When the manufacturer responsible for asbestos exposure is no longer in business, seeking compensation becomes more complex. A company’s closure, however, does not eliminate responsibility for the harm caused. With guidance from an experienced asbestos attorney, it is still possible to pursue justice and hold other liable parties accountable.
Asbestos Companies Valued Profit Over Safety
Asbestos, a mineral once valued for its heat resistance and durability, was widely used for decades. From the 1940s through the mid-1970s, asbestos-containing materials were heavily and widely used in industries such as shipbuilding, construction, power generation, and manufacturing. This use occurred despite widespread corporate knowledge of the dangers asbestos presented. Unfortunately, asbestos is highly toxic; inhaling or ingesting fibers leads to serious health issues, including mesothelioma, lung cancer, and asbestosis.
As the specter of legitimate personal injury claims for these terrible asbestos injuries began to rear its head in the late 1970s and early 1980s, asbestos manufacturers began to file for bankruptcy, taking advantage of favorable federal laws to set up trust funds to manage the volume of claims and unfairly protect themselves against future lawsuits.
Many manufacturers continued to produce and distribute asbestos-containing products without warnings or safety measures. As a result, countless individuals were exposed to asbestos and developed life-threatening illnesses.
Exploring Potentially Liable Parties
While cases involving “closed” businesses may require additional investigation, this does not automatically prevent you or your loved one from seeking legal options for compensation. Responsibility may extend to other entities involved in the asbestos supply chain.
- Successor Companies: Another company may have acquired an asbestos manufacturer and assumed its liabilities, making them responsible for any asbestos-related injuries. An asbestos attorney can investigate a company’s corporate history and determine whether a successor company can be held accountable.
- Insurance Companies: Many asbestos manufacturers carried liability insurance. Theoretically, these policies should cover claims even after the company closed. In practice, tapping these policies can prove difficult. An experienced, dedicated asbestos attorney can identify applicable insurance coverage and seek compensation from the insurance company.
- Other Negligent Parties: Contractors, distributors, employers, or property owners may also be responsible for failing to provide adequate warnings or protections. An asbestos attorney can investigate your case to identify all potential defendants
The Legal Process and Your Rights
Navigating an asbestos-related claim involves complex laws, medical evidence, and strict deadlines. Working with an experienced attorney helps ensure your rights are protected and that every available path to compensation is explored.
While every case is different, most claims follow a similar progression.
- Your Initial Consultation: The first step is an initial consultation with an asbestos law firm, where you can ask questions about your case and the legal process. Your lawyer will address each concern and explain what to expect.
- Building Your Case: If you proceed, the legal team will build your case by researching your exposure history and gathering evidence such as medical records, employment records, and witness statements to establish when and how the asbestos exposure occurred.
- Your Best Options: Your lawyer will identify the best recovery option, which may be a personal injury or wrongful death lawsuit. In addition to civil lawsuits, you may be eligible to file workers’ compensation or a claim against an asbestos trust fund.
- Filing Your Lawsuit: After building your case and determining your recovery options, your legal team will file a lawsuit on your behalf.
The discovery phase is before the trial begins and allows each party to obtain information and evidence from the opposing side. This gives attorneys a clearer idea of how the lawsuit may unfold if it goes to trial. A lawsuit can end in a settlement or be taken to trial, which may result in a favorable verdict.
Work With a Team That Knows Asbestos Law
Navigating an asbestos claim involving a closed company is complex, but you don’t have to face it alone.
Attorneys at the O’Brien Law Firm bring extensive experience in handling asbestos cases and understand the urgency and care required. They’re experienced and skilled at identifying sources of exposure and implementing a prosecution plan that will provide the best outcome for clients, whether that’s through negotiating a settlement, pushing a case to trial, or pursuing trust fund compensation. Every step is managed with precision and compassion.
If you or someone you know has been diagnosed with mesothelioma, lung cancer, asbestosis, or another asbestos-related disease, contact us for a free consultation and to explore your legal options. Our reputable asbestos lawyers are here to help you seek justice and secure the compensation you deserve.