Despite its widespread usage in buildings, asbestos is now known to pose a serious risk to human health. In Lakewood, many older buildings still contain asbestos, raising concerns about the Lakewood asbestos legal question and putting residents, workers, and property owners at risk if not managed properly. This guide aims to address these legal questions, explain the rights of those affected, and outline preventive steps to ensure safety and compliance with the law.
What Is Asbestos and Why Is It Harmful?
Asbestos is a naturally occurring mineral known for its durability and heat resistance. It was commonly used in construction materials such as insulation, roofing, flooring, and cement. Inhaling asbestos fibers into the air, however, makes it deadly. Over time, these fibers can cause severe health issues, including:
- One uncommon and severe kind of cancer that affects the lining of the abdomen or lungs is mesothelioma.
- Lung Cancer: Often linked to long-term asbestos exposure, especially in smokers.
- Asbestosis: The chronic lung condition known as asbestosis is brought on by asbestos fibers leaving scars on lung tissue.
Common Legal Questions About Asbestos in Lakewood
Residents and property owners often have questions about how asbestos exposure impacts their legal rights. Here are some of the most frequent concerns:
Who is responsible for asbestos exposure?
Employers, manufacturers, or property owners who knowingly expose others to asbestos may be held accountable. Failing to disclose asbestos hazards or neglecting safe removal practices can result in legal liability.
Can victims of asbestos exposure seek compensation?
Yes, individuals who develop asbestos-related illnesses can file claims for compensation. This may include reimbursement for medical expenses, lost wages, and damages for pain and suffering.
What legal options are available?
Victims can file personal injury claims, wrongful death lawsuits, or seek compensation through asbestos trust funds set up by companies that manufacture asbestos products.
Types of Asbestos Legal Claims
Personal Injury Claims: These are filed by individuals diagnosed with asbestos-related diseases. Compensation typically covers:
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- Medical treatments and ongoing healthcare costs.
- Lost wages or reduced earning capacity.
- Pain, suffering, and emotional distress.
Wrongful Death Claims: When a loved one dies from an asbestos-related illness, family members can file a wrongful death lawsuit. Compensation may include:
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- Funeral and burial expenses.
- Loss of financial support and companionship.
- Emotional suffering.
Asbestos Trust Fund Claims: Many companies responsible for asbestos exposure have established trust funds as part of bankruptcy settlements. Victims can apply for compensation from these funds without going to court.
Statute of Limitations in Colorado for Asbestos Claims
The law in Colorado sets strict deadlines for filing asbestos-related claims:
- Personal Injury Claims: These claims have to be submitted within two years of the diagnosis..
- Wrongful Death Claims: Families have two years from the date of the victim’s death to file a lawsuit.
Legal action must be taken promptly since missing these deadlines may result in the loss of your entitlement to compensation.
How to Prove Asbestos Exposure
A crucial component of any legal claim is demonstrating asbestos exposure. Key pieces of evidence include:
- Medical Records: Documentation from a healthcare provider confirming a diagnosis of an asbestos-related illness.
- Employment History: Proof of working in industries where asbestos exposure was common, such as construction, shipbuilding, or manufacturing.
- Product Identification: Evidence linking exposure to specific asbestos-containing products or materials.
- Expert Testimony: Testimonies from medical experts or occupational health specialists can strengthen your case by connecting your illness to asbestos exposure.
Filing an Asbestos Claim: Step-by-Step
- Consult an Attorney: Contact a lawyer specializing in asbestos cases. They are able to assess your circumstances and help you navigate the legal system.
- Gather Documentation: Collect all necessary records, including medical reports, work history, and proof of exposure.
- File the Claim: Submit your claim to the appropriate court or asbestos trust fund, depending on your circumstances.
- Negotiate or Proceed to Trial: Most cases are resolved through settlements, but some may go to court for a verdict.
Preventive Measures for Property Owners and Workers
To avoid asbestos exposure and potential liability, it’s crucial to follow safety protocols:
- Building Inspections: Always inspect older properties for asbestos before renovation or demolition.
- Licensed Asbestos Removal: Only certified professionals should handle the removal of asbestos materials.
- Worker Training: Employers must educate workers about asbestos risks and provide protective equipment.
- Regulatory Compliance: Adhere to local, state, and federal laws regarding asbestos management to avoid penalties.
Resources for Asbestos Help in Lakewood
If you’re dealing with asbestos-related concerns, consider these resources:
- Legal Assistance: Consult experienced asbestos attorneys in Lakewood for guidance on claims and lawsuits.
- Health Support Services: Reach out to local clinics for asbestos-related health screenings and treatment options.
- Government Agencies: Contact the Colorado Department of Public Health and Environment or the Environmental Protection Agency (EPA) for information on asbestos regulations and safe practices.
Conclusion
Asbestos exposure can lead to devastating health conditions, but addressing the Lakewood asbestos legal question offers a path for victims to seek justice and compensation. Property owners and employers in Lakewood also bear the responsibility to manage asbestos hazards properly to prevent exposure and ensure safety. If you or someone you know is affected by asbestos in Lakewood, taking prompt action and consulting with experienced professionals can safeguard your health and protect your legal rights.
FAQs About Lakewood asbestos legal question
What should I do if I suspect asbestos is on my property?
Because asbestos can emit dangerous fibers, don’t disrupt the material if you suspect it. Contact a licensed asbestos professional to conduct an inspection and safely manage or remove it.
Who can file an asbestos-related claim?
Individuals diagnosed with asbestos-related diseases, such as mesothelioma, asbestosis, or lung cancer, can file claims. Families of victims who have passed away from these illnesses can file wrongful death claims.
How much compensation can I expect from an asbestos claim?
Compensation varies based on factors like medical expenses, lost wages, pain and suffering, and the circumstances of exposure. An experienced asbestos attorney can help estimate potential compensation.
Do I need to go to court to receive compensation?
Not necessarily. Many asbestos cases are resolved through settlements or trust fund claims, which do not require court proceedings. However, some cases may go to trial if a settlement cannot be reached.
Is there a deadline for filing an asbestos claim in Lakewood?
Yes. In Colorado, personal injury claims must be filed within two years of diagnosis, and wrongful death claims within two years of the victim’s death. Acting quickly is crucial to protect your rights.
