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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?
Health care insurers can be repaid from a personal injury settlement
It's quite common. Most health insurance policies now have language that allows the insurance company to be repaid for the amount paid out on medical bills if the insured person gets a personal injury settlement. Depending on the law in your state, your daughter may be able to deduct attorney's fees and costs from the total amount owed to her health insurer.
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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:
Medical malpractice is the failure of medical professionals to provide adequate treatment resulting in a personal injury or substantial loss of income.
Alternative Dispute Resolution
Definition:
An arbitration is a legal hearing, less formal than a trial, in which each side in a lawsuit or dispute offers evidence and testimony to a neutral hearing officer (the arbitrator). The arbitrator is typically an experienced attorney or a retired judge.
Compensatory damages
Definition:
Which measure actual dollar-value losses for such things as medical expenses, lost income, loss of future earning capacity, etc.
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