At the Law Offices of Wallace & Graham, we receive many calls and emails asking whether a property owner may be held liable for compensating a building tenant or resident for contracting mesothelioma due to asbestos used in the building materials. We thought we would use this blog post to discuss some of the most frequently asked questions and answers.
We have lived in the same old apartment building for many years. My husband has been diagnosed with mesothelioma. Do I have the right to order an inspection to determine whether there may be asbestos present in the building materials?
Yes, if you sue for damages, part of the legal process will be a discovery of evidence. During this part of the lawsuit, the building owner may be required to provide an inspection report revealing whether asbestos was still present.
I have worked for many years in an old building owned by my employer. I have been diagnosed with mesothelioma. Do I file for workers’ compensation or file a lawsuit for damages?
Depending upon your circumstances, you may be able to file for both. Your employer’s North Carolina workers’ compensation insurance should cover medical treatment and a percentage of your lost earnings while you are out of work, at least temporarily. When your condition makes it impossible to work at any capacity, you may qualify for permanent disability. You also may be able to file what is known as a third-party lawsuit to seek damages from the material manufacturer.
Getting the benefits and compensation you need and deserve requires having an experienced mesothelioma personal injury attorney on your side. Call the Law Offices of Wallace & Graham to schedule a free consultation with one of our attorneys.