South Carolina Asbestos & Silica Claims Procedure Act of 2006: What You Need to Know

One of the most important pieces of legislation enacted with reference to asbestos-related illnesses is the South Carolina Asbestos & Silica Claims Procedure Act of 2006. What you need to know is that this act outlines important legal requirements for addressing individuals who have developed adverse medical conditions from asbestos and silica exposure and what it could mean for your situation.

South Carolina Asbestos & Silica Claims Procedure Act of 2006: What You Need to Know

Asbestos and silica are naturally occurring minerals that can cause serious health problems, even with limited exposure. Asbestos has been linked to mesothelioma, a fatal form of lung cancer that can incubate for years or even decades before causing noticeable symptoms. Asbestos can also cause asbestosis, a chronic inflammatory disease of the lungs that entails multiple severe symptoms. Silica exposure can cause silicosis, another very serious disease.

The South Carolina Asbestos & Silica Claims Procedure Act of 2006 was enacted in response to thousands of asbestos and silica-related illnesses and deaths in the state over the past few decades. The intention of this legislation is to provide a legal framework for individuals adversely affected by these substances and provide a clearer path for their recoveries. This act also includes provisions aimed at streamlining such cases.

One of the most important aspects of the South Carolina Asbestos & Silica Claims Procedure Act of 2006 is the two-disease provision. This aspect of the act allows an individual to file a claim for asbestos or silica exposure, resulting in a nonmalignant condition, but if they later develop any type of cancer from their exposure, they will be allowed to file a second claim. This is due to the fact that exposure to these substances often causes multiple medical conditions at different times.

This law also sets forth clear expectations for filing such claims. This means that if you intend to file any type of claim for asbestos or silica exposure, you will need to produce medical documentation that shows the extent and severity of your illness, and you must also be prepared to show proof of how, when, and where you were exposed to the substance. An experienced attorney will know how to meet the criteria necessary for filing your claim.

The South Carolina Asbestos & Silica Claims Procedure Act of 2006 also includes special rules designed to streamline these cases, reducing the time a claimant must spend in litigation before recovering compensation. This is due to the fact that once an individual has been diagnosed with mesothelioma or other malignant cancer from asbestos or silica exposure, they may not have much time left. Many such diseases only appear noticeably once they reach critical stages.

Your mesothelioma lawyer in the state is your best resource for explaining the South Carolina Asbestos & Silica Claims Procedure Act of 2006 and what you need to know for your individual case. The team at Wallace & Graham, P.A., has years of experience handling these claims, and we are ready to help you navigate your impending legal proceedings as efficiently as possible.

FAQs

Q: How Do I File a Claim for Asbestos Exposure?

A: If you intend to file a claim for asbestos exposure, the South Carolina Asbestos & Silica Claims Procedure Act of 2006 includes various terms, restrictions, and rules that you must know to ensure the greatest chances of success with your claim. Generally, you will be required to prove that you were exposed to asbestos, developed a medical condition from the exposure, and that another party is directly responsible for your exposure.

Q: What’s the Difference Between Silica and Asbestos?

A: The main difference between silica and asbestos, aside from their chemical differences, is how they can cause adverse health problems with exposure. Asbestos particles are very light and can be easily respirated into the lungs. Silica exposure typically causes health problems after direct physical contact with particles that make their way inside the body. Asbestosis and silicosis are both very serious health conditions that can cause a wide range of severe symptoms.

Q: What Damages Can I Claim for Asbestos or Silica Exposure?

A: The damages you can claim for asbestos or silica exposure are likely to include various forms of economic losses, such as your medical expenses and lost income. Additionally, you can seek compensation for lost future earning capacity if you will not be able to return to work due to your diagnosis. You may also be able to collect compensation for pain and suffering. Your attorney can help you determine the full potential value of your claim.

Q: Do I Need a Lawyer to File an Asbestos or Silica Injury Claim in South Carolina?

A: It is wise to work with a lawyer to file an asbestos or silica injury claim in the state. It is very difficult to succeed with these cases for multiple reasons, and you need an experienced attorney’s help to ensure the greatest chance of success with the recovery efforts you attempt. Your lawyer can help you determine the optimal path to recovering your damages and help you navigate any specific legislation that applies to your case.

Q: How Long Will It Take to Resolve an Asbestos or Silica Claim in the State?

A: The time required to resolve an asbestos or silica claim in the state depends on multiple variables. However, the South Carolina Asbestos & Silica Claims Procedure Act of 2006 includes mechanisms designed to expedite these cases for certain claimants. For example, courts are allowed to speed up litigation at their discretion, and this is typically done for claimants who have been diagnosed with terminal mesothelioma.

The team at Wallace & Graham, P.A., has the experience and resources necessary to answer all your most important legal questions concerning the South Carolina Asbestos & Silica Claims Procedure Act of 2006. What you need to know if you have grounds for any such claim is the value of having the right attorney on your side. Contact us today to schedule a free consultation with our team and learn how we can assist with your case.