If you are a victim of an accident one of the most frustrating things is how long it takes to actually get to a fair settlement. Insurance companies tend to delay cases in an effort to wear the victims down and settle the case for less. I have listed a two of the most common delays for the consumer/accident victim to be aware of.
The Insurance Company Drags Their Feet in Accepting Liability for the Accident
This can and does happen all of the time. Your phone call isn’t returned. Your FAX is lost. Nothing can happen in reference to you getting compensated by the at-fault party’s insurance company until they accept liability.
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We’re not here to point the finger at individuals or companies. We’re here to show how one incident on asbestos poisoning can establish principles and practices that affect the law of a country (in this case the United States) and a State (in this case West Virginia).
The plan was straightforward. The aim was to produce hydroelectric power. The result would be cheap and effective electrical generation. To create the power, they first dug a tunnel from Hawks Nest to Gauley Bridge. This was to divert the flow of the New River under the Gauley Mountain. The construction would need to have a dam built at the Hawks Nest end of the tunnel and the water would then flow through the new tunnel. It all sounds like one of those dream-come-true projects.
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It has long been known that inhalation of asbestos fibers leads to many severe, often chronic illnesses. These ailments can be serious: respiratory illnesses, such as asbestosis, lung cancer, and mesothelioma are among some of the most widely reported. Mesothelioma is a rare and often deadly form of lung cancer that has been linked directly to asbestos exposure. There are a host of separate health concerns, including asbestos warts, pleural plaques, and pleural thickening. Pleural thickening refers to the appearance of widespread scarring along the lining of the lungs, and is often seen in mesothelioma patients who have been exposed to asbestos fibers. This exposure often comes from individuals working in close proximity to asbestos; this happens either directly, such as in professions like mining, or indirectly through products containing asbestos. Indirect exposure occurs in industries like those involved in either the manufacture or production of building materials, especially insulation, roofing tiles, Heating, Ventilating, and Air Conditiong (HVAC), and flame-retardant materials.
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Q. Which State is the best for making an asbestos claim?
A. West Virginia is the best State.
Q. Will I always receive compensation?
A. You might be awarded compensation, but if the company goes out of business and bankrupt, you will find there is no money to pay you. You may need to check if the company has been taken over or bought out. It may mean tracing a number of company takeovers and find who is now liable for your asbestosis. Also, some companies have gone out of business but have left a trust fund to pay for asbestosis claims. Unfortunately due to some of the mass torts being filed there is little left for those with proven cases of asbestosis.
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Those who live in West Virginia are glad to be able to look out on unspoilt mountains and lakes. They are glad that the aim of the West Virginia State Senate is to protect the environment for the people who live in West Virginia. If you want to read it for yourself then take a look at http://www.legis.state.wv.us/WVCODE/22/code/WVC%2022%20%20-%20%201%20%20-%20%20%201%20%20.htm. You should just be able to click through the link and see what has been agreed in the past with its high aims and lofty ideals.
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