Maison Law represents victims that have developed silicosis and other lung injuries because of silica dust exposure across California. If you or someone close to you has developed these problems or passed away due to silica exposure, we’re here to help. Contact us today for a free consultation to learn more.
Do You Need a Lawyer?
Getting diagnosed with silicosis or any other lung disease is incredibly challenging, but it’s even harder when it happens because a company didn’t prioritize your safety. While you’re not required to hire a lawyer to file a claim for silica dust exposure, having us on your side can make the legal process much smoother for you and your family.
With our experience, we can help you by:
- Explaining the legal steps and your rights
- Gathering evidence and figuring out who’s responsible
- Negotiating with insurance companies and other lawyers
- Filing a lawsuit to help you get financial support
Silica dust exposure can lead to many health problems, and the more symptoms you have, the harder it is to make your way through the legal process. This is why working with our team could be a big help.
How Would You Able to File a Claim After Silica Dust Exposure?
If you’ve been exposed to silica dust and it’s affecting your health, you’ve got some legal options, especially if you can show that a company’s negligence is to blame. Basically, negligence is when someone didn’t take the care they should have, and that’s where things get tricky but also gives you legal rights.
Negligence in this situation is like any other injury, which gives you the option to file a claim for “damages,” whether that’s a lawsuit or insurance claim. However, you first have to show the following:
- Proof of exposure – You’ll need solid evidence that you’ve been exposed to silica dust, like work records or environmental reports showing you were in contact with it.
- Health impact – You’ll also need to prove that your health has been impacted because of the exposure, so having medical records that show your condition is key.
- Linking the two – Finally, you’ve got to connect the dots between the silica exposure and your health problems. This can sometimes mean bringing in experts or scientific proof to back up your claim.
With these points, you’ve effectively established “liability” for whatever injuries or health issues you’ve suffered. Various parties could be liable for the exposure, depending on the actual situation. Most of the time though, it’s going to involve:
- Employers – If a company or boss doesn’t provide safety gear, training, or proper ventilation, they can be blamed for exposing workers to dangerous silica dust.
- Product makers – Companies that make or sell materials containing silica (like concrete or sand) could be liable if they don’t warn people about the risks or make their products safe to use.
- Contractors – Contractors running construction projects may be responsible if they don’t follow safety rules or control the dust properly at the site.
- Property owners – If exposure happens on someone’s property, the owner might be responsible for not reducing the dust or warning people about the risks.
- Equipment makers – If faulty tools or masks contribute to the exposure, the companies that make those tools might share responsibility.
Basically, if any of these parties didn’t do enough to protect people from silica dust, they could be held legally responsible for any health problems that follow. This also means having to actually file a claim, though.
What Are Your Legal Options After Silica Dust Exposure?
Obviously, experiencing the various health issues that come from prolonged silica dust exposure is going to negatively impact you and your family. But the main reason that having legal options is so important is that it allows you to recover certain “damages” from whoever is responsible. Generally, you can do this either by:
- Filing an insurance claim
- Filing a personal injury lawsuit
Insurance claims are usually quicker, but given the scope of the issue, filing a lawsuit might be a better option in your situation. A lawsuit takes longer, usually, but gives you a better chance at making a full recovery since it’s overseen by a judge.
The amount you may recover depends on the injuries and harm caused by your exposure. However, once you file, you could be able to recover:
- Medical expenses and ongoing care needs
- Lost income from missed work or lost earning potential if you can no longer work
- Pain and suffering related to your illness
- Emotional distress you’ve gone through
- Costs relating to any reduced quality of life you experience
- Wrongful death expenses if your illness is fatal
Each case is different, but our experienced team can help you pursue the financial support that the law makes available to you. One key part of filing a lawsuit in California is the statute of limitations. You have two years from your date of diagnosis to file your suit.
Maison Law Stands Up for Victims of Silica Dust Exposure
Silica dust exposure brings serious health issues, creating daily challenges not just for those affected, but their entire circle of family and friends. At Maison Law, we understand the harmful impact this exposure has had on you and your loved ones. We believe that companies responsible for putting workers and the public at risk should be held accountable. Our team is here to explain your legal options and stand up for your rights every step of the way. Contact us today for a free consultation to get the legal process started.
