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Who Can File an Asbestos Lawsuit?

asbestos lawsuitWho can sue for asbestos exposure?  The truth is just about anyone.  The more important question to ask is who can file an asbestos lawsuit and win?  Anyone can sign papers and pay a filing fee at a courthouse.  And if you want a lawyer, you can always find a lawyer who is willing to file a lawsuit.

Because asbestos exposure cases are usually handled on a contingency fee basis to refine the question even more you might ask who might have a claim of sufficient value to persuade a lawyer to take the case on a contingency?

The answer to that question depends on how a good a lawyer you want.

If the only lawyer who will take your case is one who is desperate for work and insists that you spend some of your own money to pay for costs, then the case may have only a slim chance of winning.

Instead of scraping the bottom of the barrel, you should seek the best law firm possible to handle your asbestos lawsuit.  Like Kazan Law. We have been asked to review thousands of asbestos exposure cases.  But we only accept the ones we know from experience present a solid case.

There are two types of asbestos lawsuit cases.  Both require a medical diagnosis of an asbestos-related disease such as mesothelioma, a cancer of the lining in the lung or abdominal cavities.

  1. Personal  Injury – The personal injury asbestos lawsuit is brought by someone who is ill due to asbestos exposure.  It is almost always men who develop mesothelioma from occupational asbestos exposure.  But their wives and children sometimes develop mesothelioma from inhaling microscopic asbestos fibers the worker unknowingly brought home on his clothes and tools, and can also file personal injury lawsuits.As part of a personal injury case, the spouse can also sue for loss of consortium. That means the deprivation of the benefits of a spousal relationship due to injuries caused by the asbestos exposure.
  2. Wrongful Death – After the person who suffered due to asbestos exposure dies, a whole new series of claims can be brought for wrongful death.  In California, a potential claimant is anyone who depended on the deceased for more than half their support.  In addition to spouses and children, it could include grandkids and/or elderly parents. In California each heir can bring their own claims.

Factors we use in evaluating potential cases include:

  • the strength of the diagnosis
  • the evidence of asbestos exposure – when, where and to whose asbestos-containing materials
  • potential for recovering monetary damages

If you have any questions please see the the FAQs section of our website or call us at 877-995-6372.

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