Am I Eligible for Compensation if I Was Exposed to Asbestos Before 1985?

Asbestos exposure is a serious issue that has impacted many workers, particularly those in industries such as construction, shipbuilding, and manufacturing, where asbestos was widely used in the past. The dangers of asbestos are well-documented, and the health risks associated with exposure can be devastating. Unfortunately, the effects of asbestos exposure may not be apparent for decades. If you were exposed to asbestos before 1985 and have developed an asbestos-related disease, you may be eligible for compensation. In this blog, we will explore the eligibility requirements for compensation, legal options, and next steps for those affected by asbestos exposure.

Understanding Asbestos Exposure and Its Risks

Asbestos was a common material used in many industries, especially during the 70s and 80s. It was valued for its durability, heat resistance, and insulating properties, making it a preferred material in construction, shipbuilding, and manufacturing. However, what was not widely known at the time was the harmful nature of asbestos fibers.

When asbestos-containing materials are disturbed, tiny fibers are released into the air. Workers and their families who were unknowingly exposed to these fibers faced significant health risks. Over time, inhaling these fibers can lead to serious diseases, including mesothelioma, asbestosis, and lung cancer.

• Mesothelioma is a rare but aggressive cancer that primarily affects the lining of the lungs or abdomen.
• Asbestosis is a chronic lung disease that causes scarring of lung tissue.
• Lung cancer is another deadly disease linked to asbestos exposure.

These diseases often develop many years after exposure, which means individuals who were exposed to asbestos before 1985 may not realize they have been affected until decades later.

Legal Considerations for Compensation Eligibility

Over the years, thousands of lawsuits have been filed by individuals who developed illnesses due to asbestos exposure. The legal landscape for asbestos-related claims is complex, but there are avenues for compensation. The good news is that even if your exposure occurred before 1985, you may still be eligible for compensation.

Statutes of Limitations and Diagnosis: In most states, the statute of limitations for filing an asbestos-related claim is based on the date of diagnosis, rather than the date of exposure. This means that even if you were exposed to asbestos decades ago, you may still have time to file a claim if you were only recently diagnosed with an asbestos-related disease.

Asbestos Trust Funds: Many asbestos companies that have gone bankrupt due to the numerous lawsuits have set up asbestos trust funds to compensate victims. These trust funds contain billions of dollars that are still available for individuals who were exposed to asbestos and have developed related diseases. Currently, over $30 billion remains in these trust funds, making it crucial for affected individuals to explore their options.

Compensation Options for Victims

If you have been diagnosed with an asbestos-related disease, you may be entitled to compensation through several avenues:

1. Asbestos Trust Funds: Asbestos trust funds were established by bankrupt companies that were responsible for asbestos exposure. These funds are set up specifically to compensate victims of asbestos-related illnesses. Filing a claim with an asbestos trust fund can provide you with financial support for medical bills, lost wages, and pain and suffering.

2. Lawsuits & Settlements: You may also be able to file a personal injury lawsuit or a wrongful death lawsuit if a loved one has passed away due to an asbestos-related disease. Personal injury claims allow individuals to seek compensation for their medical expenses, lost income, and emotional distress caused by their illness. In many cases, asbestos-related lawsuits lead to settlements with the responsible parties.

Frequently Asked Questions (FAQs)

What if I was exposed before 1985 but only recently developed symptoms? 

Most states allow claims based on the diagnosis date, so you may still qualify for compensation, even if you were exposed many years ago.

Do I need to know exactly when and where I was exposed? 

While it is helpful to have this information, an experienced asbestos attorney can help investigate your case and identify potential sources of exposure.

Can family members of deceased victims file claims? 

Yes, family members of individuals who have passed away due to asbestos-related diseases may be eligible to file wrongful death claims on their behalf.

How much compensation can I receive? 

The amount of compensation varies depending on factors such as the severity of your illness, your work history, and the legal strategy used in your case. An attorney can help assess your situation and estimate your potential compensation.

Contact Braver Law for a Free Case Review

If you or a loved one were exposed to asbestos before 1985 and have been diagnosed with an asbestos-related illness, don’t wait to get the justice and compensation you deserve. Braver Law is here to fight for you. Braver Law has a proven track record of success in handling asbestos-related cases, including mesothelioma, lung cancer, and asbestosis. We have deep expertise in identifying the sources of asbestos exposure, even when the evidence is decades old. Contact us today for a free case review, our experienced attorneys will stand by your side and make sure you get every dollar you’re entitled to.