Amanda Antell  |  April 27, 2015

Category: Consumer News

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Asbestos danger sign warning on buildingIn a recent development in the asbestos litigation movement, Arizona Gov. Doug Ducey signed a bill April 9 that may limit the damages that asbestos exposure victims can claim.

House Bill 2603, ostensibly meant to increase clarity and neutrality in the sensitive asbestos litigation, now requires asbestos plaintiffs to provide a sworn statement of every asbestos-related claim they have made or plan to make. Under this new law, the defendant companies are also able to request a delay in proceedings if the company believes the plaintiff may be able to make a claim with one of the dozens of asbestos-injury settlement trusts created to settle such claims.

Governor Ducey states that the bill is meant to prevent double recovery and to create a fair and transparent judicial process for these claims. Even though Governor Ducey agrees that victims are entitled to compensation for medical damages and wrongful death, he asserts they are not entitled to take unnecessarily large settlement amounts from businesses.

The Arizona Trial Lawyers Association claims that the measure raises new legal hurdles for Arizona asbestos plaintiffs. The law makes it difficult for plaintiffs to receive appropriate compensation for their injuries by delaying the litigation process and making the process more expensive for the plaintiffs. Additionally, many criticize that this bill allows the companies to stall for so long that any victims suffering from mesothelioma will not live long enough to testify at the trial.

On the other hand, supporters claim that the law prevents victims from getting more than their share of the damages. One of the main supporters of this lawsuit is the conservative pro-business group The American Legislative Exchange Council, whose representatives are pushing for similar policies to be implemented in other states. While it remains to be seen what the fallout will be from this new law, many Arizona asbestos exposure victims are nervous for their upcoming trial dates.

Governor Ducey signed the bill just two days after the end of this year’s national asbestos illness awareness week, which reminds the public of the dangers of asbestos and honors those who have suffered. Asbestos exposure can cause a variety of deadly health problems.

Overview of Asbestos Mesothelioma

Asbestos is a microscopic fiber that is 700 times smaller than a human hair. It is often inhaled at construction or manufacturing work sites. While harmless if undisturbed, once asbestos fibers are released into the air, any person in the surrounding area is vulnerable to first-hand exposure, with family and friends being in danger of second-hand exposure. Asbestos exposure can have a number of severe side effects for unsuspecting victims, including asbestosis, asbestos lung cancer, and most infamously mesothelioma.

Mesothelioma is a rare form of lung cancer that is specifically caused by inhaling asbestos fibers. Unlike traditional asbestos lung cancer, mesothelioma specifically attacks the mucous lining surrounding the lungs, rather than the actual organs. This condition causes severe scarring in the lungs and abdominal cavity, allowing infection to spread rapidly in the patients. Asbestos mesothelioma is one of the most aggressive forms of cancer, often leaving patients with little time left to live after diagnosis.

Medical experts explain that mesothelioma often does not show any sign of presence for 20 or 30 years after exposure, and is only diagnosed later when patients start experiencing breathing or digestive problems. Even if mesothelioma is caught early it is ultimately a fatal disease, with limited treatment options. Only about 20 percent of mesothelioma patients live longer than five years after being diagnosed. Depending on how early it’s detected, treatment options include drugs, chemotherapy, radiation, and surgery.

Due to how easy it is to inhale these harmful fibers, as well as how commonly asbestos was used before the 1990s, there have been numerous injury reports indicating asbestos exposure. This has led to the asbestos injury litigation becoming the longest-running mass tort in the history of the United States, with over 600,000 plaintiffs and 6,000 defendants.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual mesothelioma lawsuit or asbestos class action lawsuit is best for you. [In general, mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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Join a Free Asbestos Mesothelioma Class Action Lawsuit Investigation

If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

 

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.