In the mid-1960s, medical journals and scientists throughout the world published case reports and research documents linking asbestos exposure with mesothelioma cancer. Today, Oklahoma mesothelioma attorneys continue to fight valiantly to obtain compensation for their clients’ injuries and medical claims. In an attempt to halt the tide of corporations filing bankruptcy because of these claims, the United States Legislature is attempting to settle any present and future asbestos-related cases by setting up a trust fund to dole out token mesothelioma settlements.
Those in favor of the trust fund argue that this process would simplify the payment process and speed mesothelioma compensation to cancer sufferers. In many courts, mesothelioma victims wait years, and many die before the appeals process is completed. Mesothelioma injury Victims die without seeing a penny. Their estates are left with medical costs and the prospect of a possible future mesothelioma settlement for only a fraction of the bills. In some states, including California, laws have been passed to speed up the mesothelioma settlement process so that clients can benefit before they die.
The trust fund solution is problematic, however. According to the pending legislation, all current and future mesothelioma claims, would be settled through this process. Even those persons who have nearly completed the appeals process and have expectations of soon seeing some type of mesothelioma compensation would be forced to start again through the payment system developed according to the trust fund legislation. Future clients would face the prospect of waiting years, before all of these mesothelioma cases have been settled, before even being able to start their mesothelioma claims processes. Furthermore, the trust fund is poorly financed. Companies responsible for asbestos exposure would be forced to contribute resources to this fund.
Many of these businesses, however, have already reorganized under Chapter 11 bankruptcy proceedings. Moreover, the fund’s rules state that future companies filing Chapter 11 would have to contribute 50 percent of their resources to the fund. The problem with this is that 50 percent of nothing is still nothing. Additionally, companies that dissolve in bankruptcy would still be able to avoid any kind of mesothelioma lawsuits.
According to this bill, mesothelioma law proceedings such as those brought by Lia Rawlings would be dismissed. Rawlings claimed secondary exposure because her father and her husband wore home clothing contaminated with asbestos particles. All mesothelioma lawsuits claiming secondhand exposure would be automatically dismissed. Mesothelioma law firms would be unable to help these individuals. In effect, the trust fund would compensate only people who received direct exposure because of their occupation. Those who experienced asbestos exposure because of environmental pollution or secondhand asbestos exposure would have no legal recourse.
Oklahoma mesothelioma attorneys have long been encouraging clients who are able to file in other states to do so. This has been because the limitation on the amount of time which elapses between when a person is accurately diagnosed and the suit is filed must be less than two years. Now, however, they have an additional reason to encourage this; clients who file in states like California may even have a chance of receiving a mesothelioma settlement before this disastrous bill becomes the law of the land.
See how this victim of mesothelioma used this Texas Mesothelioma attorney to take care of the important things.