Are there any legal avenues available to those exposed to asbestos but not yet ill?
Yes, there are legal avenues available to those exposed to asbestos who have not yet become ill. In North Carolina, these individuals can pursue what is known as a "wrongful exposure" lawsuit. Such a lawsuit allows those exposed to asbestos to seek compensation for their potential future medical expenses, lost wages, and pain and suffering. In order to file a wrongful exposure lawsuit, the plaintiff must prove that the defendant was negligent with regard to the handling of asbestos and failed to provide a safe work environment for its workers. This can include failure to provide safety equipment or adequate training on the safe handling of asbestos, or failure to alert workers to the presence of asbestos in the workplace. To be successful, the plaintiff must also prove that his or her exposure to asbestos was the proximate cause of the harm suffered. That is, the plaintiff must prove that their exposure to asbestos was the cause of their potential future injury. The burden of proof is, of course, on the plaintiff; however, a skilled attorney may be able to help them build a strong case. Every case is different, so it is important to consult an experienced asbestos litigation attorney in North Carolina to discuss the specifics of the situation. An attorney can help to explain the legal options available and ensure the plaintiff is fairly and justly compensated for their wrongful exposure.
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