How to File an Asbestos Claim

A legal action is initiated against companies who exposed a person or a company to asbestos. The lawsuit must be filed within a specified time period, also called the statute of limitations.

Asbestos lawsuits can be filed by those who are alive or their families. If a plaintiff dies and their estate representative is appointed, they can continue the case as a wrongful death lawsuit.

Work History

Asbestos-related victims must give their lawyer documents that clearly state the time they were exposed asbestos, what their job responsibilities are and how long. This information will help the lawyer establish a direct link between exposure to asbestos and the patient's condition. Without the correct evidence, an asbestos lawsuit may not be able to progress.

Workers in a workplace are most likely to be exposed to asbestos. However, exposure to asbestos can occur in churches, schools and military bases, hospitals and in private homes. Asbestos can be found in pipes, shingles, insulation, and fireproofing materials. Asbestos fibers can cause respiratory problems and other diseases like mesothelioma among those who are exposed to the material.

Many of the companies that manufactured asbestos were aware of the dangers, but decided to keep this information quiet. This was done to ensure the safety of the industry and to increase profits. It wasn't until the first asbestos lawsuits were filed that these companies began to pay compensation to those who were diagnosed with mesothelioma and the other ailments due to exposure to asbestos.

A lawsuit against a business that produces asbestos can be a complicated process. It is difficult to determine the responsible parties since asbestos is no more in use. However, there are many laws that assist victims in identifying the companies that are responsible for their exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) as well as the Safe Drinking Water Act and Resource Conservation and Recovery Act are just a few examples.

Trust funds for asbestos are typically responsible for paying compensation to asbestos victims. These funds are established to help injured victims get compensation if the businesses responsible for their exposure have gone into bankruptcy. An experienced attorney who specializes in asbestos litigation can negotiate these funds to ensure the maximum compensation.

Families of people who died from mesothelioma, or another asbestos-related illness, may file wrongful death cases. This type of claim seeks compensation for unreimbursed funeral expenses, medical costs and loss of income for the deceased. These lawsuits are also designed to hold asbestos companies responsible for their negligence.

Testimonials

Once you have been diagnosed with mesothelioma or an asbestos-related illness, you can file a lawsuit against the companies that put you in harm's way. Your legal team will collect evidence to prove the companies that caused harm to you, which includes medical proof of your diagnosis as well as the identification of the asbestos product. Since it is commonplace that plaintiffs have been exposed different asbestos products throughout their careers A lot of lawsuits have multiple defendants.

A lawyer who is specialized in mesothelioma cases can find the right defendants in your case, even if they have gone bankrupt. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma lawsuits and has helped resolve asbestos-related litigation that amounted to more than $2 billion.

Firms that were specialized in asbestos litigation would "bundle" clients to file lawsuits in bulk. The goal was to overwhelm the judicial system and make lawyers richer. According to the U.S. Department of Justice this biased approach to litigation has hurt plaintiffs. It also has drained funds that could have been available to those who are likely to develop more serious illnesses in the future.

The current compensation systems in place require attorneys to group claims based on diagnosis. This has resulted in an enlargement of the number of mesothelioma lawsuits. These changes, as well as the fact that some states have implemented reforms to tort law that have led to in a stricter medical criterion as well as an inactive docket, have led to a reduction in the number of new claims filed between 2004 to 2006.

In addition to mesothelioma claims, you can claim wrongful death compensation for family members who lost loved ones because of asbestos exposure. New York law allows families to start lawsuits within three years from the date they learned (or should have known) of an injury. In other states, the statutes of limitation are different, with New Jersey and Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitations is a law that sets the deadline for filing a claim. The deadlines vary by state. The deadlines are typically determined by the time that the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. However, there are several aspects that can alter these rules.

Many people who have been exposed to asbestos do not realize that they are suffering from a disease for a long time following the initial exposure. This is due the mesothelioma's latency time, and other asbestos-related illnesses. It is essential that mesothelioma patients and their families file a lawsuit immediately due to the latency period.

The statute of limitation varies between states, but in most cases it starts with the date of diagnosis. There are some states with different statutes of limitation for wrongful death cases as opposed to personal injury claims. In general, wrongful death statutes of limitations are shorter than personal injury ones.

Asbestos victims and their families ought to consider hiring mesothelioma lawyers as soon as is feasible. The lawyer can review all of the potential sources of compensation for clients and provide advice on where, when and the best way to file. A mesothelioma lawyer may also help if the statute is expired.

Mesothelioma lawyers can recommend options for obtaining compensation even in the event that the statute of limitations has expired, such as trust fund claims or other sources of financial aid. They may be able to file the claim in a place where the statute has not expired.

If the victim is not diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed as having another related illness, such as lung cancer or asbestosis. Some states have "discovery statutes" that use the same rules as traditional statutes of limitations however they begin at the date of diagnosis, not exposure.

Mesothelioma attorneys should always discuss the statute of limitations with their clients and loved ones. A knowledgeable mesothelioma lawyer can provide state-specific laws, as well as specific circumstances where a statute of limitations may be extended or suspended.

Employ a lawyer

Asbestos lawyers are able to navigate the complicated asbestos litigation. They work with other attorneys to ensure your case has the highest chance of success.

asbestos attorneys claims are different from other personal injury cases. The asbestos exposure was decades ago, and many of those companies have been shut down or declared bankruptcy. Many times, those who were exposed don't even remember where they worked, and it's difficult for them to determine the locations in which they could have been exposed. A knowledgeable attorney can assist you with this because he/she will be able use the resources available to him/her in order to determine which companies were affected and when they worked for them.

Once the asbestos attorney has a better understanding of where the individual was exposed to asbestos and what they did, he or she will then call in medical experts to look over the evidence and prepare reports about how the exposure to asbestos triggered the mesothelioma. It is vital that the asbestos attorney is able to establish the causation element of the case as without it, the victim could not be eligible for compensation.

A mesothelioma lawyer will also be able to collect the information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information about the victim's occupation as well as asbestos-related injuries, and medical records. It also includes testimonials from other victims. A mesothelioma lawyer should be familiar with the various types of financial aid that are available to patients and their family members. This includes benefits from health insurance, disability insurance, and Social Security benefits.

Anyone diagnosed with mesothelioma or any other asbestos-related condition should consult an asbestos lawyer. A lawyer is capable of helping patients determine which type of claim is the best for them and help them file the appropriate documents. A mesothelioma lawyer can assist those suffering from other asbestos-related diseases to file for compensation. This includes trust fund and VA claims.