Victims suffering from conditions, such as lung cancer, esophageal cancer, stomach cancer, pleural plaques, pleural stenosis and many others can be dismissed by asbestos law claims. Primarily, because judges and juries find themselves having to make judgment calls whether the disease could have originated by any other means than the asbestos law claims states. To combat this, some asbestos law firms started "bundling" cases combing so-called "lesser" diseases with one or two victims who have been diagnosed with mesothelioma and have full-proof asbestos law claims. Several states have passed laws that prohibit bundling currently.
For instance, California passed 2005 legislation to expedite asbestos law claims particularly when the plaintiffs were in the end stages of the cancer. This was a counter-measure to a defense tactic of stalling mesothelioma cases in hopes that the plaintiff would die. In California, a victim's estate is restricted in the damages that it can collect.
Seeger Weiss,’ asbestos law firm, understands how to balance what victims and plaintiffs want so asbestos law claims can be settled. They know victims need resolution and financial help with medical expenses—and time is of essence.
While individual asbestos law claims continue to get fought, the bigger picture legislatively will be to address what each side wants:
• adequate compensation
• recognition of environmental and secondary asbestos exposure
• relaxed standards of proof of exposure
• responsibility resting on manufacturers and insurance companies
• preservation of right to seek compensation in court
• sufficient funding for current and future claims
• efficient and predictable claims system
• liability limited to those with malignancies
• required definitive proof of exposure
• compensation limited to those that prove "workplace exposure"
• elimination of the right to seek remedies through the tort system for asbestos law claims
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