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Exposure and Proof
A defendant’s liability in most personal injury cases is measured by the legal standard of “more likely than not.” This is a relatively low threshold, but it still means that proof of fault is needed. The more clearly you can identify how you were exposed and who was responsible for the exposure, the better the chance of a fair settlement.
Because asbestos-related diseases are cumulative and all exposure to asbestos contributes to the illness, a defendant whose product you only worked with a few times is as much at fault as a defendant whose product you used for decades. However, a defendant with a relatively light contribution to the illness will generally be responsible for a much smaller amount of the damages. The major manufacturers and suppliers of asbestos fibers and products are now bankrupt, and the only financially solvent defendants in your case might not be responsible for the majority of your damages. This means that the value of the case may seem small even with excellent proof and high damages. This is an unfortunate reality of asbestos litigation.
Should I Sue? If you have a diagnosed asbestos-related disease, it’s valuable to consult with an attorney even if you think the case is weak. An attorney who has done significant investigative work-up of products and jobsites might be aware of exposures that you did not even know you had. Since an asbestos attorney will almost certainly offer a free consultation and work on a contingency fee basis, the financial risk to you is low. Learn more about How Asbestos Lawyers are Paid.
Because asbestos-related diseases are cumulative and all exposure to asbestos contributes to the illness, a defendant whose product you only worked with a few times is as much at fault as a defendant whose product you used for decades. However, a defendant with a relatively light contribution to the illness will generally be responsible for a much smaller amount of the damages. The major manufacturers and suppliers of asbestos fibers and products are now bankrupt, and the only financially solvent defendants in your case might not be responsible for the majority of your damages. This means that the value of the case may seem small even with excellent proof and high damages. This is an unfortunate reality of asbestos litigation.
Should I Sue? If you have a diagnosed asbestos-related disease, it’s valuable to consult with an attorney even if you think the case is weak. An attorney who has done significant investigative work-up of products and jobsites might be aware of exposures that you did not even know you had. Since an asbestos attorney will almost certainly offer a free consultation and work on a contingency fee basis, the financial risk to you is low. Learn more about How Asbestos Lawyers are Paid.
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