How to File an Asbestos Claim

An asbestos claim is a legal action against companies that exposed a person to asbestos. The statute of limitations is a time period within which lawsuits must be filed.

Asbestos lawsuits can be filed by living victims or their families. When a plaintiff passes away, their estate representative can pursue the case as a lawsuit for wrongful deaths.

Work History

Asbestos victims need to give their lawyer documents that clearly state the date of their exposure to asbestos, the nature of their job was and for how long. This information will allow the lawyer to establish a direct connection between asbestos exposure and the victim’s health condition. A lawsuit involving asbestos could not be successful if evidence is lacking.

Asbestos is most likely to be found in industrial environments. It can also happen in churches and schools and hospitals, as well as bases of military and private homes. Asbestos is found in fireproofing, insulation, pipes and shingles. Asbestos fibers can cause respiratory problems and diseases such as mesothelioma among those who are exposed to the material.

Many of the companies that manufactured asbestos knew of its dangers, but decided to keep this information from the public. This was a choice made to boost profits and safeguard the industry. It wasn't until first asbestos lawsuits were filed that the companies began to compensate people who contracted mesothelioma or other illnesses due to exposure to asbestos.

A lawsuit against an asbestos company can be a difficult task. Since asbestos is no longer in use, it can be difficult to determine who is responsible. There are a number of laws that can assist victims identify the companies responsible for their exposure to asbestos. The Clean Air Act, Occupational Safety and Health Administration, 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 paying compensation to asbestos victims. These funds are created to assist victims of asbestos get compensation when the companies that exposed them have gone bankrupt. In these instances, an experienced attorney specializing in asbestos litigation will know how to negotiate with these funds and get you the most amount of compensation that is possible.

The cases of wrongful death are filed by family members of those who have passed away from mesothelioma, or another asbestos-related disease. This type of claim seeks to recover the unpaid funeral expenses, medical costs and loss of income of the deceased. These lawsuits are also designed to hold asbestos exposure claims companies responsible for their wrongful conduct.

Testimonials

Once you have been diagnosed with mesothelioma or an asbestos-related illness, you may make a claim against the companies who put you in danger. Your legal team will collect evidence to prove that the companies who caused you harm, such as medical proof of your diagnosis as well as the identification of the asbestos product. Many lawsuits involve dozens of defendants, as it is typical for plaintiffs to be exposed to a variety of asbestos products throughout their careers.

A lawyer who specializes in mesothelioma lawsuits will be able to find the appropriate defendants for your case even if the companies have gone bankrupt. 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 to settle more than $2 billion worth of asbestos litigation.

In the past lawyers who specialized in asbestos litigation would solicit clients and then "bundle" them into groups to file lawsuits in massive quantities. The goal was to overwhelm judicial systems and enrich lawyers. According to the U.S. Department of Justice, this skewed litigation approach has harmed plaintiffs. It also has drained funds that could have been available to those who are likely to develop more serious illnesses in the future.

The current compensation systems in place require attorneys to group claims based on the diagnosis. This has resulted in an increase in the number of mesothelioma lawsuits. Combined with the fact that certain states have implemented tort reforms which have resulted in stricter medical criteria and an inactive docket, these changes have led to the reduced levels of new claims being filed from 2004 to 2006.

You can also make wrongful death lawsuits on behalf of relatives of a deceased loved one who died from asbestos exposure. New York law allows families to file a lawsuit within three years from the date they learned (or should have been aware) of an injury. In other states the statutes of limitation differ and include 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. These deadlines vary from state to state. These deadlines usually are determined by the time that the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. There are several factors which can make it difficult to follow the rules.

Many asbestos-related exposure victims don't realize they've been diagnosed with a disease until decades after their initial exposure. This is due to the mesothelioma latency period and other asbestos-related illnesses. Due to the time of latency it is crucial for mesothelioma victims and their families to start a lawsuit immediately if they are able to.

The statute of limitations varies according to state, but the majority start with the date of diagnosis. There are also states with different statutes of limitation for wrongful deaths versus personal injury claims. In general, the statutes of limitation are shorter than those for personal injury claims.

Asbestos patients and their families should consult a mesothelioma attorney immediately. The lawyer will go over all of the potential sources of compensation for a client and advise on where, when and the best way to file. A knowledgeable mesothelioma attorney can help if the statute of limitations has already expired.

Lawyers for mesothelioma may suggest options to obtain compensation even if the statute has run out. These include trust fund claims as well as other sources of financial assistance. They might be able to file the claim in a state where the statute has not expired.

If the victim is not diagnosed with mesothelioma the statute of limitations begins when they are diagnosed with a related condition such as asbestosis claim amounts or lung cancer. Some states have "discovery statutes" which apply the same as traditional statutes of limitations however they begin at the time of diagnosis, not the date of exposure.

Mesothelioma attorneys should always discuss limitations statutes with their clients and loved ones. A mesothelioma lawyer who is knowledgeable can explain the laws of the state as well as specific circumstances where a statute of limitations may be tolled or Asbestosis claim amounts suspended.

Hire a lawyer

Asbestos lawyers know how to navigate the complexities of asbestos litigation. They will collaborate with other attorneys to ensure that your case receives the most favorable outcome.

Asbestos cases are different from other personal injury claims. The reason for this is that asbestos exposure happened several decades ago and many of the companies that were exposed have either filed for bankruptcy or have gone out of business. Many times, those who were exposed to asbestos don't even remember where they worked, and it's difficult to pinpoint the places where they might have been exposed. An experienced attorney can assist you in this regard as he or she will be able to use the resources available to him/her in order to determine which companies were exposed and the time they worked there.

Once the asbestos attorney has a clear idea of where and how the victim was exposed to asbestos, he is able to get medical experts to review and prepare reports on the cause of mesothelioma. It is important that the asbestos claims after death lawyer is able to determine the causation element of the case because without it, the victim might not be eligible for compensation.

A mesothelioma lawyer will also be able to collect the information required to make a claim against asbestos as well as trust fund claims for asbestos related disease for the victim. This includes obtaining information about the victim's work and 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 that are available to victims and their family members. This includes benefits from health insurance, disability insurance, and Social Security benefits.

Anyone diagnosed with mesothelioma, or any other asbestos-related illness is advised to consult an asbestos lawyer. An attorney can help determine the kind of claim they need to make and help them fill out the forms. An attorney for mesothelioma can assist those suffering from other asbestos-related diseases to file for compensation. This includes trust fund and VA claims.