I have been exposed to asbestos and am not sick, but fear that I will eventually become ill as a result. Do I have a case?

Not at this time. For you to recover damages for emotional distress for future illness, you have to be suffering from a current illness that may worsen. Being worried about future illness while you are still well does not rise to the level of emotional distress necessary for a lawsuit – many people are worried about becoming ill in the future, but they don’t have grounds to sue anyone based on that.

A recent United States Supreme Court case, Norfolk & Western Railway Co. v. Ayers, held that the plaintiffs, who were already sick with asbestosis from asbestos exposure, could also receive damages for emotional distress based on the fact that roughly 10% of patients with asbestosis develop, and die from, mesothelioma. The Court excluded those who had been exposed to asbestos but were not yet sick, stating that to do otherwise would be to open the claims up to unlimited and unpredictable numbers. The Court also found that there needed to be both a serious and genuine fear of developing a more serious disease, and that this might preclude liability on this issue in the future.

Therefore, since you are not currently suffering from any asbestos related illness, your best plan right now is to document any asbestos exposure that you suspect you have had, where you were exposed, and for how long.

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Case Studies: Legal Scenarios and Their Outcomes

Case Study 1: Asbestos Exposure and Potential Future Illness

John Doe worked in a construction company for several years, where he was regularly exposed to asbestos. Despite not experiencing any symptoms or illness at present, John is concerned about the potential long-term effects of asbestos exposure. He wonders if he has a legal case.

In a similar case, Jane Smith was in a similar situation. She had been exposed to asbestos during her employment in an old building but had not developed any illness. Jane filed a lawsuit against her former employer, claiming emotional distress and the fear of developing asbestos-related diseases.

The court ruled that, in order to recover damages for emotional distress based on future illness, the plaintiffs needed to have a current illness that may worsen. Worries about potential future illness, without any current illness, were not sufficient grounds for a lawsuit. As a result, Jane’s case was dismissed.

Case Study 2: Asbestos/Mesothelioma-Related Harm

Sarah Thompson worked in a shipyard for several years, where she was exposed to asbestos. After retirement, Sarah was diagnosed with mesothelioma, a cancer caused by asbestos exposure. She believes her illness was a direct result of her exposure at work and seeks legal recourse.

In similar to Sarah’s, Michael Johnson was also diagnosed with mesothelioma after being exposed to asbestos during his career as a construction worker. Michael filed a lawsuit against the construction company responsible for the asbestos exposure. The court ruled in Michael’s favor, acknowledging that the construction company had failed to provide a safe working environment, resulting in Michael’s asbestos-related illness. Michael was awarded compensation for medical expenses, pain and suffering, and loss of income.

Case Study 3: Workplace Injury and Employer Negligence

Emily Davis worked at a manufacturing plant where she operated heavy machinery. One day, due to a faulty safety mechanism on the equipment, Emily’s hand got caught in the machinery, resulting in severe injuries. Emily believes that her employer was negligent in maintaining a safe work environment and providing proper training. She decides to pursue legal action against the manufacturing plant, seeking compensation for her medical expenses, lost wages, and pain and suffering.

In a similar case, James Anderson was injured in a workplace accident when he fell from a ladder due to improper maintenance by his employer. James filed a lawsuit against the company, alleging negligence and claiming damages for his injuries and related losses.

Emily’s case follows a similar trajectory. Through gathering evidence, including testimonies from co-workers and inspection reports, her legal team establishes that the manufacturing plant was indeed negligent in maintaining a safe work environment and ensuring equipment safety. The court determines that Emily’s injuries were a direct result of the employer’s negligence and awards her a settlement covering her medical expenses, lost wages, and damages for the pain and suffering she endured.