Can I recover damages if I have been exposed to asbestos, but do not have an asbestos-related illness?

It is possible to recover damages if you have been exposed to asbestos without having an asbestos-related illness in California. Generally, in order to recover damages, an individual must show that they have suffered some type of injury or illness due to asbestos exposure. In California, under certain circumstances, an individual may claim damages from a negligent party even if they do not currently suffer from a recognized asbestos-related disease. This is known as a ‘fear of cancer’ or ‘disease in fact’ claim. In such cases, the plaintiff must prove that a negligent party exposed them to asbestos and that the exposure created a significant risk of developing an asbestos-related disease in the future. If the plaintiff can prove these facts, the court may award damages to cover costs associated with medical monitoring, such as frequent tests and scans. The court may also award damages for the plaintiff’s emotional distress and suffering associated with fear of developing an asbestos-related illness. Additionally, punitive damages may be awarded if it is found that the negligent party was particularly reckless in exposing the plaintiff to asbestos. It is important to note that every case varies and, as such, an individual should consult with an experienced attorney to determine if they are eligible to recover damages.

Related FAQs

What kind of medical treatment is available for victims of asbestos-related illnesses?
What type of communication should I expect from an asbestos attorney?
What are the legal rights of a person filing an asbestos-related lawsuit?
What type of compensation can I seek in an asbestos-related lawsuit?
Are there any other types of damages available in an asbestos-related lawsuit?
How does an asbestos defendant determine liability?
What are the legal rights of victims of asbestos-related diseases?
Are there any time limitations on filing an asbestos-related lawsuit?
Where can I find an experienced asbestos attorney?
What are the medical tests used to diagnose asbestos-related diseases?

Can I recover damages if I have been exposed to asbestos, but do not have an asbestos-related illness?

Related FAQs

Related Blog Posts