Caroselli, Beachler & Coleman, L.L.C.

New bills detrimental to victims of asbestos-related deaths

A series of new laws introduced this year designed from previous bills of the American Legislative Exchange Council have made it more difficult for victims and their surviving families to receive compensation for illness or death caused by exposure to asbestos in the workplace.

The "Asbestos Claims Transparency Act" first surfaced in 2007, with the purpose of directly benefitting major corporations who had persistently worked to wiggle their way out of compensating victims of asbestos for decades. Asbestos-related working conditions contribute to the deaths of at least 10,000 Americans every year. The asbestos bill revisions alter corporate liability and attempt to avoid responsibility for exorbitant payouts from their insurance companies.

Victims' exposure to asbestos frequently results in a fatal form of cancer called mesothelioma. It has been diagnosed in workers exposed to heat-intensive machinery in areas insulated by asbestos.

Although corporate executives have reportedly been aware of the hidden danger of asbestos, especially in insulated building, since the '40s, they kept the information under wraps. Since it takes between 20 to 50 years for symptoms to appear, many individuals are only now being diagnosed with the cancer.

Supporters of the Asbestos Claims Transparency Act claim the law helps prevent fraudulent claims. Opponents state that the law is designed to require the families of victims to jump through so many legal hoops that by the time the lawsuit appears on the docket, the affected victim has already died. The majority of individuals diagnosed with asbestos-related injuries die within a year of diagnosis.

If you or a loved one has been diagnosed with a work-related asbestos-related disease, or has been a victim of mesothelioma as a result of exposure to asbestos, it is recommended that you seek personal injury attorneys to inform you and your family of your legal rights to just compensation. These individuals are committed to providing the most up-to-date information regarding mesothelioma cases.


Source: 
prwatch.org, "Justice Denied: 71 ALEC Bills in 2013 Make It Harder to Hold Corporations Accountable for Causing Injury or Death" Brendan Fischer, Jul. 10, 2013

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