How to File an Asbestos Exposure Claim

An asbestos exposure claim forces asbestos producers to accept responsibility for their actions, which have harmed millions over decades. The process can help families of victims in receiving compensation for medical expenses, lost wages and funeral expenses resulting from asbestos-related illnesses.

The people who work with asbestos often bring fibers of asbestos to their homes on their clothing and skin, exposing their family to secondary exposure. This can cause mesothelioma and other asbestos-related illnesses.

Medical Records

It's important for patients diagnosed with mesothelioma or any other asbestos-related disease to have all the necessary medical records. These records will aid their lawyer prove that asbestos exposure caused their disease and that they are entitled to compensation.

The law requires that plaintiffs have an imaging scan, a pathology and doctor's statements tying the diagnosis with an asbestos-related illness. Lawyers also require a patient's employment history, which may include an inventory of jobs and companies. Workers who have been exposed to asbestos claiming for asbestos related illness prolonged periods of time, for example those in the construction industry, face higher risk of developing mesothelioma as well as other diseases.

A mesothelioma lawyer who is experienced can you claim for asbestosis after death also assist with getting additional evidence like a client's workers compensation claims, veterans' benefits and other financial accounts. These documents can give valuable information regarding asbestos products or employers.

If a person is diagnosed with mesothelioma through an expert physician, their attorney may bring a lawsuit for personal injury or wrongful death against asbestos product makers. The time limit for filing a lawsuit varies between jurisdictions. In New York State, for instance legal action is required within three years of the date that the victim realized (or should have realized through symptoms) that he or she had an asbestos-related disease.

In addition to pursuing legal action against a manufacturer, victims can seek compensation from an asbestos trust fund. The process isn't easy however a mesothelioma lawyer will take care of every step of the claim.

It's also possible for victims or their family members to file a wrongful-death lawsuit against their employer. This kind of lawsuit differs from a personal injury claim and typically involves the use of liens. Liens are financial agreements between the insurer of the defendant and a family member or a victim of a mesothelioma sufferer.

A wrongful death lawsuit can be brought against a variety of individuals, including those who supervised asbestos-contaminated sites, asbestos contractors and asbestos manufacturers. Mesothelioma patients and their families may be entitled to compensation for their losses. This includes funeral expenses, lost wages, and pain and discomfort.

Work History

It is important to create an extensive work record in the event that you or someone you love was exposed to asbestos. It will help lawyers determine which type of claim is appropriate and the evidence needed to support it.

During the 20th century asbestos was employed in a variety of trades, including shipyards, construction and insulation. Workers often brought home asbestos fibers that remained on their clothing and put their families at risk of mesothelioma that would develop later in life. A North Carolina mesothelioma lawyer could review your or a loved one's medical documents and work history to see whether a secondhand exposure claim is possible.

In a mesothelioma case the plaintiff must decide which companies are responsible for the asbestos victims' losses that include medical expenses, funeral costs and income loss. Lawyers can assist clients with getting documents like pension or disability information from their employers, interviewing witnesses and creating a timeline.

If a mesothelioma patient died before the case was resolved and their family members can start a wrongful-death lawsuit to recover compensation. A wrongful death suit can also be filed to offset debt from the cost of treatment and funeral costs and to provide much-needed financial security.

If necessary, asbestos victims' attorneys can file claims against a variety of defendants to secure complete settlement. This includes the company who provided asbestos raw material as well as asbestos product manufacturers and negligent employers. These companies knew their products were causing harm and did not warn or safeguard workers.

The EPA offers a range of resources for families and individuals suffering from asbestos-related ailments. The TSCA Hotline, Asbestos Ombudsman and other resources are readily available. Patients suffering from mesothelioma or other asbestos-related diseases may also be eligible for compensation from trust funds set up by the surviving spouses of asbestos victims.

In contrast to workers' compensation asbestos lawsuits require an attorney to represent not the employer, but the plaintiff. In the case of mesothelioma lawsuit, that means finding a seasoned lawyer who is familiar with seeking compensation from trust funds or private insurance companies who have claimed that they are not responsible for exposing asbestos victims to cancer-causing toxic substances.

Secondhand Exposure

Secondhand (ambient exposure) is a risk factor, even the majority of mesothelioma cases are caused by asbestos exposure that is firsthand. Individuals can come in contact with asbestos while washing laundry or interacting with furniture, or in physical contact with a person who works, with or handles asbestos-containing materials. These interactions can release harmful fibers into the air, where people can inhale them or swallow them.

Asbestos lawsuits involving exposure from secondhand sources usually require the assistance of an experienced attorney who is able to track asbestos exposure. Attorneys who have handled these kinds of claims asbestos compensation will be in a position to look over records and interview witnesses in order to identify the source. Attorneys can also assist victims file a asbestos lawsuit and navigate state laws on liability.

In the majority of instances, secondhand exposure to asbestos is the result of a blue-collar employee taking asbestos fibers home with them after working shifts. Workers brought these contaminated clothes hair and asbestos exposure claim other equipment into their homes, where they would lounge on couches, use appliances and touch surfaces for hours or minutes. This contact with family members, like spouses and children exposed them to asbestos. They may not know they were bringing carcinogenic materials into their homes. the tiny particles would be sucked up on clothing, hair and even on skin.

Anyone who has come into contact with contaminated laundry, furniture or other items can file an asbestos claim. These kinds of lawsuits typically require the help of an experienced asbestos lawyer who can present evidence like clothing labels, medical records and asbestos tests. Lawyers can assist plaintiffs to identify companies that produced asbestos-containing products.

Asbestos sufferers can also sue asbestos trust funds, which pay relatively fixed amounts to mesothelioma patients and others with asbestos-related illnesses. The process is simpler than filing a lawsuit against individual companies, and it is often easier to obtain compensation from a fund rather than an employer.

Anyone who is eligible to receive money from an asbestos trust fund should contact a mesothelioma legal firm right away. These attorneys can determine eligibility to file an action, decide the state or location that is the most appropriate to file the lawsuit in and handle the entire process.

Statute of limitations

The statute of limitations is the maximum length of time that a person can file a lawsuit in the state of residence, is subject to change. In certain states, the clock begins in the moment the patient is diagnosed of an asbestos-related condition, whereas in other states the clock starts the moment they are first exposed.

A knowledgeable mesothelioma lawyer can assist patients in understanding the statute of limitations in their state and how to file an asbestos claim it relates to the type of asbestos claim they are filing. Comprehensive medical records, employment history and pertinent information about the product are needed to prove the connection between exposure to asbestos and the disease. It is, however, difficult to pinpoint a specific date of exposure because asbestos-related diseases have a long period of latency.

A skilled lawyer can assist victims in understanding their legal and medical options. This could include filing a lawsuit against negligent asbestos companies. This could include a company that mined asbestos, manufactured products that contain asbestos, or a negligent employer that knew about employee exposure but did not take steps to protect employees.

Compensation for a successful asbestos lawsuit could pay for medical bills, home care expenses, lost quality of life as well as suffering and suffering, funeral costs and loss of the consortium of a loved one who has died from an asbestos-related illness. Companies that exposed asbestos workers to more than $30 billion have set aside trust funds. Many mesothelioma sufferers have received financial compensation through these trust funds.

A mesothelioma lawyer is able to look over evidence relating to asbestos and decide the best method to file an asbestos lawsuit, whether it is for personal injury or wrongful death. An experienced lawyer can help determine the right place to file. The state in which the victim lived or worked, and the location of asbestos-related businesses could be a factor in the filing requirements.

An experienced mesothelioma lawyer will gather as much evidence as is possible to support a client's claim. The evidence includes the patient's medical records, employment record and any asbestos-related products used during the course of work. These documents are needed to prove that the asbestos exposure of the victim led to mesothelioma.