Businesses Spend Excessive Money And Effort Defending Claims With No Basis
The difficulty lies in the question of what the legislature can and should do to
attempt limiting asbestos and silica lawsuits, and this question has been raised in the state affairs committee hearing.The answer to the asbestos problem may lay in the hands of a freshman house member, and medical doctor, who has authored a new senate bill that will hopefully be able to take care of the many difficulties business face when it comes to fraudulent claims.
These supporters have long complained about personal injury lawyers and mercenary trial lawyers who often take advantage of potential victims, usually with the assistance of friendly doctors who will provide liberal readings of x rays. They also say businesses are using huge amounts of money to defend themselves against fake claims.
Recent changes in tort law, in which a single judge is responsible for all new asbestos cases in the state, inspire personal injury lawyers to say there isn't a need for legislative action. But, unreasonable claims are still being submitted, and some personal injury lawyers are now using the newest exposure claims, which is silica.
Companies have asserted that true injuries could be distinguished from meritless claims by forcing plaintiffs to demonstrate substantive damage resulting from asbestos contact, and not just produce an x-ray image.
In order to enact these changes, a bill has been proposed that would modify the bar association's proposal to require people who want to make an asbestos case to meet a very detailed set of medical standards, including but not limited to an x ray, breathing test and full doctor's examination before they are allowed to file a lawsuit.
If workers have been exposed, but can't show damage yet, they will be protected under the bill, as well. First, the two year statute of limitations for exposure cases would be put on hold.
If a worker had been previously blocked from filing a claim but later developed symptoms that were severe enough to pass the medical requirement, they would be able to sue regardless of how much time had elapsed.
The second measure of protection is that insurance companies would no longer be able to deny coverage to any worker who had been exposed to asbestos.
Critics say that though the bill does have good safeguards, the medical standards are much too high and much too rigid.
This new proposal would mean keeping the medical standards at their current level, and allowing workers to sue, but also allowing for a judge to refer the claim elsewhere to discuss its validity ahead of time.
The intent of the bill is not to curb the rights of workers, but is instead to cut back on the wasteful claims that flood the courts.
Some house members have noted that if doctors are already creating false medical reports to boost claims, then altering the medical standards will do nothing to fix the problem. After all, the doctors could continue lying about a different set of regulations just as easily.
Whichever side you support, there is an obvious need for the state to eliminate these deceitful claims before they clog up the courts.
Workers who have a real, true claim should be able to have their claims processed as soon as possible. The house member's amendment applies to the house bill, but he believes his idea is deserving of senate consideration as well.
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