How to File an Asbestos Claim

An asbestos claim is a legal action brought against businesses that exposed a person to asbestos. The statute of limitations is a time period within which lawsuits have to be filed.

Asbestos lawsuits can be brought by living victims or their families. When a plaintiff passes away the estate representative of their deceased victim can continue the case as a lawsuit for wrongful death.

Work History

Asbestos sufferers must provide their lawyer with documents that clearly specify the date of their exposure to asbestos lawyers, the nature of their job was and for how long. This information will assist the lawyer establish a direct connection between exposure to asbestos and the illness of the victim. Without the proper evidence, an asbestos lawsuit may not be able to move forward.

Those who work in an industrial environment are more likely to be exposed to asbestos. However, this exposure also can occur in churches, schools and hospitals, military bases and in private homes. Asbestos is found in pipes, shingles, insulation, and fireproofing materials. Asbestos fibers can cause respiratory problems and diseases such as mesothelioma for those who are exposed to the material.

Many of the companies that manufactured asbestos knew of its dangers, but decided to keep the information secret. This was done to ensure the safety of the industry and to increase profits. It was not until the first asbestos lawsuits were filed that the companies began to compensate those who were diagnosed with mesothelioma and the other diseases due to exposure to asbestos.

A lawsuit against a business which manufactures asbestos can be a complicated process. It can be difficult to identify the parties responsible since asbestos is no longer used. There are however 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 all examples.

Trust funds for asbestos are typically responsible for compensating asbestos victims. These funds are set up to help injured victims receive compensation when the companies which exposed them have gone into bankruptcy. An experienced attorney who specializes in asbestos litigation can negotiate these funds to ensure the maximum amount of compensation.

Families of those who died from mesothelioma, or an asbestos-related illness, can file wrongful death cases. This type of lawsuit seeks damages for unpaid medical bills, funeral costs and loss of income. These lawsuits also seek to hold asbestos companies accountable for their negligence.

Testimonials

You can sue companies that put you at risk if you are diagnosed with mesothelioma or another asbestos-related disease. Your legal team will collect evidence to prove that the companies caused harm to you. This includes medical proof of your diagnoses and asbestos product identification. Since it is commonplace that plaintiffs have had exposure to different asbestos products throughout their lives A lot of lawsuits have multiple defendants.

A lawyer that specializes in mesothelioma cases will find the right defendants in your case even if they've been bankrupt. Young Conaway Stargatt & Taylor has been working on asbestos bankruptcy cases since more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases and helped to settle more than $2 billion in asbestos litigation.

In the past, law firms that specialize in asbestos litigation would approach clients and then "bundle" them together into groups to file lawsuits in bulk. The aim was to overload the judicial system and make lawyers richer. This biased approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. It also has drained funds which could have been provided to those who are likely to contract more serious illnesses in the future.

The current compensation systems in place require attorneys to group claims based on diagnosis. This has led to the reduction of mesothelioma claims being filed. These changes, along with the fact some states have enacted reforms in tort law that have led to the use of a more strict medical criterion and an inactive docket have led to a decrease in the number of new claims filed between 2004 to.

You can also make wrongful death lawsuits on behalf of relatives of a deceased loved one who died due to asbestos exposure. New York state laws allow families to file a legal claim within three years from the time they became aware (or should have known) of the injury. Other states have different statutes of limitations. New Jersey and Pennsylvania require legal action within two-years.

Statute of limitations

A statute of limitations is a law that sets an expiration date for filing an action in court. The deadlines vary by state. These deadlines usually are determined by the time that the victim was exposed to asbestos or diagnosed with an asbestos-related disease. There are several factors which could make it difficult to determine the correct rules.

Many asbestos-related exposure victims do not know they have been diagnosed with a disease until years after their initial exposure. This is due to the mesothelioma latency period and other asbestos-related illnesses. It is crucial that mesothelioma patients and their families file a lawsuit as soon as possible due to the latency period.

The time limit for a statute of limitations varies between states, but generally starts with the date of diagnosis. Certain states have different statutes for personal injury cases and wrongful-death claims. In general, wrongful death statutes of limitation are shorter than those for personal injury claims.

Asbestos patients and their families should hire a mesothelioma attorney as soon as possible. The lawyer will go over all possible sources of compensation for a client and advise on the best time, place and the best way to file. A mesothelioma lawyer can assist in cases where the statute of limitations has expired.

Mesothelioma lawyers can recommend options for obtaining compensation even in the event that the statute of limitations has expired for example, trust fund claims or other sources of financial aid. They might also be in a position to file the claim in a different state where the statute of limitations hasn't yet expired.

If the patient has not been diagnosed with mesothelioma or other cancers, the statute of limitations begins when they are diagnosed with a related condition, such as asbestosis or lung cancer. Some states have "discovery" statutes that have the same effect as a standard statute of limitations, but start at the time of the diagnosis instead of the first exposure.

Mesothelioma lawyers should always discuss the statute of limitations with their clients and loved family members. An attorney for mesothelioma can explain the law of the state and also the situations where a statute of limitation may be suspended or tolled.

Hire a lawyer

Asbestos lawyers know how to navigate the complexities of asbestos litigation. They work with other attorneys to ensure that your case receives the best possible outcome.

Asbestos claims are distinct from other personal injury claims. The exposure to asbestos attorneys was decades ago, and many of those companies have been closed or declared bankruptcy. The majority of the workers who were exposed do not even remember where they worked and it's difficult to pinpoint the places where they might have been exposed. This is where an experienced attorney is crucial since he or she can make use of the resources at his disposal to determine the name of the companies which were exposed as well as the dates they worked there.

Once the asbestos lawyer has an understanding of the location to which the individual was exposed and what they did in the area, he or she will then call in medical experts to examine the evidence and prepare reports about how the exposure to asbestos led to mesothelioma. It is essential that the asbestos attorney is able to establish the causation component of the case since without it, the victim may not be eligible for compensation.

A mesothelioma lawyer can be able to gather the information required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's employment and asbestos-related injuries, medical records, testimonies from other victims and more. In addition, a mesothelioma lawyer must be familiar with all of the different kinds of financial aid that is available to victims and their families. This includes disability insurance, health insurance insurance and Social Security benefits.

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