The asbestos due to its much-desired physical properties such as fire – resistant, sound absorption, tensile strength etc has been in high demand from the start of late 19th century itself. But with the pros, there are always cons; the prolonged inhalation of asbestos causes serious illness such as Mesothelioma, lung cancer etc.
Mesothelioma is a rare type of cancer which affects the mesothelium, a protective lining of the lungs and other internal organs of the body. The most common area where Mesothelioma is seen is the pleura or the outer lining of the lungs and internal chest wall.
Due to these adverse effects, litigations associated with asbestos injuries and property damage is the known longest running mass – offense in a history. A law firm is a business entity formed by one or more lawyers to practice law, advice firms of its legal activities and responsibilities, advice or represent clients in civil or criminal cases. And the law firms representing Mesothelioma affected persons are very much in demand.
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A Mesothelioma law firm exclusively understands the legal issues about asbestos and the challenges a Mesothelioma victim face. Even after the guidelines issued by the government, use of asbestos or exposure to it can be really high in the houses that were constructed before the guidelines were actually brought into the limelight.
The litigation started when it has been found out that, the industries or companies that worked with the asbestos knew the risks of exposure to the mineral and the adverse affects it could cause. And yet they did not take any steps for the safety of their employees or find a way to replace the hazardous material.
According to International law regarding asbestos, it is categorized under the controlled waste, and has been banned by almost 60 countries around the world. This categorization was done under the Annex I of the Basel Convention on the Control of Trans – boundary Movements of Hazardous Wastes and their Disposal .
With this, many individuals who were wrongly exposed to the hazardous material and who were diagnosed with the disease Mesothelioma filed lawsuits against the companies and industries they worked in. The exposure to the hazardous material was at high during the period 1930s – 1970s. The first ever lawsuit against asbestos manufacturers was filed in 1929.
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Since then on, many law firms have been at work fighting cases for hundreds and thousands of victims for the compensation for the treatment and for the support for family. The earliest of known is Baron and Budd, P.C firm founded in 1977 along with ELSM firm which has been serving the Mesothelioma victims for 30 years, representing and fighting cases.
With increase in lawsuits against the companies and industries due to the international law regarding the asbestos litigation, the search for the law firms to represent them has increased exponentially over years and with the advanced options available on internet, the CPC for the Mesothelioma law firms has been high ever since.
What can I expect from the Mesothelioma law firm?
The exposure to asbestos can result in Mesothelioma, which tends to develop after 10 – 40 years after the exposure. People diagnosed with the disease can file the law suit within 1 – 5 years from the diagnosis and can expect significant money recovery for the damages.
In case of the death of the victim, the law also states that the family members can file a law suit within a year or year and a half from the date of death. With all the proper evidences like the diagnosis statement, record of the time duration of work in the company etc, most of the trials are settled outside the court mostly. If ever got before the judge, the filed law suit may be cleared within a year along with the compensation etc.
The law suits filed differ from one another; the claims may range from the compensation for the common expenses to the compensation for the damage caused both physically and mentally. They range from personal injury claim to wrongful death. The asbestos law suit has been claimed the most expensive around the world.
With all the intricate and detailed work involved, the Mesothelioma law firms are known to be the most successful ones in having a very high law suit settlements and having high CPC too.
Do all the countries have the same law working?
NO. Every country has brought the international law into action at different times. While some countries do not have any law at all against the use of asbestos, some countries have strictly prohibited the usage.
The countries like Australia (‘03), Brazil (’07), Canada (’11), France (’97) have banned the production and usage of asbestos and the WTO has upheld the claim of France in the year 2000 and called for a worldwide ban.
Italy banned the use of asbestos in 1992, while South Korea banned the use of asbestos in May 1997 itself. But in January 2009, South Korea banned the complete import and export of asbestos and its related products. In 2011, South Korea became the 6th country to enact asbestos harm aid act.
While the United Kingdom and United States of America and other countries have banned or promoted rigorous controls and laws against the use of asbestos, India has not yet issued any law against the hazardous material.
In January 2011, the Supreme Court of India has refused the law suit to ban asbestos in India. Even though India recognizes asbestos as a hazardous substance and has banned its mining and waste trade, it has allowed the trade of asbestos in very low prices through investment.