Lakewood, Colorado, boasts a rich history and a vibrant community. However, concerns about asbestos exposure linger within its charming neighborhoods and historic buildings. Asbestos, a once widely used building material, is now known to pose serious health risks. This raises questions for Lakewood residents: What are the legal implications of asbestos in my home or workplace? If I’ve been exposed, do I have legal recourse? This comprehensive guide explores these “Lakewood asbestos legal questions” to help you understand your rights and options.
What is Asbestos and Why is it a Concern?
Asbestos is a naturally occurring group of minerals known for their fire-resistant properties. In the past, asbestos was extensively used in building materials like insulation, flooring, ceiling tiles, and drywall compounds. However, inhaling asbestos fibers can lead to severe health problems, including lung cancer and mesothelioma, a rare and aggressive form of cancer. Due to these health risks, the use of asbestos in construction has been banned in the United States since the late 1970s.
How Might You Have Been Exposed to Asbestos in Lakewood?
Asbestos exposure can occur in various ways. Here are some common scenarios for Lakewood residents:
- Living in an older home: Many homes built before the 1980s may contain asbestos-containing materials (ACMs). Disturbing these materials during renovations or repairs can release asbestos fibers into the air, posing a health risk to occupants.
- Working in a building with ACMs: Commercial buildings constructed before the asbestos ban might contain ACMs. Workers in such buildings could be exposed to asbestos fibers through routine activities like maintenance or demolition.
- Environmental exposure: In rare cases, asbestos fibers can become airborne from natural sources or contaminated soil, potentially leading to unintentional exposure.
Identifying Potential Asbestos Hazards in Your Lakewood Property
If you suspect asbestos might be present in your Lakewood home or workplace, it’s crucial to take action. Consider the following actions:
- Hire a qualified inspector: A certified asbestos inspector can assess your property for the presence of ACMs. They will utilize specialized techniques to collect samples and analyze them for asbestos content.
- Maintain awareness of common locations: Asbestos was commonly used in insulation, flooring, ceiling tiles, textured paint, and drywall joint compounds. Focus your inspection on these areas, especially if your property was built before the 1980s.
- Avoid disturbing suspected ACMs: If you suspect asbestos is present, don’t attempt to remove or disturb the material yourself. Disturbing ACMs can release asbestos fibers into the air, increasing your risk of exposure.
What are Your Legal Options if You Believe You’ve Been Exposed to Asbestos in Lakewood?
If you’ve been diagnosed with an asbestos-related illness or believe you may have been exposed, you might have legal options. Here are some key considerations:
- Personal injury lawsuits: If your illness resulted from exposure to asbestos due to negligence or lack of safety precautions by a property owner or employer, you might be eligible to file a personal injury lawsuit. A lawyer specializing in asbestos litigation can help navigate the legal process and fight for compensation for your medical expenses, lost wages, and pain and suffering.
- Asbestos trust funds: Several asbestos companies have established trust funds to compensate victims of asbestos exposure. An attorney can assist you in determining if you qualify for compensation from these funds.
- Workers’ compensation: If you developed an asbestos-related illness due to workplace exposure, you might be eligible for workers’ compensation benefits. These benefits can help cover medical expenses and lost wages related to your illness.
- Important Note: The legal landscape surrounding asbestos exposure is complex. Consulting with an experienced asbestos lawyer in Lakewood is crucial to understanding your specific rights and options.
Finding the Right Legal Representation in Lakewood
If you’re considering legal action due to asbestos exposure, choosing the right attorney is essential. Here are some tips for finding a qualified lawyer in Lakewood:
- Seek experience in asbestos litigation: Look for attorneys who specialize in asbestos-related cases. These lawyers will have a deep understanding of the legal and scientific aspects of asbestos exposure and will be able to effectively represent you.
- Schedule consultations: Consult with multiple attorneys to explore your case. During these consultations, ask questions about their experience, fees, and approach to handling asbestos cases.
- Consider local resources: Lawyers familiar with the local court system in Lakewood and Jefferson County might be advantageous.
Frequently Asked Questions
Who can file an asbestos lawsuit?
Anyone who has developed an asbestos-related illness such as mesothelioma, asbestos-related lung cancer, or asbestosis can pursue legal action against the companies responsible for their exposure. Family members of someone who has passed away from an asbestos disease may also be able to file a wrongful death lawsuit.
What damages can be recovered in an asbestos lawsuit?
Asbestos lawsuits aim to recover damages for the harm caused by irresponsible companies. This can include costs of medical care, lost wages, pain and suffering, and in the event of a wrongful death, loss of companionship. The total compensation will depend on the specifics of your case.
How long is the statute of limitations for filing an asbestos lawsuit?
Every state has its statutes of limitations on asbestos claims. In Lakewood, there is a two-year statute of limitations on personal injury lawsuits and a three-year statute of limitations for wrongful death claims. However, some exceptions may apply in cases of asbestos-related diseases due to their long latency periods.
Do I need an attorney to file an asbestos lawsuit?
While it is possible to file an asbestos lawsuit pro se (without an attorney), this is not advisable. Asbestos litigation can be extremely complex, and insurance companies have extensive legal resources at their disposal. To have the best chance of success in your case, partner with an experienced asbestos attorney. They can properly investigate your asbestos exposure, determine which companies are liable, and fight for maximum compensation on your behalf.
Final Thought
If asbestos exposure in Lakewood causes illness for you or a loved one, don’t wait. Consult a Lakewood asbestos attorney ASAP. They’ll assess your case, explore liability options, and guide you through legal possibilities. An asbestos lawsuit could recover medical costs and improve your quality of life. While navigating the legal system might seem overwhelming, a skilled lawyer can handle the complexities while you focus on healing. Time limits apply, so act swiftly. With expert guidance and compassion, the right attorney can help you seek justice.