Asbestos litigation has generally been favorable to the plaintiff, although no one can predict the outcome of any specific case; most of those favorable awards are reduced on appeal, particularly mesothelioma when punitive or non-specific awards (i.e., pain and suffering, loss of consortium, etc.) are involved. Awards that can be quantified and documented (medical expenses, loss of income, etc.) are more frequently upheld.
In addition, those who have a diagnosis of mesothelioma with documentation by medical professionals have a much better chance of getting a judgment in their favor. The main reason is that mesothelioma has only one proven cause, whereas other forms of asbestos cancer, such as lung cancer, may be due to a number of causes. Asbestosis is another specific disease; however, the burden will be on the plaintiff to prove that the disease is actually asbestosis. Here again, a medically documented diagnosis will go far in getting a verdict in favor of the plaintiff.
Environmental Codes
As laws regarding litigation differs from state to state, so do the environmental regulations regarding its handling and disposal. In many states, any company planning to remove and dispose of asbestos must file reports and abide by several requirements; this may include private homeowners as well. In other states, such mesothelioma reporting requirements for private homeowners may be optional (although recommended); other states may have no such requirements.
A state's law may have very specific requirements for the handling of asbestos; any deviance from these requirements may necessitate the filing of a variance form, in which the contractor must explain why standard procedures will not be used, and how the job will be handled.
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