Iowa Mesothelioma Lawyer and Legal Information

Asbestos is still in the news in Iowa. Instead of workers against corporations, it is the Environmental Protection Agency (EPA) against developers. The EPA is considering whether or not to bring charges against a developer in Des Moines Iowa for not taking proper safety and abatement precautions when remodeling an old building. The EPA found asbestos fibers at the work site and in the offices of the developer which means that employees, and probably the public were exposed to asbestos.

If you have either mesothelioma or asbestosis, you have two years from the date of diagnosis to file a claim with the courts. Iowa does, however, treat asbestosis and mesothelioma as complete separate from each other. In other words, if you file suit against a company for contracting asbestosis, you can file another claim if mesothelioma shows up later.

Iowa Workers Compensation and Asbestos

In addition to personal injury lawsuits, Iowa workers who are disabled because of asbestos exposure may be eligible for workers compensation benefits, including survivors' benefits and payment of medical expenses. A number of cases heard by the Iowa Workers Compensation Commission have hinged on whether an asbestos-related disease is an occupational injury or should be considered a personal injury. The determination is based on the facts of the case. For instance, in a 2004 case (Wheeler v. Iowa Workers Compensation Commission), the husband of a woman who died of mesothelioma made a claim, alleging that the mesothelioma was due to exposure to asbestos at work. The commission ruled that Wheeler's death was compensable as a personal injury rather than an occupational injury because her exposure to asbestos was incidental to her work as a librarian. The commission ordered Iowa State University to pay medical and burial expenses, and to pay death benefits to the surviving spouse in the amount of $611.72 a week.

While there is a great deal of attention placed on multimillion verdicts in jury cases in personal injury lawsuits, an Iowa mesothelioma lawyer can also be vital in establishing eligibility for workers compensation benefits in cases where asbestos exposure is a factor.

Determination of Liability

The Iowa courts follow a system of modified comparative negligence - 51% in determining liability. Under a system of modified comparative negligence, a plaintiff may recover damages even if they are partially at fault in their own injury as long as that fault does not exceed 50%. In other words, as long as the defendants were at least 50% responsible for causing the injuries to the plaintiff, the plaintiff can still recover damages. If the plaintiff is judged to have 50% or less responsibility in his or her own injury, the damages ordered will be reduced proportionate to the percentage of fault. For example, if a plaintiff is judged to be 25% responsible for their asbestos related lung cancer because they were once a tobacco smoker, and the jury decides that damages in the case amount to $1,000,000, the plaintiff will be awarded $750,000 in damages.

The courts in Iowa use a modified joint and several liability rule in apportioning damages when there are multiple defendants. Under the Iowa modification, if a defendant is judged to be 50% or more at fault in the injury, joint and several liability applies. Defendants who are judged to be less than 50% responsible are subject to several liability only. That means that if a defendant is less than 50% liable, they will only be held liable to pay damages proportionate to their share of responsibility.

Iowa Asbestos Litigation - Verdicts and Settlements

While there have been few large asbestos verdicts of note filed in the Iowa courts, there are often confidential settlements reached between those who have asbestos-related illnesses and asbestos companies. Iowa residents have many options for compensation if they have been injured by asbestos. An experienced Iowa mesothelioma lawyer is the best source of information about the options available to you if you or someone you love has been injured by exposure to asbestos.

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