Non-occupational asbestos exposure cases can be complex and emotionally challenging for those affected. These cases typically involve individuals who have been exposed to asbestos through secondhand contact, such as from a family member who worked with asbestos-containing materials. Unlike occupational exposure, where employees have legal protection and avenues for compensation, non-occupational cases can be more difficult to navigate. However, it is essential for individuals who have suffered harm due to asbestos exposure to understand their legal rights and options for seeking justice.
If you or a loved one have been affected by non-occupational asbestos exposure, it is vital to seek legal advice from a lawyer experienced in asbestos litigation to explore your options and pursue the compensation you deserve. Contact an attorney near you to discuss your case and the potential avenues for legal recourse.
What Is Non-Occupational Exposure to Asbestos?
Asbestos, a naturally occurring mineral, was extensively used in various industries for its insulating and fire-resistant properties. It was commonly found in building materials, insulation, automotive parts, and consumer products. While the use of asbestos has declined significantly due to the health risks it poses, many older buildings and products still contain asbestos.
Non-occupational exposure occurs when individuals come into contact with asbestos fibers without actively working with asbestos-containing materials. This exposure often happens in residential settings, where family members of workers who were regularly exposed to asbestos may have inadvertently inhaled or ingested asbestos fibers brought home on clothing or through other means. There have been numerous cases where spouses of people who were exposed to asbestos on a prolonged basis have developed mesothelioma.
Additionally, children may be exposed to asbestos in schools or daycare facilities housed in buildings that contain asbestos materials. There may have even been asbestos in a consumer product that you used, such as talc powder or other cosmetics.
Challenges in Non-Occupational Asbestos Litigation
Non-occupational asbestos exposure cases present unique challenges compared to occupational exposure cases. One of the main challenges is establishing the source of asbestos exposure. As the exposure occurred indirectly, it can be difficult to pinpoint the exact location or product responsible for the exposure.
Another significant challenge is the latency period of asbestos-related diseases. It can take several decades between the exposure and the development of diseases such as mesothelioma, lung cancer, or asbestosis. This long latency period can complicate the litigation process, as it may be challenging to gather evidence or locate witnesses who can testify about the exposure after such a long time has passed. You may be dealing with something that happened decades ago.
Furthermore, non-occupational asbestos exposure cases may face skepticism from defendants who argue that the claimant’s exposure was not significant or that other factors caused their illness. Defendants may attempt to shift blame to other potential sources of asbestos exposure, such as the claimant’s workplace or other environments in which they may have spent time.
What Is the Legal Procedure for Asbestos Litigation?
The length of your case may depend on the specific facts and circumstances. You may not even need to litigate your asbestos case. Here are the steps to an asbestos lawsuit.
- Consultation with an Attorney: If you or a loved one have been diagnosed with an asbestos-related disease, the first step is to consult with an attorney who is experienced in asbestos litigation. An experienced mesothelioma attorney can evaluate your case, gather relevant information, and provide guidance on the next steps.
- Case Evaluation: Your attorney will evaluate your case by examining your medical records, work history, and any potential sources of asbestos exposure. They will determine the strength of your claim and the likelihood of obtaining compensation.
- Filing a Lawsuit: If your attorney determines that you have a valid claim, they will file a lawsuit against the responsible parties. The defendants may include manufacturers of asbestos products, employers who failed to protect their workers from asbestos exposure, or other entities responsible for your exposure.
- Discovery Phase: Following the filing of the lawsuit, both parties enter the discovery phase. This involves gathering evidence, exchanging information, and taking depositions. During this phase, your attorney will work to establish a causal link between your asbestos exposure and your resulting illness.
- Settlement Negotiation: In some cases, defendants may offer a settlement to avoid the costs and uncertainties of going to trial. Your attorney will negotiate on your behalf to secure a fair settlement that compensates you for your medical expenses, lost income, pain, and suffering.
- Trial: If a settlement cannot be reached, the case may proceed to trial. During the trial, both parties present evidence and arguments, and a judge or jury will determine the outcome. Your attorney will advocate for your rights and present a compelling case to prove the defendants’ liability.
- Verdict and Compensation: If the court finds the defendants responsible for your asbestos exposure and resulting illness, they may be ordered to pay compensation. The amount awarded will depend on various factors, including the severity of your illness, the impact on your life, and the defendants’ financial resources.
How Your Mesothelioma Lawyer Could Prove Your Case
Your mesothelioma attorney will need to prove how and where you were exposed to asbestos. This can be particularly difficult when the exposure occurred decades ago, and it may not have been at a place where you spent as much time as your job. Your mesothelioma lawyer will need to reconstruct your own personal history and work with expert witnesses who can help prove your exposure to asbestos. Your mesothelioma lawyer has worked on many of these cases, and they have a broad knowledge of where asbestos may have been located in places where you were present in the past.
Non-occupational asbestos exposure cases can be challenging to navigate, but it is vital for those affected to understand their legal rights and pursue compensation. If you or a loved one has been exposed to asbestos through non-occupational contact and developed an asbestos-related disease, it is important to consult with an attorney with skill in asbestos litigation. They can guide you through the legal process, help establish liability, and fight for the compensation you deserve. Remember, contacting a mesothelioma attorney near you is the first step in seeking justice and exploring your legal options.
