There has been increasing controversy surrounding an asbestos bill that, if passed, will change the asbestos litigation system. Today, individuals who suffer from asbestosis , mesothelioma or any illness related to asbestos exposure can file an individual asbestos lawsuit to seek compensation for their losses and medical bills.

The Fairness in Asbestos Injury Resolution Act

The Fairness in Asbestos Injury Resolution Act was proposed by Congress in 2006. Since its proposal, it has gone through various amendments to address different concerns and issues surrounding asbestos litigation.

If the proposed bill is passed, a $140 billion private trust fund will be developed and sufferers will no longer be able to file individual lawsuits. The private fund will be paid for by defendants and insurance companies involved in asbestos litigation.

Controversy surrounding the asbestos bill

The main concern surrounding the asbestos bill is that many individuals who suffer from an asbestos-related illness may not be given the appropriate compensation they deserve.

Those in favor of the bill, however, argue that sufferers will see quicker compensation if the money is sitting there ready to be distributed among the victims of asbestos exposure. Asbestos lawsuits can take years to settle, however, those arguing for the Fairness in Asbestos Injury Resolution Act say it will cut the time down dramatically.

If the bill is passed, individuals will submit their file directly to the fund and if they meet a certain medical criteria will be awarded appropriate compensation for their losses.

The proposed bill requires victims to meet much stricter medical criteria than those filing under current asbestos legislation, which individuals fear may compromise necessary compensation as well. Advocates of the asbestos bill argue that meeting stricter medical guidelines will only weed out those who are not really sick and help those waiting in line behind hundreds of false claims.

Those against the bill argue that it will not only jeopardize necessary compensation for sufferers, but it will also let the large manufacturing and industrial companies who are at fault for putting their workers at risk of asbestos exposure off the hook. Yes, they will have to pay a certain amount of money into the private fund; however, the amount will be far less than if each deserving victim files a lawsuit against them.

For more information on the Fairness in Asbestos Injury Resolution Act, please contact us directly.