How to File an Asbestos Claim

A claim for asbestos compensation is a request to receive financial compensation from the company that are responsible for asbestos exposure. Individuals with mesothelioma, or other asbestos-related illnesses, can file several types of claims.

Compensation damages are determined based on the severity of your symptoms as well as the amount of time you've been suffering. You may also be eligible for VA disability benefits.

Statute of Limitations

When making an asbestos claim it is important to take into consideration the statute of limitations. This is the time period that you have to sue individuals responsible for your injuries. Each state has its own statute of limitations. However the rules generally are the same. The "clock" of the statute of limitations typically begins when you are aware or should have known your injury is related to asbestos exposure. This is usually the date you were diagnosed with asbestos-related illnesses or mesothelioma. For some injuries, such as mesothelioma and asbestosis, it can take many years before the symptoms of the disease appear. The reason for this is that the symptoms of these illnesses 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 number of years. Therefore, the statute of limitations is different for these types of cases. In most states the statute of limitations only begins when a patient is diagnosed with mesothelioma. Mesothelioma, which is a rare cancer, is usually not discovered until months or years after the initial exposure to asbestos.

Asbestos victims should be sure to connect with a reputable mesothelioma law firm as soon as possible. This will prevent them from missing any deadlines, which can be very difficult for someone dealing with the life-threatening condition.

Asbestos victims should be aware of state-specific laws, in addition to the statutes of limitations. The state in which the victim lives can impact their case. This is particularly in the case of a victim who has moved after being exposed to asbestos. A former employer may also impact their jurisdiction. An attorney can assist the victim in deciding where to file.

Another aspect in mesothelioma lawsuits is the discovery rule. This rule allows the statute of limitations to begin when victims discover the asbestos-related injuries they suffer not when they are first diagnosed. This is important because mesothelioma can not be detected for decades. Many people don't recognize that they have the disease until it is too late to apply for a claim.

Documentation

Mesothelioma patients and their families are able to file for compensation in a variety ways such as through insurance or legal action. Each type of claim has its own specific requirements that must be met in order to ensure that the asbestos sufferer or their family receives the full amount owed to them.

An experienced mesothelioma lawyer can assist in determining the type of claim that one should file. This includes identifying the asbestos companies accountable for their exposure as well as gathering the necessary evidence to prove the relationship between asbestos exposure and a mesothelioma diagnosis.

The documentation required for a claim involving asbestos typically consists of medical records, proofs of exposure, and documented work histories. The medical records should include mesothelioma as well as another asbestos-related diagnosis. The work record must prove that the victim worked for a company that produced asbestos-containing products. The work history must also reveal the specific asbestos-related work tasks and the date when exposure occurred.

The legal claims are based on strict liability, negligence, or product liability. In the majority of cases, asbestos companies are accused of failing to exercise reasonable care when creating and selling their products. This was particularly relevant when the companies were aware of the dangers that came with asbestos, yet did not provide proper safety information to their employees or their customers.

Punitive damages are also granted in certain instances. These damages are meant to punish asbestos companies for their negligent conduct and can add millions of dollars in value to a verdict or settlement. A skilled asbestos lawyer understands how to collect these funds and fight for them when necessary.

A wrongful death lawsuit is filed by the family members of a deceased person who died of an asbestos-related illness. A wrongful death suit can be used to compensate for funeral costs, lost wages and other financial losses. It could also help families feel at ease following the death of a loved one.

Expert Witnesses

Experts are often involved in asbestos-related cases. These are people who possess the expertise, knowledge or experience to be capable of handling a specific matter. They can provide information that is not accessible to the general public. This is vital in proving a case, as asbestos-related illnesses can be complex.

In mesothelioma cases, experts are required to prove that you suffer from this condition, as well as establishing that your exposure to asbestos attorney was a primary cause. A knowledgeable mesothelioma lawyer can help you find the right medical and financial experts for your case.

Expert witnesses can provide vital information regarding asbestos' use in construction, asbestos-related ailments and their effects on your life. They have testified in similar cases before and are highly reliable. Typically an expert witness should have an academic degree in a relevant field such as toxicology or medicine. They are also able to explain technical terms that an common person is unable to comprehend.

During the trial, an expert witness may provide evidence that the materials ruined in the course of a remodel are likely to contain asbestos or shaking out contaminated clothing resulted in the release of fibers (in a secondary exposure claim). They can also advise on issues related to the testing of asbestos-containing materials, including the use of thermal imaging and sealing of friable materials. A certified expert could be certified as an industrial hygienist, or safety specialist and has worked for municipalities, insurance companies and government entities.

The lawyer you choose to hire can also provide experts in the fields of construction, occupational safety and health, and environmental management. These experts can assist in the analysis of claims regarding construction defects and serious injuries, commercial and multifamily construction, and asbestos compensation roads and sewers. They can also help with assessment of water damage, mold inspection and sample collection. They also can provide information into asbestos exposure assessments, benzene and solvent exposure assessment and dose reconstruction, and other occupational safety issues. They are knowledgeable of an array of construction materials, including concrete, masonry, wood, asphalt, plastics, metals, and drywall.

Filing

If you or a loved one is exposed to asbestos It is crucial to file an asbestos claim. These claims are designed to compensate for medical expenses, lost income and funeral expenses. The process can be complicated and lengthy. It is recommended to speak with a mesothelioma lawyer who has expertise. An experienced lawyer will be aware of the laws in each state pertaining to asbestos lawsuits and will be able to assist you in determining the most effective way to recover your financial losses.

There are two types of asbestos lawsuits, personal injury and wrongful death suits. Personal injury suits are filed while the plaintiff is still alive and are usually controlled by the date of diagnosis. Wrongful death suits are filed by relatives following the death of a loved one because of an asbestos-related disease.

Asbestos victims can also make trust fund claims to be compensated by companies that are responsible for their toxic exposure. These claims are made when an individual is diagnosed with an asbestos-related disease such as mesothelioma, or lung cancer. Most often, these cases involve multiple trust funds since a variety of firms produced and sold asbestos-containing products.

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

A lawyer may also bring a lawsuit if a company fails to warn asbestos victims of the dangers their products could pose. These lawsuits are called "failure to warn" suits, and they are based on the idea that asbestos companies knew that their products were dangerous, but did not provide warnings on their labels or tell workers about the dangers of exposure.

An experienced mesothelioma lawyer will be able, regardless of the type lawsuit that is filed, to collect documentation regarding the history of asbestos exposure for a patient as well as assist in filing lawsuits within the statute of limitations and ensure that the victim receives fair compensation. This includes punitive and compensatory damages, as also court costs and interest.