reason for making the sister the executor but you need to see this in writing. That wouldn’t be hard to read. Also is there some reason your father would have left out a sister? You are to be commended for agreeing to be generous to her. I think all of you need to sit with an attorney who in one hour should give you a legal explanation as to how it is set up. But careful not to let an attorney use up your trust with legal fees. Ask someone you trust to recommend an attorney and get an understanding about his/her fee up front.

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storm damage cash settlement ?

admin — Sat, 18 Sep 2010 00:43:59 +0000

the storms we had in january blew a corner section off my single storey kitchen asbestos roof.it is now april and it is still not been repaired. my policy says this ( where the insurers have offered repair or replacement but you prefur a cash settlement the insurers will pay you an amount equal to the amount which would have been paid by the insurers had the article been repaired or replaced ) the builder quoted £4,500 to do the
work, does the policy mean if i do the work myself my insurerer will pay me that amount. the loss adjusters acting for my i/c say they won,t pay me that amount. can anyone tell me who is right.
thanks in advance.
let me explain this a bit more storms blew part of my roof off, insurence could not send their builder for 2 weeks as they were busy during the 2 weeks rain came in my ceiling fell down my walls bubbled water gor in my light switch, my laminate floor was ruined my t & g floof in bathroom on same level was ruined. builder came put tarpaulin on & they estimated £4,500 for all the work.
i,m in the building trade so i can do the work myself. L/a want me to pay £450 + £ 330 vat towards new roof 5 sheets of asbestos i can renew the roof myself for that amount.the builder quoted £4,500 my insurence told me they are happy with that. quote in i mailed L/a several times saying i got asbestos particles floating in the house from roof. trading standards have been in touch with L/a stil they won,t send someone to sort it.
as for gettig rid of asbestos sheeting my local council will pick it up to dispose of them if i can store it in my garage.

No they won’t pay directly to you. You have to get clever on them. Get your three quotes and then do dummy invoices and have them sent to the loss adjuster and they will send cheque to you payable to the contractor or builder. Been through this with them a couple of years ago and this was the only way to get hands on cash. In the long run you would be better getting the job done profesionally as the removal of asbestos roof now requires speciel regulations plus many building firms will wait for the insurance payout. Saves you doing the work even if you are a builder.

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I need some Pronoun help!?

admin — Sun, 29 Aug 2010 10:57:59 +0000

Correct any problems with pronoun case. Be careful, though; some pronouns are used correctly. (You will not need to change any wording.)

1. At this college, neither the president nor the dean automatically assumes that, on every issue, the faculty is better informed than us students.

2. Between you and I, each of the dorms should have their security systems replaced.

3. The theater critic, whom slipped into her seat right before the curtain went up, gave him and the other actors favorable reviews.

4. All job applicants must call for an appointment, so that the personnel office can interview you.

5. The committee passed their resolution that each of the apartments was to be free of asbestos before occupancy.

6. The instructor reminded everyone in class to pick up their term papers before they left for the semester break.

7. Many amateur photographers like to use one-step cameras that you don’t have to focus.

8. To keep children away from dangerous chemicals, lock them in a storage closet.

9. The student sat down glumly as soon as the professor began to criticize his research paper. After a moment, though, he turned away in frustration, trying to collect his thoughts.

10. Many patients’ lawsuits against doctors end when the patient receives and out-of-court settlement.

Correct any problems with pronoun case. Be careful, though; some pronouns are used correctly. (You will not need to change any wording.)

1. "At this college, neither the president nor the dean automatically assumes that, on every issue, the faculty is better informed than us students. "

- US – objective case of ‘we’ as in – ‘Come and get us’.

2. "Between you and I [me], [ I think ] each of the dorms should have their security systems replaced."

- me is used after a conjunction
- I is used as subject immediately before verb
- needs to be clear as in between where they are standing only or he thinks all of the dorms.

3. "The theater critic, whom [who ] slipped into her seat right before the curtain went up, gave him and the other actors favorable reviews."

- Whom is the object version of ‘who’

however – occasionally used as predicate nominative with a copulative verb or as subject of a verb especially in the vicinity of a preposition or a verb of which it might mistakenly be considered the object

4. "All job applicants must call for an appointment, so that the personnel office can interview you [them]."

- you second person
- all defines third person – them

5. The committee passed their resolution that each of the apartments was to be free of asbestos before occupancy.

6. The instructor reminded everyone in class to pick up their term papers before they left for the semester break.

7. "Many amateur photographers like to use one-step cameras that you [ they ] don’t have to focus."

- you second person
- many defines third person – they

8. "To keep children away from dangerous chemicals, lock [ the items ] in a storage closet."

- should be clear – lock the chemicals in the closet

9. "The student sat down glumly as soon as the professor began to criticize his research paper. After a moment, though, he [ student/professor ??? ] turned away in frustration, trying to collect his thoughts."

- should be clear – the student collected his thoughts, the professor collected his thoughts.

10. "Many patients’ lawsuits against doctors end when the patient receives and [ an ] out-of-court settlement."

- typo "and" should be ‘an’

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I need some Pronoun help!?

admin — Sat, 17 Jul 2010 01:22:13 +0000