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Fairness In Asbestos Injury Resolution Act Of 2005
An overview of H.R. 1360, the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005, as introduced by Representative Kirk on March 17, 2005. H.R. 1360 would create the Office of Asbestos Disease Compensation, within the Department of Labor, to award damages to asbestos claimants on a no-fault basis. Damages would be paid by the Asbestos Injury Claims Resolution Fund, which would be funded by companies that have previously been sued for asbestos-related injuries, and by insurers of such companies. Asbestos claims could no longer be filed or pursued under state law, except for the enforcement of judgments no longer subject to any appeal or judicial review before the date of enactment of the bill.
Claims of asbestos-related injury have flooded the courts since the 1970s, but litigation has proven to be an inadequate means to resolving all such claims. The Supreme Court has twice struck down attempted global asbestos settlements,1 in both instances inviting Congress to craft a legislative solution.2 In response, various bills have been introduced in past Congresses,3 although none has passed.
On March 17, 2005, Representative Kirk introduced H.R. 1360, the Fairness In Asbestos Injury Resolution (FAIR) Act of 2005. The bill would "create a privately funded, publicly administered fund that will provide compensation for legitimate present and future claimants of asbestos exposure."
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Did You Know?
The term "bodily injury claim" usually refers to a "personal injury claim".
Economic damages" would include, but aren't limited to: Lost wages, Medical bills, Rental car expenses, etc.
General damages include: Pain, Suffering, Humiliation, Distress. If you settle your bodily injury claim, it must include all the types of damages available to you, or you'll likely lose your right to recover for those losses.
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Latest news about injury cases in San Jose and nationwide:
Law Was Intended To Strike
Over the last year there has been much public discussion on "Sidewalk Lawsuits". This type of claim, historically the most common personal injury c... Read more >
Definition:
Wrongful Death is defined as the death of an individual as a direct result of the negligence of another individual, company, or entity.
Punitive damages
Definition:
Also called exemplary damages, which are designed to punish a defendant whose behavior in causing the plaintiff's injuries was especially egregious.
Basilar fracture
Definition:
A break in bone at the base of the skull. About a half of basilar fractures are caused by bicycle or motor vehicle accidents, about a quarter by falls, and a tenth by recreational activities, particularly by diving accidents.
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