FAIR Act designed to help asbestos victims

Asbestos-Victims

The Fairness in Asbestos Injury Resolution (FAIR) reform proposal, Congress Bill 852, will create a $140 billion trust fund for sufferers of asbestos-related illnesses such as mesothelioma. This cancer, which attacks the lining surrounding several different organs like the lungs and heart, is almost totally incurable even when caught early. It is also almost 100% caused by asbestos exposure, and usually affects people who have worked years with the substance.

The fund would cap the amount of compensation that a victim of asbestos-related diseases could recover. For example, someone with minor breathing problems may receive up to $25,000. Lung cancer sufferers, such as those with mesothelioma, would receive up to $1.1 million. In theory these victims would receive settlements faster – most mesothelioma patients die within the first two years and rarely live to see the end of their court cases. It is estimated that 100,000 people die in the United States every year due to asbestos-linked illnesses.

Currently there are more than 700,000 civil claims in the courts today related to asbestos inhalation injuries, and at least 77 corporations have been bankrupted by litigation. Part of the reason for the cap is to prevent more companies from going bankrupt while at the same time providing a “FAIR” settlement for those victims.

The dangers of asbestos are well known, and have been recorded back at least to the 1930’s. The naturally occurring mineral, mined and used primarily for heat-resistant materials, is fibrous and is easily inhaled. The sharp microscopic fibers can stick into lung cells, becoming a constant and ultimately destructive irritant to lung tissue.

Corporate America and the industrial sector have been aware of the dangers, but have not done enough to protect its workers from the carcinogen. That’s why many opponents of the cap say that it is unfair to the workers, and lets corporations off the hook too easily. In some cases the amount awarded under the cap does not even cover medical bills.

The bill passed in a Senate committee vote, but as of July 2005 it has not gone to the floor. Some issues, such as the controversial caps, will delay the bill. Corporations are also arguing over how much they must pay into the trust fund, with smaller companies claiming that their share is too large.

If you have been diagnosed with an ailment linked to asbestos exposure, contact an asbestos lawyer or personal injury attorney at Jim S. Adler & Associates. We offer a free case review and will help you work through the legal maze of liability, and make sure your rights are protected. FAIR Act or no, you still deserve fair compensation. At Jim S. Adler & Associates, we make sure you get it.

DISCLAIMER: The Texas law firm of Jim S. Adler & Associates, located at 3D/International Tower, 1900 West Loop South, 20th Floor, Houston, Texas 77027, is licensed to practice law in Texas. Nevertheless, the firm also works in conjunction with outside and local lawyers to litigate claims in other states as necessary, including the states of:

Jim S. Adler & Associates also has offices at City Place Building, 2711 North Haskell Ave., Suite 2100 LB40, Dallas, Texas 75204-2887; Bank of America, 12605 East Freeway, Suite 400, Houston, Texas 77015-5619 (serving Channelview, Texas); and San Pedro Plaza, 7330 San Pedro Ave., Suite 700, San Antonio, Texas 78216-6237.

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FAIR Act designed to help asbestos victims

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FAIR Act designed to help asbestos victims