The Mesothelioma Law

The term mesothelioma law is actually a misnomer: it should rather be called and referred to as asbestos law.

There was a statement issued by the American Bar Association not too long ago where it was argued that we have to deal with an increasing number of illegitimate claimants who don’t even suffer from an asbestos related disease. Here is the crux of the problem: There is a certain time limit under the statute of limitations that allows claimants to file their case, but further to that, it also allows anybody to come forward and file a claim, who has ‘reason to believe’ that he might be eligible in the future to receive compensation.

Let me give you an example: let’s say an individual just went for a chest X-Ray and it came back with some irregularities that may indicate an asbestos induced disease, he still has the legal grounds to put a claim forward. Consequently, the court systems got swamped with a flood of claims that were unsubstantiated. And as a result of that situation, those who were actually ill were frequently not heard timely enough and faced major delays in the process. Therefore, eventually the American Bar Association recommended in a paper to specifically define a standard of impairment. Further to that, only those who were actually ill should be allowed to put their claims forward.

The bottom line is: each year and in the United States alone, 10,000 people die because of asbestos induced diseases. However, there is still no mesothelioma law in place that strictly enforces the ban of asbestos containing materials. And even though we do see a decrease in diagnoses related to occupational asbestos exposure, there are still many workers at risk of contracting a severe illness during the course of their job. Further to that, especially for homeowner of properties built prior to 1975, thorough asbestos testing is strongly recommended by many experts.