Courts Are Tired Of Fraudulent Claims

At a hearing held by the state affairs committee

, the subject of possible legislative limits on asbestos and silica litigation occurred. 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 lobbyists are alleging that too many people get taken advantage of personal injury attorneys, who tend to be greedy and self-promoting. They can't do this, of course, without the help of doctors, who falsify or exaggerate X rays. Companies often find themselves spending their hard-earned money defending against baseless claims brought by such shady lawyers and supportive doctors.

There have been some shifts in tort law, which legislate that only one judge in the entire state will hear any new case regarding asbestos. Thus, many personal injury attorneys claim there is no need for any laws limiting cases since this tort will clear this up. However, in spite of their defense personal injury lawyers continue to create these fraudulent claims and are now particularly fond of a new variety which focuses on silica exposure.

The argument from businesses is to separate fraudulent claims from serious one by a requirement that claimants show proof they really sustained physical damage or effects due to being exposed to asbestos, not just damage that shows up on an X-ray. This would mean the bill being proposed would have to adopt, and modify, the bar's recommendation that state a claimant meet specific medical standards before they would be allowed to proceed with their lawsuit, including a breathing test, X-rays, and exam by a doctor.

The legislation would incorporate a pair of safeguards for those who can claim asbestos exposure, but have yet to suffer physical manifestations. One measure is that the typical two year statute of limitations is not applicable. A worker prevented from opening a claim who experiences severe symptoms would still be able to file a lawsuit regardless of time passed. Also, the bill would ban insurance companies from denying coverage to workers that had previously had medical tests indicating a harmful exposure to asbestos.

Many of these important safeguards are there to protect people, but some believe these medical standards are simply too strict. While this newer proposal would make sure medical standards are kept current so a worker can sue, it would still mean a referral is needed from a judge for determination of it's actual medical merit. The purpose of these laws is to preserve the rights of the workers, while simultaneously sifting out the fraudulent claims to keep our justice system working at a speedy rate.

The house members have said that they believe there are doctors out there who lie about their medical standards, and that raising the standards of medical proof will not actually solve the problem as it stands. This bill wouldn't keep doctors from lying in order to meet the new, higher standard. The state must find a way to reduce claims that do nothing more than waste the court's time so that justice can be meted out more quickly to those who truly need the court's aid. Workers that actually have meaningful claims should hope to see their cases heard sooner. The specific amendment under consideration would only apply to the current house bill, but the house member feels it should be examined in the senate as well.

by: yasminanabel

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