Silicosis Lawsuit
Silicosis Legal Actions
In cases where the plaintiff is suffering from silicosis, a products liability action against the manufacturers may include allegations for breach of warranty, failure to warn, defective and dangerous product design, failure to provide adequate instructions for safe use, failure to adequately test the products, negligence, and gross negligence.
Silicosis Damages
Monetary damages are available to injured workers and families include but not limited to (past & future) physical pain, mental anguish, physical disfigurement, physical impairment, loss wages (earnings), hospital and physician expenses, nursing expenses and monetary damages against the defendants. In some silicosis cases we may be available to argue for punitive damages to punish a particular defendant for grossly negligent conduct and to serve as an example to other defendants in the future and as the facts of each cases dictate. The injured worker may also have available a claim against the appropriate former employers for workers compensation benefits and a claim for Social Security Disability Benefits Consult with an attorney before filling out either or both of these claims.Mis-worded or mis-described claims can prevent or damage your claim or lawsuit.
Silicosis Case Statute of Limitation
Also be advised each state have Statutes of Limitations that determine when a legal action must be filed. In some states the statute of limitations is as short as (ONE) year from the date of the injury or the date the client first knew or should have known of his injury or diagnosis of silicosis or other diseases. If the injured worker or his survivors fail to timely file a lawsuit in the appropriate Court of Law, then their right to recover anything, (money, medical, etc..) may be forever waived and lost. Consult an attorney of your choosing immediately if you are unsure. Each State has different rules and procedures that must be followed to the letter. Don’t wait to find out it is too late.
If you or a loved one has been recently been diagnosed with Silicosis then you may have a legal action for your injuries and damages. DUE TO THE SERIOUS NATURE OF THIS DISEASE it is extremely important to move very quickly to investigate the work history, obtain names of co-workers, find and identify the types and brands of silica containing products, different locations of exposure AND the brands and manufacturers of the disposable paper dust masks, cartridge manufacturers, and blasting equipment.
While we understand it can very difficult to remember each and every brand or type of silica product in ones past, we have found that once the worker starts to review notebooks of documents, advertisements, and photographs of these products from the 1940’s through the 1980’s then the proper identification of the correct product manufacturers is greatly improved. Due to seriousness and complications of this horrible disease, a thorough investigation and filing of the lawsuit must be done rapidly so as to be able to obtain sworn evidence from the injured worker while he or she is able to remember their work history, product identifications and testimony of the plaintiff’s condition and concerns.
The clients deposition (sworn testimony) may be done in the client’s home or even in a medical facility. In other cases, due to the advanced stage of this disease, a deposition or sworn statement may be impossible, and then other avenues are pursued to obtain the necessary evidence.
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