Grieving Family Seeks Compensation in an Asbestos Related Death

The Jacob family, comprised of Audrey, Reginald, and Hilton Jr., are taking legal action on behalf of their deceased father, Hilton Jacob Sr. He died as a result of complications associated with lung cancer. According to the family, Hilton Sr., a Louisiana resident, was exposed to asbestos during the 10 years he worked for Johns Manville as a general laborer.

The family is accusing Johns Manville of requiring Hilton Sr. to work with dangerous asbestos without providing proper safety equipment and without providing warning of the potential health hazards that the asbestos presented. The family is also accusing the defendant of selling a product that they deemed to be unreasonably dangerous.

The family of Hilton Sr. is looking for an unspecified amount in damages for things ranging from the physical suffering that Hilton experienced, their mental pain and suffering, medical expenses, loss of income, loss of affection, and loss of society.

The Jacob family along with their attorney began in the legal proceedings on August 26, 2014.

What Is Civil Law?

There is a lot of discussion about civil law on social media and in the news. Because of this, there exists a lot of confusion regarding the definition of personal injury law and civil law. In its most basic form, civil law is designed to serve as a way for an individual who has been damaged to seek financial compensation for their damages. Unlike criminal law, in civil law the government is not looking to punish or incarcerate the accused.

In civil lawsuits, such as those connected to illnesses that came from exposure to asbestos, time is of the essence. The law limits the amount of time a person has to file a civil claim of this sort. Not all civil law attorneys are familiar with the ins and outs of suits pertaining to asbestos. For this reason, it is essential that anyone filing this type of suit thoroughly research the attorney they are going to hire.

The Role Negligence Plays in Civil Law

In most cases, civil law revolves around the accusation of negligence on the part of the defendant. This means that the defendant engaged in activities that put others at risk. During a personal injury suit, the plaintiff must make it clear that the defendant engaged in activities that any reasonable individual would have understood to be dangerous, and as a result of that negligence, someone was injured.

Examples of negligence would include situations like those mentioned in the above experience. Most reasonable individuals would accept that a construction company that knowingly allowed their workers to interact with dangerous asbestos, and a company that did so without providing safety equipment and warnings, is acting in a negligent way.

Medical malpractice is another example of negligence. Medical professionals are expected to have a level of training, a level of composure, and a level of professionalism that would prevent them from engaging in medical negligence that would lead to an individual being injured or losing their life.

Damages Paid in Civil Law

Once it becomes clear that the defendant acted in a negligent way and that their negligence led to the plaintiff being injured, the defendant will be required to compensate the plaintiff for their injuries.

When looking at the case of the Jacob family, some may be surprised to see that the family is seeking damages for loss of affection and loss of society. However, according to personal injury law, damages can be received not only for quantifiable expenses such as medical bills, but they can also be received for things like emotional damage and loss of companionship.