Asbestos-related diseases continue to show up in various forms in different areas. Especially in Pennsylvania, many individuals suffer from mesothelioma due to exposure to asbestos.
If you or a loved one suffer from mesothelioma, the road ahead may be hard and bleak. Thankfully, in the state of Pennsylvania, there are laws in place that may help in such situations.
Signs of physical impairment are strong factors in determining grounds for a mesothelioma case, in accordance with the Pennsylvania asbestos laws. Individuals who may bring a case initially due to exposure to asbestos may also bring another case in the future should they develop asbestos-related cancer. However, in order for the case to stand, individuals cannot just have pleural thickening; they must also have a physical impairment.
The type of liability that the courts hold a company to may affect the judgment or settlement amount that a plaintiff may receive. Under several liability, different parties are only liable for their portion of damages or harm. Therefore, if a plaintiff names several individuals or companies in a claim, one company is not responsible for payment of the other parties’ portions. In the case of successor liability, a company that takes over a company that is responsible for asbestos exposure must also assume the liability. However, they have limited responsibility to the fair market value of the previous company’s assets at the time of the merger.
The purpose of punitive damages is to discourage wrongdoing in the future. During a time when asbestos cases were being filed in large numbers, companies began filing bankruptcy to reduce settlement payments. Judge Richard Klein caught wind of this and began deferring punitive damage considerations, so that they may maintain their full weight. Even now, other judges may utilize this method.
These are just a few key factors of the asbestos laws in Pennsylvania. Take some time to review them for yourself so that you may understand how they may benefit your case.