How to File an Asbestos Claim

An asbestos claim is an appeal for financial compensation from a business or organizations responsible for asbestos exposure. Patients with mesothelioma and other asbestos-related illnesses, may submit a variety of claims.

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

Statute of Limitations

When filing an asbestos claim it is important to take into consideration the statute of limitations. This is the time frame within which you must file a lawsuit against the parties responsible for your injuries. Each state has a different statute of limitations. The rules are similar across most states. The "clock" of the statute of limitations typically begins when you realize or should have realized that your accident is due to asbestos case exposure. This is usually the date you were diagnosed with asbestos-related diseases or mesothelioma. However, for some injuries like mesothelioma and asbestosis, it may take many years after exposure before the illness is recognized. This is because the signs of these diseases progress slowly over time.

Contrary to other personal injury claims, mesothelioma cases are often brought by people who have been in contact with asbestos for a long period of time. Thus, the statute of limitations for mesothelioma cases is different from other kinds of cases. In most states the statute of limitations only starts when a person is diagnosed with mesothelioma. However, mesothelioma is a rare type of cancer. Many patients won't be diagnosed until a few months or even years after their first exposure to asbestos.

Asbestos sufferers should make sure to connect with a top mesothelioma legal firm as soon as possible. This will enable them to avoid missing deadlines which can be difficult for those with a life-threatening disease.

In addition to the limitation period, asbestos victims should also be aware of the various laws of each state. The jurisdiction in which the victim resides could affect their case. This is particularly relevant if the victim has relocated since being exposed to asbestos. The location of the companies which they worked for might affect their jurisdiction, so an attorney can help determine the best place to file.

Another factor that affects mesothelioma claims is the discovery rule. This is a rule that allows for the statute of limitation to start when patients discover the asbestos-related injuries they suffer not when they are first diagnosed. This is important, because mesothelioma can not be detected for a long time. Many people don't realize they have the disease until it is too late to declare it.

Documentation

Mesothelioma patients and their families are able to file for compensation in a variety ways including through insurance, or legal action. Each type of claim comes with specific rules to ensure asbestos victims or their families receive the total amount due to them.

A mesothelioma lawyer with experience can help determine the best type of claim an individual should make. This includes identifying the asbestos firms that are responsible for their exposure, and obtaining the necessary documentation needed to prove the relationship between asbestos exposure and mesothelioma diagnosis.

The documentation required for a claim involving asbestos includes medical records, evidence of exposure and a documented work history. The medical records must include the diagnosis of mesothelioma or a similar asbestos-related disease. The history of work of the patient must state that they worked for a firm which manufactured, sold or used asbestos-containing products. The work history must include asbestos-related tasks that were performed as well as the date of exposure.

The legal claims are made on the basis of negligence, strict liability or product liability. Most of the lawsuits allege that asbestos firms did not use reasonable care when creating and selling their products. This was especially true when the companies knew of the risks associated with asbestos, but failed to provide adequate warnings to their employees or consumers.

Punitive damages are also awarded in certain cases. These damages are intended to punish asbestos companies for their wrong actions and may increase the value of a settlement by millions. A skilled asbestos attorney knows how to secure additional funds and will fight for them if necessary.

A wrongful death suit is filed by the family members of a deceased person who was diagnosed with an asbestos-related illness. Compensation from a wrongful-death suit can help pay for funeral expenses, lost income and other financial losses. It also gives families peace of mind after a loved one dies.

Expert Witnesses

Experts are frequently involved in asbestos-related cases. They are those who have the knowledge, skills or expertise to be competent in handling a specific subject. They provide information to the court that isn't readily accessible to the public. This is essential in proving a case, as asbestos-related illnesses can be complex.

Expert witnesses are crucial in the mesothelioma case to prove your illness and establish that asbestos exposure was the primary cause. A mesothelioma lawyer can assist you locate the most qualified medical and economic experts to back your case.

Expert witnesses can provide essential details about the use of asbestos in the construction industry, asbestos-related illnesses and their impact on your life. They are often skilled in testifying in similar cases and have a high degree of credibility. Typically an expert witness should have a degree in a relevant field, such as toxicology or medicine. They are also able to explain technical terms that an average person might not understand.

A specialist witness can present evidence at trial that the materials that were disturbed during a renovation could contain asbestos, or that shaking out the contaminated clothes resulted in the release of fibers (in the case of a claim for a secondary exposure). They can also advise on matters related to the testing of asbestos materials, including the use of thermal imaging and encapsulation of friable material. Experts are certified as industrial hygienists, or safety professionals. They have worked in municipalities, insurance companies as well as government agencies.

Your lawyer can also find experts in the fields of construction, occupational safety and health, and environmental management. These professionals can assist in analysing claims concerning construction defects and serious injuries, commercial and multifamily construction, and sewers and roads. They can also assist with assessment of water damage or mold inspection as well as sampling. They can also provide insights into asbestos exposure assessments, benzene and solvent exposure assessment and dose reconstruction and other occupational safety issues. They are well-versed in a variety of construction materials such as wood, concrete, masonry asphalt, plastics and metals.

Filing

If you or someone close to you is exposed to asbestos, it is important to file a claim for asbestos. These claims are meant to cover medical expenses, lost income and funeral expenses. The process can be complex and mesothelioma time-consuming. It is recommended to consult a mesothelioma lawyer who has years of experience. An experienced lawyer is familiar with the asbestos laws in the state and can assist in determining the best method for obtaining the money.

There are two kinds of asbestos lawsuits - personal injury and wrongful death suits. Personal injury lawsuits are filed by an individual while they are still alive and are usually determined by the date of diagnosis. Suit cases for wrongful death are filed by family members following the death of a loved one due to an asbestos compensation-related disease.

Asbestos victims may also claim trust fund benefits to get compensation from the companies that are responsible for their toxic exposure. These claims are filed after a person has been diagnosed with asbestos-related illnesses such as mesothelioma or lung cancer. Typically these cases involve multiple trust funds as a number of companies manufacture and sell asbestos-containing products.

An experienced attorney can file a claim using the proper asbestos trust funds. The attorney will have access to a database which can pinpoint the companies that exposed each person. This is important because it allows the attorney to identify all possible legal paths to pursue compensation on behalf of the client.

In addition, an attorney can sue companies that failed to inform asbestos victims of the dangers of their products. These lawsuits, also referred to as "failure-to-warn" suits are founded on the belief that asbestos companies were aware of the dangers of asbestos products but didn't inform workers or put warnings on their labels.

Regardless of the kind of lawsuit that is filed regardless of the type of lawsuit filed, an experienced mesothelioma attorney will be able to collect the evidence of an asbestos exposure history, help in filing a lawsuit within the time limit and ensure that a victim is awarded a fair amount of compensation. This includes punitive and compensatory damages as along with court fees and interest.