How Lawyers Can Help You With a Duncan Solutions Lawsuit
A Duncan Solutions lawsuit is a personal injury lawsuit against a defendant who refused to make safety regulations that would have protected the public from exposure to asbestos. Asbestos is a mineral that was widely used in the 1970s and has since been banned in most parts of the US. However, it still remains in many older buildings that pose health risks to individuals who are exposed to it. In these cases, Duncan Solutions has introduced a class action suit against the manufacturer of the asbestos, and the property owners who did not make safe their employees from being exposed to this dangerous substance.
This lawsuit is the second brought against the defendant by the lawyers of Duncan Solutions.
The first one was filed in June 2009 by Richard Legg, an American living in New York City. Mr. Legg was diagnosed with lung cancer and had to undergo surgery and chemotherapy treatment. His family wants compensation for the lost wages and the expenses they had to undergo. Also, they want to be compensated financially so that their son can continue his studies and to be a better husband and father.
The defendant, Behar Contractors, denied all responsibility for Legg’s condition. Yet, the family hired an attorney to prove that their son was indeed exposed to asbestos. Unfortunately, when Legg presented his case to the courts, the defense lawyers of the defendant said that he was not suffering from mesothelioma but rather the stress caused by his work. The court ruled in favor of the Leggs. He is currently undergoing treatment in a New York City hospital.
It is true that a lawsuit has been filed against the company responsible for exposing the workers to asbestos, but no one can be blamed for the accident.
There was no evidence that the manufacturer was aware of the danger it presented to the employees. They had no foresight whatsoever as to the possible consequences of their actions. However, the company was aware of the risk it presented. It is also very important to point out that despite the lawsuit, the government has yet to propose any law that would require employers to conduct regular background checks on their potential employees.
The lawyer handling the Duncan Solutions lawsuit feels that the reason why the plaintiff’s family has not been able to receive compensation is because the company was only one of the many manufacturers that produce this type of asbestos.
He says that there are approximately thirty manufacturers in the United States alone that produce more than eighty percent of the asbestos used in the construction. That percentage represents thousands of jobs that have been lost due to diseases caused by asbestos. The real problem is that more people will get sick from asbestos in the future, because it is a carcinogenic. Asbestos fibers are known to cause mesothelioma, which is a highly treatable form of cancer.
The government has yet to propose any law that would force an employer to check a prospective employee’s personal history before offering him a job.
No one has been able to show that checking the medical history of an applicant will improve his or her chances of avoiding contracting mesothelioma. However, if a company wants to make sure that it does not pick up a worker with a history of mesothelioma, they can simply do a background check. It is very unlikely that any current employees have had any mesothelioma. Any claim that a former employee has made regarding cancer is most likely fake, especially if the person is lying about having the disease in the first place.
A good lawyer can also help the plaintiff to get compensations that go beyond the normal compensation that one can get.
The typical settlement in a mesothelioma case is around one hundred dollars per month. The plaintiff’s family will not see more than fifty percent of that sum. If the lawyer gets much more, he can use it to pay for the medical costs his client will incur as well as for other expenses he might have incurred while pursuing the lawsuit.
Some lawyers also offer financial advice to their clients who have just started experiencing health problems brought about by their work. They may provide advice on how to handle stress and other psychological issues. In some cases, the mesothelioma lawsuit also serves as a negotiation tool for both the plaintiff and the defendant. The defendant offers a settlement; the plaintiff accepts. Such negotiations can amount to a lot of money, so only the experienced lawyer handling the case will know how to approach them.