Saturday, March 10, 2007

Recourse For California Workers Exposed to Harmful Asbestos<

Recourse For California Workers Exposed to Harmful Asbestos by Nick Johnson

California companies responsible for toxic exposure to asbestos have no recourse in the eyes of the public. Many people feel that the ignorant and careless nature of asbestos exposure is not compensable regardless of how high the awards are.

Asbestos exposure is simply inexcusable. Asbestos is the only cause of the deadly lung lining cancer known as Mesothelioma. Mesothelioma is diagnosed annually in approximately 3000 new patients. Mesothelioma carries nearly a 100% death rate.

Asbestos exposure is also responsible for the lung disease known as asbestos, and can significantly contribute to the contraction of lung cancers. The government has dabbled their hands in Mesothelioma and asbestos law and is slowly concluding that victims of asbestos exposure and Mesothelioma aren't necessarily entitled to high jury awards or Mesothelioma settlements.

The proposed Mesothelioma and asbestos laws would prohibit people from suing for asbestos related illnesses. These laws would protect big business as well as governmental agencies from asbestos related lawsuits and leave victims of Mesothelioma and other asbestos related illnesses to file with the government once they are no longer able to financially care for their responsibilities for nominal governmental compensation.

This would be a serious violation of basic human rights as well as an insult to the American worker. It would be the hope of the vast majority that our government would think twice before condemning Mesothelioma victims to such an atrocious sentence.

The passing of laws which prohibit Mesothelioma and asbestos related illness victim from collecting compensation may very well have a much larger effect on big business than anticipated. Often the threat of a Mesothelioma lawsuit, which has the potential to wipe out large companies if they are sued multiple times, helps to keep big business in line when it comes to asbestos exposure.

Taking that threat away from big business means that they are simply required to be within governmental standards and be courteous enough to their employees to avoid infecting them with a fatal disease. How long would the government anticipate it would take to notice a rise of Mesothelioma cases?

Unfortunately the disease can lay dormant in the body for ten to forty years, which means that often people come down with Mesothelioma without being 100% positive where they contracted the disease or where the asbestos exposure existed in their work history. While this can complicate a Mesothelioma lawsuit, it doesn't terminate it.

California mesothelioma lawsuits often hit one company in succession. If three employees from twenty years ago are diagnosed with Mesothelioma, all three have the right to sue.

This creates a spiraling effect that may prevent future Mesothelioma lawsuits from receiving their day in court. This presents a serious problem for future Mesothelioma victims. There is not an unlimited supply of funds to cover the costs of multiple lawsuits, and insurance companies and big business alike are in danger of closing their doors due to bankruptcy.

That means if the fourth Mesothelioma victim hasn't been diagnosed or filed a Mesothelioma lawsuit at that time, there is not enough money left for him or her to receive their fair share. Part of this is due to exorbitant jury awards and very high California mesothelioma settlements.

These two factors have led to an increase in Mesothelioma lawsuits, although there is a much higher percentage of people filing Mesothelioma lawsuits and negotiating Mesothelioma settlements that are not sick and have received no diagnosis. And they are winning against big business.

Juries are awarding Mesothelioma awards based on the risk presented by the exposure to asbestos that has been able to be proven. There are two sides to this very unusual coin. Asbestos companies are still being held accountable for their irresponsible and careless attitude toward their employees, but those who are filing Mesothelioma lawsuits before being diagnosed with Mesothelioma or another form of asbestos illness are taking money away from those who are definitely diagnosed with Mesothelioma.

There is a great debate about the morality of filing a Mesothelioma lawsuit without being diagnosed with an asbestos related disease, yet if the exposure risk was high enough that Mesothelioma is likely, waiting too long may very well mean that no funds will be allocated to cover the California mesothelioma cases that come forth thereafter.

This creates a personal predicament for every individual who has been significantly exposed to asbestos. For each individual who lives under the threat of a future case of Mesothelioma or other asbestos related disease, whether or not to file a premature Mesothelioma lawsuit is only an question they can answer for themselves.

Nick Johnson is lead counsel and founding partner of Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving all types of Mesothelioma. Call 1-888-311-5522 today or visit for a free case evaluation.

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