On behalf of Smiley & Smiley, LLP posted in Personal Injury on Sunday, April 7, 2013.
Some personal injury cases are clear and immediate in their impact. For example, an individual who becomes paralyzed after being hit by a drunk driver can demonstrate clear causation of his or her immediate injury. However, some personal injury cases are not so easy to connect. For example, cases involving injury from asbestos exposure can take a great deal of evidence gathering and consideration to prove.
When individuals are exposed to asbestos, the injuries that they suffer as a result generally do not surface for many years. In addition, the ways in which asbestos-related injury and illness manifest are so foreign to many people that it can take time to connect symptoms with exposure that occurred either over decades or decades ago.
Asbestos cases can be brought by individuals who have experienced direct exposure to asbestos through work or building conditions. They can also be brought by individuals who have suffered indirect exposure. For example, recent cases have been filed and won by women who have developed serious illness after washing their husbands' asbestos-ridden work clothes over a number of years.
Because these cases are so complex and because symptoms do not tend to surface until significant time has passed, the abundant number of cases currently being filed is being greeted by some skeptics as an avalanche of fraudulent claims. As individuals become increasingly educated about how potential asbestos exposure may be contributing to harmful symptoms, they seek legal counsel. Far from fraudulent activity, these individuals are exercising their right to compensation for negligent harm done to them.
Simply because asbestos exposure cases are becoming more common does not mean that people are filing these claims fraudulently. Unfortunately, a generation of people regularly exposed to this toxic substance is simply and tragically finally getting sick as a result.
Source: Huffington Post, "Do Asbestos Victims Deserve Compensation? And Other Questions the Wall Street Journal Never Asks," Brian Young, Mar. 18, 2013
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