How to File an Asbestos Exposure Claim

An asbestos exposure claim forces asbestos manufacturers to take responsibility for their actions that have caused harm to millions of people over the course of decades. The process could aid families of victims get compensation for medical expenses, lost income, and funeral expenses associated with asbestos-related illnesses.

Workers who work with asbestos frequently bring asbestos fibers to their homes on their clothing and skin and expose family members to a second exposure. This can lead to mesothelioma as well as other asbestos-related diseases.

Medical Records

All medical records are important for patients with mesothelioma, or any other asbestos attorneys-related illness. They can help their lawyer locate the asbestos exposure that caused the disease and prove that they are entitled to compensation.

The law requires plaintiffs to have a pathology, imaging scans, and physician's statements linking the diagnosis with an asbestos-related condition. Lawyers will also require the history of employment for the patient and the names of the companies and jobs. Workers who have been exposed to asbestos over the course of a long time, for example, those in the construction sector are at a greater chance of developing mesothelioma and other illnesses.

A mesothelioma lawyer who is experienced can also assist in gathering additional evidence, like a client's workers' compensation claims or veterans' benefits, as well as other financial accounts. These documents can provide valuable details about asbestos-related product manufacturers or employers.

If the victim is diagnosed with a mesothelioma, his or her attorney may file an injury-related or wrongful death lawsuit against asbestos product makers. The statute of limitations varies between jurisdictions. In New York State, for instance legal action is required within three years from the date that the victim realized (or should have realized due to symptoms), that he or she was suffering from an asbestos-related illness.

In addition to taking legal action against manufacturers, victims can also seek compensation from an asbestos trust fund. A mesothelioma lawyer will help you through the complex process.

It is also possible for the victims or their family members to file a wrongful-death lawsuit against the employer. This kind of lawsuit is different from a personal injury lawsuit and usually involves liens. Liens are financial agreements between a defendant's insurer and a mesothelioma patient or their family.

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 victims and their families may be able to claim compensatory damages for their losses, such as funeral expenses, lost wages and suffering and pain.

Work History

If you or a loved one was exposed to asbestos, keeping an accurate work history is important. It can help lawyers determine the type of claim that is appropriate and what documents will be required to prove it.

Workers in a variety of trades were exposed to asbestos during the 20th century, which included those who worked in construction, insulation and shipyard work. They often brought home asbestos fibers on their clothing which put their families at risk for developing mesothelioma decades later. A North Carolina mesothelioma lawyer could look over your or someone else's medical records and work history to determine whether a claim for exposure from a secondhand source is possible.

A mesothelioma suit involves determining which companies are responsible for asbestos victims' losses, including funeral costs, medical expenses and lost income. Lawyers can assist clients with obtaining documents like pension or disability information, as well as interview witnesses and develop a timeline of events.

If a mesothelioma patient passes away before their case is resolved, the victim's family can file a lawsuit for wrongful deaths to seek compensation. A wrongful death lawsuit can be filed to help offset debt from the cost of funeral and treatment costs, and also provide financial security.

Asbestos victims' attorneys may seek claims against a variety of defendants in order to secure complete recovery. This can include the company that supplied raw asbestos, the manufacturers of asbestos-related products, and negligent employers. These companies knew their products could cause harm, but failed to warn workers or take precautions to protect them.

The EPA offers a variety of resources for families and individuals who are dealing with illnesses caused by asbestos. These include the TSCA Hotline and Asbestos Ombudsman. Patients suffering from mesothelioma and other asbestos-related diseases can also receive compensation from trust funds created by the spouses of survivors of asbestos victims.

In contrast to workers' compensation, an asbestos lawsuit requires an attorney to represent the rights of the client, not the employer. In the case of mesothelioma case, that requires a skilled lawyer who is familiar with the process of obtaining compensation from trust funds or private insurance companies who have denied responsibility for exposing asbestos victims to cancer-causing toxic substances.

Second-Hand Exposure

Although the majority of mesothelioma cases involve firsthand exposure to asbestos but secondhand (ambient) exposure can be an important risk factor. Individuals may come into contact with asbestos while washing laundry, interacting with furniture or interacting with someone who works around or handles asbestos-containing materials. These interactions can release toxic fibers into the air, where others may inhale them or swallow them.

Asbestos lawsuits involving secondhand exposure usually require the assistance of an experienced attorney who knows how to trace asbestos exposure. Attorneys who have handled these kinds of claims are able to review records and interview witnesses to determine the source. Attorneys can also assist victims file an asbestos lawsuit and understand state laws regarding liability.

In most cases, secondhand asbestos exposure is the result of a blue-collar employee taking asbestos fibers home after working shifts. Workers brought contaminated clothing, hair and other equipment home where they sat on couches or sat in kitchens, and touched surfaces for minutes or even hours after. Asbestos was then spread to family members like spouses, children, and others through this contact. These individuals probably did not realize they were bringing carcinogenic substances into their homes. The tiny, minuscule fibers could get stuck to hair, clothing, and even on the skin.

Individuals who have come into contact with contaminated laundry, furniture or other objects can make an asbestos claim. These kinds of lawsuits typically require the assistance of an experienced asbestos lawyer who can present evidence such as clothing labels medical records, asbestos tests. Lawyers can assist plaintiffs in identifying companies that made asbestos-containing products.

Asbestos victims may also sue asbestos trust funds, which pay relatively fixed amounts to mesothelioma sufferers and other people suffering from asbestos-related diseases. It is easier than bringing an individual lawsuit against a company and is usually easier to receive compensation from a trust fund instead of an employer.

Anyone who is eligible to receive money from an asbestos trust fund should contact a mesothelioma legal firm immediately. They can determine if they are eligible for filing a claim, determine which state or region is the most appropriate to file the claim in and handle the entire procedure.

Statute of limitations

The statute of limitations, which determines the time limit for when that a person has to make a claim, can differ from state to state. In some states, the clock starts ticking when the patient is diagnosed with an asbestos-related disease, while in other states it begins when they are exposed for the first time.

A mesothelioma attorney can help patients understand the statute of limitations in their state and how it relates with the type of asbestos claim they have filed. Comprehensive medical records, employment history and relevant information about the product are needed to show an association between exposure and the asbestos attorneys-related illness. However, it is difficult to pinpoint a specific date of exposure because asbestos-related diseases are known to have a long time to develop.

A lawyer who is experienced can help victims understand their legal and medical options, which may include bringing lawsuits against negligent asbestos-related companies. This could include a business that mined asbestos, made products containing asbestos or a negligent employer that knew about asbestos exposure but failed to protect workers.

Compensation for a successful asbestos lawsuit can pay for medical bills, home care expenses, loss of quality of life as well as suffering and pain funeral expenses and loss of family if a loved one has died from an asbestos-related disease. Over $30 billion has been put aside in trust funds by companies that exposed workers to asbestos. The majority of mesothelioma patients have received financial compensation from these trust funds.

A specialized mesothelioma attorney can examine evidence related to asbestos and determine the best method to make an asbestos lawsuit, whether for personal injury or wrongful death. A knowledgeable lawyer can also assist with determining where to file, since the states where the victim was or lived and the location of asbestos-related businesses could play a role in filing requirements.

An experienced mesothelioma lawyer will collect the most evidence to prove the client's claim. This includes the patient's full medical records, employment history and the names of any asbestos-related items employed on the job site. These documents are required to establish a connection between the victim's mesothelioma or another asbestos-related condition and a specific asbestos company or companies accountable for their negligent exposure.