Silicosis
Lawsuit & Claim Information:
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.
SILICOSIS
CONTACT FORM
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