When most people think of asbestos injuries, they think of the workers themselves who suffered harm. This is for good reason. Millions of workers have been injured and killed by asbestos-related injuries. But so have their family members and friends.
Secondary exposure is one of the biggest hidden threats of working with asbestos. Workers can take the fibers home on their hair, clothes, and other personal items. You may never have worked with asbestos yourself directly, but the family member who did could have exposed you. The company that exposed you all could still be responsible for your harm as well.
At Edward O. Moody, P.A., we our asbestos injury attorneys know how to handle your case. We understand the challenges involved and how to investigate your claim. We help you pursue compensation for your secondary asbestos exposure. Schedule your meeting today to learn more.
How Secondary Exposure Happens
How does secondary exposure even happen? It can be much more pervasive an issue than most people think. Asbestos fibers cling to people’s jackets, uniforms, and even work boots. This is then released into the home environment. It can also be inhaled while doing laundry.
Vehicles and home furniture also become a resting place for many of these fibers. When you get into close contact with them, you can inhale the fibers. Even a hug could be the reason you were exposed. Hugging your family member after they got home from work could have exposed you to asbestos fibers.
Even minimal exposure can be dangerous. Medical research shows that asbestos fibers are microscopic, durable, and can remain in the lungs for decades, eventually causing disease.
Legal Rights of Family Members in Arkansas
People hurt by secondary exposure have rights to sue under Arkansas law. This includes through personal injury claims, or wrongful death actions. If you are a family member who developed an illness because of secondary exposure, you could have the right to file if you prove:
- The source of your secondary exposure
- That the exposure caused your illness
- That the liable party was negligent or failed to warn you about the asbestos hazard
More and more states and courts recognize that employers should have warned about the dangers of asbestos fibers leaving the workplace. This can help you establish your claim and win compensation.
Who Can Be Held Liable for Secondary Exposure?
Parties that could be liable include:
Employers
The company that exposed workers and their families to asbestos could be required to pay for the harm they caused. This is especially true if they failed to provide adequate safety for secondary exposure.
Manufacturers of Asbestos-Containing Products
Businesses that made products that contained asbestos could face liability for putting those products into the market.
Premises Owners
Property owners that allowed asbestos hazards on their sites could be responsible for both direct and secondary exposure.
Challenges in Secondary Exposure Claims
Secondary exposure claims are very complex. They require you to prove how you were exposed to the asbestos and that it caused your illness. This requires complex medical and expert testimony.
The latency period between your exposure and your illness can also be a problem. Your illness could develop decades later, making it hard to definitively prove that you were exposed. However, even with these challenges, successful claims have occurred throughout the country, including right here in Arkansas.
Compensation Available
Family members who file asbestos claims in Arkansas may seek compensation for:
- Medical expenses
- Costs of ongoing treatment
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Loss of consortium (impact on family relationships)
- Funeral and burial costs in wrongful death cases
Present Your Secondary Asbestos Exposure Claim in Arkansas and Seek the Compensation You Are Owed
Secondary exposure is still a serious risk. It could have happened years or even decades ago, and you’re just now feeling the symptoms. For others, the exposure could be much more recent. We help you investigate your claim and determine who should be liable for your injuries.
Let the dedicated secondary asbestos exposure attorneys at Edward O. Moody, P.A. review your case. Contact us today for a consultation.