How to File an Asbestos Claim

An asbestos claim is a legal proceeding against companies that exposed a person to asbestos. Lawsuits must be filed within a specified time period known as the statute of limitations.

Asbestos lawsuits can be filed by victims who are still alive or their families. If a plaintiff dies, their estate representative can continue the case as a wrongful death lawsuit.

Work History

Asbestos victims must give their lawyer documents that clearly specify the date of their exposure to asbestos, what their job entailed and the length of time. This will enable the lawyer to establish a direct link between asbestos exposure and the victim’s illness. Without the correct evidence, an asbestos lawsuit may not be able to progress.

Workers in an industrial environment are more likely to be exposed to asbestos. However, exposure to asbestos can occur in schools, churches and hospitals, military bases and private residences. Asbestos is present in fireproofing, insulation, pipes and shingles. People who are exposed to these materials may inhale asbestos fibers and suffer respiratory problems and other illnesses, such as mesothelioma.

Many companies that made asbestos were aware of the dangers however, they chose to remain silent about the dangers. This was done in order to protect the industry and increase profits. It was not until the first asbestos lawsuits were filed that these companies began to pay compensation to those who were diagnosed with mesothelioma and the other illnesses caused by exposure.

A lawsuit against a company that manufactures asbestos can be a complicated process. It is difficult to determine the parties responsible since asbestos is no longer in use. However, there are a variety of laws that can help victims identify the companies that are responsible for their exposure. The Clean Air Act, Occupational Safety and Health Administration, Asbestos Claim 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.

Asbestos trust funds are usually responsible for compensating asbestos victims. These funds are set up to assist victims of asbestos get compensation when the companies which exposed them have gone bankrupt. An experienced attorney who specializes in asbestos litigation knows how to negotiate these funds to ensure the maximum amount of compensation.

Families of those who died from mesothelioma, or an asbestos-related disease, can file wrongful death cases. This type of lawsuit seeks damages for the deceased person's unreimbursed medical bills, funeral costs and loss of income. These lawsuits are also designed to hold asbestos companies responsible for their negligence.

Testimonials

If you've been diagnosed with mesothelioma, or another asbestos-related illness, you may bring a lawsuit against the companies who put you in harm's way. Your legal team will collect evidence to prove that the companies that harmed you, including medical proof of your diagnosis and the identification of asbestos products. Since it is commonplace that plaintiffs have been exposed to various asbestos-related products throughout their lives A lot of lawsuits have multiple defendants.

A lawyer that specializes in mesothelioma cases will to identify the right defendants for your case, even if they have gone bankrupt. Young Conaway Stargatt & Taylor has been working on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped resolve asbestos litigation worth more than $2 billion.

In the past law firms that were specialized in asbestos litigation would approach clients and then "bundle" them into groups to file lawsuits in massive quantities. The goal was to overwhelm judicial systems and enrich lawyers. This skewed approach to litigation has hurt plaintiffs according to the U.S. Department of Justice. This has also drained funds that would have been available for individuals who will develop more serious illnesses in the future.

The current compensation system demands that attorneys categorize claims based on diagnosis. This has resulted in a decreased number of mesothelioma cases being filed. This is in addition to the fact that certain states have passed tort reforms that resulted in stricter medical criteria and an inactive docket, these changes have led to the reduced levels of new claims being filed between 2004 and 2006.

In addition to mesothelioma lawsuits, you can claim wrongful death compensation for family members who lost loved ones because of asbestos exposure. New York state laws allow families to take legal action within three years of when they were aware (or should have had the knowledge) of the 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 limitation is a law that establishes the deadline to file an claim. The deadlines for filing a claim vary from state to state. The deadlines are typically determined by the time that the victim was exposed to asbestos or diagnosed with an asbestos-related illness. However, asbestos claim there are a variety of aspects that can alter these rules.

Many asbestos-related exposure victims do not realize they have been diagnosed with a condition until decades after their first exposure. This is due to the time frame of mesothelioma's latency and other asbestos-related ailments. It is essential that mesothelioma patients as well as their families file a lawsuit immediately due to the latency period.

The statute of limitations varies in each state, but they generally start with the date of diagnosis. There are some states with different statutes of limitation for wrongful deaths versus personal injury claims. In general, the statutes of limitations are shorter than those for personal injury claims.

Asbestos victims and their families ought to consider hiring mesothelioma lawyers as soon as possible. The lawyer will be able to evaluate all potential sources of compensation and offer guidance on where, how and when to file. A mesothelioma lawyer can assist in cases where the statute of limitations has expired.

Mesothelioma lawyers can suggest options to obtain compensation even when the statute of limitations has expired, such as trust fund claims or other sources of financial aid. They may be able file the claim in a place in which the statute of limitations has not expired.

If the person hasn't been diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed with a congenital condition like asbestosis or lung cancer. Certain states have "discovery statutes" that apply the same as the traditional statutes of limitations, but start with the date of diagnosis, not the date of exposure.

Mesothelioma lawyers must always discuss the statute of limitations with their clients and family members. A knowledgeable mesothelioma lawyer will explain the laws of the state as well as specific circumstances where the statute of limitations can be extended or suspended.

Hire a lawyer

Asbestos lawyers know how to navigate the complexities of asbestos litigation. They work with other lawyers to ensure that your case receives the highest chance of success.

Asbestos cases are different from other personal injury cases. The asbestos exposure took place several decades ago, and a large number of the companies affected have gone out of business or declared bankruptcy. Many of the workers who were exposed to asbestos don't remember where they worked and it may be difficult to identify the locations they may have been in. An experienced attorney can assist you with this as he/she will be able to use the resources available to him/her for determining which companies were affected and when they worked at the place.

Once the asbestos lawyer has an understanding of the location to which the person was exposed and what they did there and what they did, he or she will then call in medical experts to look over the evidence and create reports on how exposure to asbestos triggered mesothelioma. It is important that the asbestos lawyer is able to establish the causation part of the case, as without it, the victim may not be eligible for compensation.

A mesothelioma lawyer will also be able to collect the required information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's work, asbestos-related injuries medical records, testimony from other victims, and more. A mesothelioma lawyer must also be familiar with the various kinds of financial aid available to patients and their family members. This includes disability insurance, health insurance insurance and Social Security benefits.

Hiring an experienced asbestos lawyer is crucial for anyone diagnosed with mesothelioma, or another asbestos-related illness. A lawyer can assist patients decide on the kind of claim they need to submit and assist in filling the necessary paperwork. A mesothelioma attorney can also help those with other asbestos-related diseases to file for compensation. This includes trust funds and VA claims.