Is A Mesothelioma â€" Asbestos Case a Wrongful Death Action?
Free Online Articles Directory
Why Submit Articles?
Top Authors
Top Articles
FAQ
AB Answers
Publish Article
0 && $.browser.msie ) {
var ie_version = parseInt($.browser.version);
if(ie_version Hello Guest
Login
Login via
Register
Hello
My Home
Sign Out
Email
Password
Remember me?
Lost Password?
Home Page > Law > Personal Injury > Is A Mesothelioma â€" Asbestos Case a Wrongful Death Action?
Is A Mesothelioma â€" Asbestos Case a Wrongful Death Action?
Edit Article |
Posted: Oct 30, 2009 |Comments: 0
|
Share
]]>
Ask a question
Ask our experts your Personal Injury related questions here...200 Characters left
Related Questions
I was hit from behind and have only 3rd party, fire and theft. Can I engage my insurance company to sort out the damage/claim with their insurance ?
If a person is told they have enzymes in the blood does that mean they will have cancer in the future?
I am a new nurse in home health two months and the DON took away my patient cases because she said she need a more experience nurse. I can understand but what did i do so terribly wrong
Is this sentence grammatically correct? Heterosexual couples have the right to make medical decisions for their spouse in case of hospitalization or incapacitated or if life- or- death decisions need
Syndicate this Article
Copy to clipboard
Is A Mesothelioma â€" Asbestos Case a Wrongful Death Action?
By: Thomas Ajava
About the Author
Thomas Ajava is with GeorgiaMesotheliomaSideEffects.com - where you can learn more about Mesothelioma side effects and legal developments reported in Georgia.
(ArticlesBase SC #1403041)
Article Source: http://www.articlesbase.com/ - Is A Mesothelioma â€" Asbestos Case a Wrongful Death Action?
The law is often described as being an area where there are a lot of black and white situations. The truth is this is rarely the case. One such issue arises with an asbestos-Mesothelioma lawsuit which faces the possibility of being a wrongful death action.
Asbestos is a miracle material. It is extremely heat resistant, which makes it a perfect insulator wherever heat is an issue. From the 1940s through the 1970s, this meant it was used heavily in everything from naval ships to roofing shingles to insulation in schools to the brake pads on your car. There was only one small little problem. It turns out breathing in asbestos fibers can lead to asbestosis [scarring of the lungs], lung cancer or Mesothelioma.
The classic Mesothelioma case is one where the plaintiff argues that they have picked up the cancer because they worked in an area where they were exposed to asbestos. The claims against manufacturers of the asbestos would be based on the legal theory of product liability. Claims against the companies that hired the employees, however, would more often be based on negligence or willful misconduct. Both theories could be brought in the same lawsuit and, in most areas, must be.
A legal issue that often arises is whether the action can be considered a wrongful death lawsuit. The issue arises because Mesothelioma is a very hard form of cancer to diagnose. This means that it usually is only discovered at a very late stage, one in which the patient may not have much time to live. In such a situation, the idea of filing a lawsuit is often the last thing on the mind of family members and things drag out. Once filed, however, the victim may ultimately expire during the case.
So, what happens? The courts in most jurisdictions tend to view the issue as splitting hairs. While they each handle it a bit differently, what is clear is the lawsuit is allowed to proceed and, if proven, the estate or surviving members of the family are allowed too recover against the defendants. Put another way, the defendants are not able to escape responsibility simply because the victim dies.
Retrieved from "http://www.articlesbase.com/personal-injury-articles/is-a-mesothelioma-asbestos-case-a-wrongful-death-action-1403041.html"
(ArticlesBase SC #1403041)
Thomas Ajava -
About the Author:
Thomas Ajava is with GeorgiaMesotheliomaSideEffects.com - where you can learn more about Mesothelioma side effects and legal developments reported in Georgia.
]]>
Rate this Article
1
2
3
4
5
vote(s)
0 vote(s)
Feedback
RSS
Re-Publish
Source: http://www.articlesbase.com/personal-injury-articles/is-a-mesothelioma-asbestos-case-a-wrongful-death-action-1403041.html
Article Tags:
mesothelioma, cancer, asbestos, wrongful death, sue, lawsuit, courts, death, damages, recovery
Latest Personal Injury Articles
More from Thomas Ajava
About the Hernia Repair Mesh Recall
If you pay attention to the news, you probably hear about product recalls all the time. Chances are likely that you've been a part of a recall, whether for a toy for your children, a part for your car, or another product you bought from a company.
By:
Gene Bristl
Law>
Personal Injuryl
Nov 11, 2010
Steps to Take After the Hit and Run Crash
These accidents that are hit and run cause severe injuries and sometimes death to the victim that is obeying all the traffic laws. Read more about your legal rights for free!
By:
Michael Ehlinel
Law>
Personal Injuryl
Nov 10, 2010
School Bus Crashesâ€"Could Seatbelts Make The Difference?
The advocates for seatbelts on school buses point out the fact that children no matter what age they are when riding in another motor vehicle are required to wear seatbelts. Find out more from Ehline Law Firm at 213.596.9642.
By:
Michael Ehlinel
Law>
Personal Injuryl
Nov 10, 2010
Motorcycle Riders Have a High Risk of Brain Injury
Motorcycle riders have a high risk of brain injury, because when involved in a collision they are thrown from the motorcycle on to the pavement, into the median wall, onto other vehicles, even when in a slow speed crash.
By:
Michael Ehlinel
Law>
Personal Injuryl
Nov 10, 2010
When Do You Need a Car Rollover Lawyer's Assistance
Like any other types of personal injury claims, not all car rollover accident cases require the help coming from a lawyer. The injured victims must first dig up their cases and try to establish some important facts before filing charges. Generally, simple cases may be settled through negotiations between the parties involved especially if the victims only sustained minimal damages, liability is clear and no other factors instigate conflicts.
By:
mesrianilawgroupl
Law>
Personal Injuryl
Nov 10, 2010
Wrongful Death Conditions and Remedies
Wrongful death is the loss of a person's life due to a party's negligence or carelessness. To site one general example, a raging bus rear-ended a car killing all its four passengers. In this case, the surviving family of the victims may file their wrongful death lawsuit against the bus driver and demand for suitable damages.
By:
mesrianilawgroupl
Law>
Personal Injuryl
Nov 10, 2010
Understanding the Tort Law
Although the United States tort law (also known as personal injury law) has several variations in every state, it should have any contradiction with what the U.S. Constitution provides. Any inconsistencies therefore would make it unlawful and would not gain authorization from the judicial courts.
By:
mesrianilawgroupl
Law>
Personal Injuryl
Nov 10, 2010
Know the Most Possible Causes of Car Accidents
With due consideration to the fact that one of the foremost personal injury claims and lawsuits in the U.S. involve car accidents, you have to be on your guard in preventing such occurrences.
By:
mesrianilawgroupl
Law>
Personal Injuryl
Nov 10, 2010
Health Alert â€" When Your Gallbladder Goes Haywire
Your gallbladder is probably the last thing you think of when it comes to health. Trust me when I say a gallbladder that goes bad has a way of grabbing your attention real quick. How does it do this? Pain!
By:
Thomas Ajaval
Healthl
Apr 08, 2010
lViews: 109
The Nature Of The Sagittarius
The Sagittarius is the ninth sign of the zodiac in astrology and a unique one in that. In this article, we take a look at the unique nature of the Sagittarius as it relates to the other signs and life in general.
By:
Thomas Ajaval
Spirituality>
Astrologyl
Apr 08, 2010
Inexpensively Upgrading Your Computer With Ram
The mechanical aspects of a computer are often mentioned as though they were something mystical. They aren't. You can pop the cover on your basic personal computer and see it is comprised of some basic parts. This also means you can upgrade the performance of it much like you can with a car â€" by going with high performance aftermarket parts.
By:
Thomas Ajaval
Computers>
Hardwarel
Apr 08, 2010
The Case For Getting A Pup
If you are considering getting a pet, I highly recommend considering a pup for your choice. People who have dogs for pets love them and they can really add to the quality of your life.
By:
Thomas Ajaval
Home and Family>
Petsl
Apr 06, 2010
Be A Capitalist When Looking For Auto Loans
The concept of capitalism has taken a bit of a beating the last few years, but that doesn't mean you should abandon it. The core element of the concept â€" competition â€" is something you must take advantage of if you want to get a good deal on a loan for your car purchase.
By:
Thomas Ajaval
Finance>
Loansl
Mar 31, 2010
Understanding The Moon In Astrology
Any discussion of astrology starts with the zodiac. Through time immortal, or at least the dating periods of our life[!], we have all known the twelve zodiac signs. That being said, the field of astrology involves so much more than just these. One issue that arises is whether you were born with the moon in your sign.
By:
Thomas Ajaval
Spirituality>
Astrologyl
Mar 30, 2010
Coming Up With Unique Gift Ideas For Men
From Christmas to birthdays to mother and father's days, the year is full of gift giving periods that require you to come up with some gift ideas. Most people groan when confronted with the task, but it doesn't have to be a brutal proposition. Let's take a look at some gift ideas for men.
By:
Thomas Ajaval
Shopping>
Giftsl
Mar 30, 2010
When To Go Whale Watching In California
California sits along the migratory routes for a number of different species of whales. This makes it a great place to go whale watching. That being said, certain times of the year are better than others particularly as it pertains to different types of whales. Let's take a closer look.
By:
Thomas Ajaval
Travel>
Exotic Locationsl
Mar 30, 2010
Add new Comment
Your Name: *
Your Email:
Comment Body: *
Verification code:*
* Required fields
Submit
Your Articles Here
It's Free and easy
Sign Up Today
Author Navigation
My Home
Publish Article
View/Edit Articles
View/Edit Q&A
Edit your Account
Manage Authors
Statistics Page
Personal RSS Builder
My Home
Edit your Account
Update Profile
View/Edit Q&A
Publish Article
Author Box
Thomas Ajava has 301 articles online
Contact Author
Subscribe to RSS
Print article
Send to friend
Re-Publish article
Articles Categories
All Categories
Advertising
Arts & Entertainment
Automotive
Beauty
Business
Careers
Computers
Education
Finance
Food and Beverage
Health
Hobbies
Home and Family
Home Improvement
Internet
Judaism
Law
Marketing
News and Society
Relationships
Self Improvement
Shopping
Spirituality
Sports and Fitness
Technology
Travel
Writing
Law
Bankruptcy
Copyright
Criminal
Cyber Law
Health and Safety
Immigration
Intellectual Property
Internet Law
National, State, Local
Patents
Personal Injury
Regulatory Compliance
Trademarks
]]>
Need Help?
Contact Us
FAQ
Submit Articles
Editorial Guidelines
Blog
Site Links
Recent Articles
Top Authors
Top Articles
Find Articles
Site Map
Webmasters
RSS Builder
RSS
Link to Us
Business Info
Advertising
Use of this web site constitutes acceptance of the Terms Of Use and Privacy Policy | User published content is licensed under a Creative Commons License.
Copyright © 2005-2010 Free Articles by ArticlesBase.com, All rights reserved.
Thomas Ajava is with GeorgiaMesotheliomaSideEffects.com - where you can learn more about Mesothelioma side effects and legal developments reported in Georgia.
Orignal From: Is A Mesothelioma – Asbestos Case a Wrongful Death Action?
Post a Comment