How to File an Asbestos Claim

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

Asbestos lawsuits may be filed by the living victims or their families. If a plaintiff dies and their estate representative is appointed, they can continue the case in the event of wrongful death.

Work History

Asbestos-related victims must give their lawyer's documents that clearly specify the date they were exposed to asbestos, their job description and the time for exposure. This information will allow the lawyer to establish a direct connection between asbestos exposure and the victim's illness. A lawsuit involving asbestos may not be successful if evidence isn't there.

People who work in an industrial environment are most likely to be exposed to asbestos. This exposure can also occur in schools and churches as well as hospitals, bases of military and private residences. Asbestos is found in fireproofing and insulation materials pipes, shingles and pipes. People who are exposed to these materials may inhale asbestos fibers and develop respiratory issues and other illnesses, such as mesothelioma.

Many companies that made asbestos were aware of its dangers however, they chose to keep it quiet. This was a decision made to boost profits and protect the industry. It was not until the first asbestos lawsuits were filed that the companies began to compensate those who developed mesothelioma and other diseases caused by exposure to asbestos.

A lawsuit against a business which manufactures asbestos can be a complicated process. Because asbestos is no longer used it can be difficult to determine the parties responsible. However, there are many laws that can help victims identify 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), the Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.

Trust funds for asbestos are typically responsible for paying compensation to asbestos victims. These funds are set up to help victims receive compensation when the companies responsible for their exposure have gone bankrupt. An experienced attorney who specializes in asbestos litigation is able to negotiate these funds and ensure the most compensation.

The cases of wrongful death are filed by the family members of people who died from mesothelioma, or another asbestos attorneys-related disease. This type of claim seeks compensation for the unreimbursed funeral expenses, medical bills and loss of income. These lawsuits also seek to hold asbestos companies responsible for their wrongful conduct.

Testimonials

If you've been diagnosed with mesothelioma, or another asbestos-related disease, you can make a claim against the companies who put you in danger. Your legal team will gather evidence to prove the businesses who caused you harm, such as medical proof of diagnosis as well as the identification of the asbestos lawyers product. Many lawsuits involve dozens or more defendants, since it is typical for plaintiffs to be exposed to different asbestos-related products over the course of their careers.

A lawyer who specializes in mesothelioma claims can help you find the appropriate defendants for your case, even if these companies have declared bankruptcy. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases. The firm has helped settle more than $2 billion of asbestos litigation.

Firms that were specialized in asbestos litigation would "bundle" clients to file lawsuits on a mass basis. The goal was to overwhelm the judicial system and increase the wealth of lawyers. This unbalanced approach to litigation has hurt plaintiffs according to the U.S. Department of Justice. This has also drained funds that would have been available to those who develop more serious illnesses in the future.

The current compensation system demands that attorneys group claims based on diagnosis. This has led to a decreased number of mesothelioma cases being filed. These changes, in addition to the fact that certain states have implemented reforms to tort law, which have led to the use of a more strict medical criterion and an inactive docket, have led to a decrease in number of new claims filed from 2004 to.

You can also make wrongful death lawsuits on behalf of relatives of a deceased loved one who died from asbestos exposure. New York state laws allow families to pursue legal action within three years of when they became aware (or should have known) of the injury. In other states the statutes of limitations are different, with New Jersey and Pennsylvania requiring legal action within two years.

Statute of limitations

A statute of limitations is a law that imposes the deadline for filing an action in court. The deadlines vary according to the state. They are often determined by the date of the victim's exposure to asbestos or when they were diagnosed with an asbestos-related illness. There are however a number of factors that can complicate the rules.

Many people who have been exposed to asbestos do not realize they have been diagnosed with a disease until decades after their initial exposure. This is due to the latency period for mesothelioma, and other asbestos-related diseases. It is crucial that mesothelioma sufferers and their families file a lawsuit as soon as possible due to the latency period.

The time limit for a statute of limitations varies from state to state, but generally begins with the date of diagnosis. There are states with different statutes of limitations for wrongful deaths versus personal injury claims. In general, wrongful death statutes of limitations are shorter than personal injury ones.

Asbestos victims and their families ought to consider hiring mesothelioma attorneys as early as possible. The lawyer will be able to review the various options for compensation and provide guidance on how, where and when to file. A mesothelioma lawyer can assist in cases where the statute is expired.

Lawyers for mesothelioma may suggest ways to get compensation, even if the statute has run out. This includes trust fund claims as well as other sources of financial aid. They may be able to file the claim in a jurisdiction where the statute has not expired.

If the person is not diagnosed with mesothelioma the statute of limitations begins when they are diagnosed as having an associated condition, such as asbestosis or lung cancer. Certain states have "discovery statutes" that apply the same as traditional statutes of limitations however they begin at the date of diagnosis, not exposure.

Mesothelioma attorneys must always discuss the statute of limitations with their clients and loved relatives. An attorney for mesothelioma can explain the state law and also the situations in which a statute of limitation may be suspended or tolled.

Employ a lawyer

Asbestos lawyers are able to navigate the complex asbestos litigation. They will collaborate with other lawyers to ensure that your case gets the most favorable outcome.

Asbestos claims differ from other personal injury cases. The main reason is that the exposure to asbestos occurred years ago, and a lot of the companies exposed have either filed for bankruptcy or are out of business. Many times, those who were exposed do not even remember where they worked, and it is hard for them to determine the places where they might have been exposed. This is why an experienced attorney is critical because they 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 for them.

When the asbestos attorney has a clear understanding of the place and how the victim was exposed to asbestos, he will be able to engage medical experts to examine and report on the cause of mesothelioma. It is crucial that the asbestos lawyer can establish the causation element of the case since without it, the victim could not be able to claim compensation.

A mesothelioma lawyer will also be able to collect the information required to bring a lawsuit against asbestos as well as trust fund claims for the victim. This includes gathering information about the victim's employment as well as asbestos-related injuries medical records, testimonials from other victims and more. A mesothelioma attorney should also be knowledgeable about the various kinds of financial aid available to patients and their family members. This includes benefits from health insurance as well as disability insurance and Social Security benefits.

Anyone diagnosed with mesothelioma or any other asbestos-related disease should consult an asbestos lawyer. A lawyer can be in a position to assist patients decide which claim is best for them, and then assist them complete the appropriate paperwork. A mesothelioma lawyer can assist people suffering from other asbestos-related diseases file for compensation. This includes trust fund and VA claims.