How to File an Asbestos Claim

A claim for asbestos compensation is a claim to receive financial compensation from the business or companies that are responsible for asbestos exposure. Patients diagnosed with mesothelioma or another asbestos-related illness may file for several types of claims.

Compensation damages are determined by the severity of your symptoms and the length of time that you have been suffering. You may be eligible for VA disability benefits.

Statute of Limitations

It is crucial to be aware of the statute of limitations when filing an asbestos claim. This is the amount of time you have to file a lawsuit against the responsible parties for your injuries. Each state has a different statute of limitations. The rules are similar across most states. The statute of limitations "clock" usually begins on the date that you knew or should have known that your injury was linked to asbestos exposure. This is typically the day you were diagnosed with mesothelioma or some other asbestos-related disease. For some injuries, like mesothelioma and asbestosis, it can take many years before symptoms of the illness appear. These illnesses are slow to show up because they develop slowly.

Unlike other personal injury cases mesothelioma cases are typically filed by those who have been exposed to asbestos for years. This means that the statute of limitations for mesothelioma cases is different from other kinds of cases. In many states the statute of limitations only starts when a person is diagnosed with mesothelioma. However, mesothelioma is an uncommon form of cancer and many patients are not diagnosed until a few months or even years after their first exposure to asbestos.

Asbestos patients should contact mesothelioma lawyers with the highest ratings as soon as possible. This will allow them to avoid missing deadlines which could be difficult for those suffering from a life-threatening illness.

In addition to the limitation period asbestos victims must be aware of the distinct laws of every state. This is because the state where the victim lives may affect their case, particularly those who have relocated since their exposure to asbestos. The location of the businesses which they worked for might affect their jurisdiction, and an attorney can assist them determine the best place to file.

The discovery rule is a different aspect that can impact mesothelioma lawsuits. This is a rule that allows the statute of limitation to begin when people discover their asbestos related injuries not when they are first diagnosed. This is important because mesothelioma may take a long time to show up, so many people won't even realize they have a disease until it is too late to make a claim.

Documentation

Mesothelioma victims and their loved ones may file for compensation through several types of legal actions or insurance. Each type of claim has its own specific requirements which must be met to ensure the asbestos victim or their family receives the entire amount owed to them.

An experienced mesothelioma lawyer will assist in determining the kind of claim that one can make. This includes identifying asbestos companies responsible for the exposure as well as collecting the necessary documentation to prove the connection between mesothelioma and asbestos exposure.

Documentation required for an asbestos claim typically includes medical records, proofs of exposure and work histories. The medical records must include a diagnosis of mesothelioma, or a similar asbestos-related disease. The record of the victim's employment history must state that they worked for a business that produced, sold or used asbestos-containing materials. The work history should contain the asbestos-related duties that were completed as well as the date of exposure.

The legal claims are based on strict liability, negligence or product liability. In the majority of lawsuits, asbestos companies are accused of not exercising reasonable care when creating and selling their product. This was particularly so when the companies were aware of the dangers that came with asbestos, asbestos compensation yet did not provide proper safety information to their employees or their customers.

In some cases punitive damages can be given. These damages are designed to penalize asbestos companies for their illegal actions and may add millions to a settlement. A skilled asbestos attorney knows how to secure additional funds and will fight for them if necessary.

A wrongful death suit is filed on behalf of the loved family members of a person who died from an asbestos-related illness. A wrongful death lawsuit may pay for funeral expenses, lost wages and other financial losses. It also gives the family peace of mind after the death of a loved one.

Expert Witnesses

Asbestos-related lawsuits typically involve experts, who are people who have the knowledge of skills, experience, or education in a subject matter. They provide information to a court that is not accessible to the general population. This is vital in proving a case, as asbestos-related illnesses are often complex.

In mesothelioma cases expert witnesses are essential to prove that you have this condition, as well as establishing that your exposure to asbestos was the direct cause. A mesothelioma attorney can help you locate the most qualified medical and economic experts to back your case.

Expert witnesses can provide important information about the use of asbestos in construction, the kinds of asbestos-related diseases that may occur and how they impact your life. They are frequently skilled in testifying in similar cases and have a high degree of credibility. Generally an expert witness will have qualifications in a relevant field, such as toxicology or medicine. They also have the ability to explain technical terms that an average person may not comprehend.

An expert witness can provide evidence during the trial to prove that materials disturbed during a remodeling process may contain asbestos or that shaking off contaminated clothing resulted in the release of fibers (in a claim for secondary exposure). They can also advise on matters pertaining to the testing of asbestos materials, such as the use of thermal imaging as well as the sealing of friable materials. Experts are certified as industrial hygienists or safety professionals, and have worked for insurance companies, municipalities and government organizations.

Your lawyer can also find experts in construction, occupational safety and health, as well as environmental management. They can assist with analyzing claims that involve construction defects, serious injuries, multifamily and business construction, sewers and roads, and multifamily and commercial construction. They can also assist with water damage assessment, mold inspection and sample collection. They can also provide information into asbestos exposure assessment as well as benzene exposure assessments and dose reconstruction, as well as other occupational safety issues. They are familiar with many construction materials like wood, concrete, masonry asphalt, plastics and metals.

Filing

It is crucial to file an asbestos claim if you or someone close to your heart has been exposed to asbestos. These claims compensate for medical expenses, lost income and funeral costs. The process can be complex and lengthy. It is recommended to consult with a mesothelioma lawyer who has prior experience. An experienced lawyer is familiar with asbestos laws of the state and can advise on the best way to recover the financial compensation.

There are two kinds of asbestos lawsuits, personal injury and wrongful death suits. Personal injury suits are filed when an individual is still alive and are typically governed by the date of diagnosis. Families file wrongful death suits when a loved one dies from an asbestos-related disease.

Asbestos-related victims can also make a trust fund claim to be compensated by the companies responsible for their toxic exposition. These claims are filed when a person has been diagnosed with asbestos-related ailments such as lung cancer or mesothelioma. These cases usually involve multiple trusts because different companies produced and sold asbestos-containing product.

A seasoned attorney can submit a claim to the asbestos lawyer trust fund. The attorney can access a database which can pinpoint the companies who exposed each person. This is important since it lets the attorney know all legal avenues that could be used to pursue compensation on behalf of the client.

Additionally, an attorney will file a lawsuit against any companies that failed to inform asbestos settlement victims of the dangers associated with their products. These lawsuits are known as "failure to warn" suits, and they are based on the idea that asbestos companies knew their products were dangerous, but did not include warnings on product labels or inform workers about the risks associated with exposure.

Regardless of the kind of lawsuit filed an experienced mesothelioma attorney will be able to collect evidence of an asbestos exposure history, assist with filing a lawsuit within the time limit and ensure that a victim is awarded fair compensation. This includes compensatory damages, punitive damages, court fees and interest on any claim that is not paid amount.