How to File an Asbestos Exposure Claim

A claim of asbestos exposure requires asbestos producers to take the responsibility for their actions that have caused millions of people harm over the many years. This process can help families and victims receive compensation for the medical expenses, lost income and funeral costs that are associated with asbestos-related illnesses.

People who work with asbestos frequently bring fibers of asbestos to their homes on their skin and clothing which exposes their family members to further exposure. This could lead to mesothelioma and other asbestos-related diseases.

Medical Records

Medical records are essential for patients suffering from mesothelioma or other asbestos-related diseases. These will help their lawyer identify the asbestos exposure that led them to develop their disease and prove that they are entitled to compensation.

The law requires that plaintiffs submit an scans of imaging and a doctor's note that the diagnosis is due to an asbestos-related health issue. Lawyers will also require the patient's employment history and a list of companies and jobs. People who are exposed to asbestos for a long period of time, for example, those employed in the construction industry, are at a higher chance of developing mesothelioma and other diseases.

A mesothelioma lawyer who is experienced can also assist in obtaining additional evidence, for example, a client's worker compensation claims as well as veterans' benefits and other financial accounts. These documents can provide valuable clues about asbestos companies and their employees.

If a victim is diagnosed with mesothelioma by a doctor, their attorney can make a claim for personal injury or wrongful deaths against asbestos product makers. The statute of limitations varies from jurisdiction to jurisdiction. In New York State, for instance, legal action is required within three years from the date on which the victim realized (or could have realized due to symptoms) that he or she was suffering from an asbestos-related disease.

In addition to pursuing legal action against a manufacturer, victims can also pursue compensation from an asbestos trust fund. The process can be complicated, but a mesothelioma attorney will handle every step of the claim.

It is also possible for the victims or their families to file a wrongful death lawsuit against an employer. This type of lawsuit differs from a personal injuries claim and typically involves lien. Liens are financial agreements between the insurer of the defendant 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 patients and their families could be entitled to compensation for the losses they suffered. This could include funeral costs, lost wages, and discomfort and pain.

Work History

If you or a loved one was exposed to asbestos, establishing an extensive work history is essential. It can help attorneys determine what type claim is appropriate and the evidence required to support it.

During the 20th century asbestos was widely used in trades, including construction, shipyards and insulation. These workers often brought home asbestos fibers that remained on their clothing which put their families at risk of developing mesothelioma later on. A North Carolina mesothelioma lawyer could look over your or someone else's medical documents and work history to determine whether a claim for exposure from a secondhand source could be possible.

In a mesothelioma lawsuit the plaintiff has to determine which companies are responsible for the asbestos-related losses of the victims that include funeral expenses, medical expenses, and income loss. Lawyers can help clients obtain documents like pension or disability information, interview witnesses and develop an outline of the events.

If a mesothelioma patient died before their case was resolved the family may start a wrongful-death lawsuit to recover compensation. A wrongful-death suit may be filed to cover funeral and treatment costs, and to ensure financial security.

Asbestos victims' attorneys may make claims against multiple defendants in order to secure full recovery. This includes the company that provided raw asbestos, the manufacturers of asbestos-related products as well as negligent employers. These companies knew that their asbestos products could cause harm, but failed to warn or safeguard workers.

The EPA offers a range of resources to families and individuals suffering from asbestos-related illnesses. The TSCA Hotline, Asbestos Ombudsman and other resources are accessible. Trust funds established by the spouses of survivors or asbestos victims may offer compensation to those suffering from asbestos-related ailments like mesothelioma.

In contrast to workers compensation, an asbestos lawsuit requires an attorney to represent the best interests of the client, not the employer. In the case a mesothelioma lawsuit is required, this means finding an attorney who has experience in pursuing compensation against trust funds or private insurers who have averted responsibility for exposure to asbestos-related substances that cause cancer.

Second-Hand Exposure

Although the majority of mesothelioma cases are caused by exposure to asbestos however, secondhand (ambient) exposure can also be an risk factor. Individuals may come into contact with asbestos while doing laundry as well as when interacting with furniture or having physical contact with someone who works around, with or handles asbestos-containing materials. These interactions can release the harmful fibers into the atmosphere and others may breathe or inhale them.

Asbestos lawsuits that involve exposure to asbestos from secondhand sources typically require the assistance of an experienced lawyer who knows how to trace asbestos exposure. Attorneys who have handled these types of claims will be able to review records and interview witnesses in order to identify the source. Attorneys can also assist victims file an Asbestos lawsuit (postheaven.Net) and understand state laws regarding liability.

In most instances, secondhand exposure to asbestos is the result of blue-collar workers taking asbestos fibers home with them after work shifts. Workers carried contaminated clothes, hair, and equipment home, where they lay on couches, used appliances, and touched surfaces for minutes or even hours later. The contact with family members, like children and spouses exposed them to asbestos. These individuals likely did not know they were bringing in carcinogenic materials into their homes, and the small, minuscule particles would be sucked up on clothing, hair and even on skin.

People who have come in contact with contaminated laundry, furniture or other items may file an asbestos claim. These kinds of lawsuits typically require the help of an experienced asbestos lawyer who can provide evidence such as clothing labels as well as medical records and asbestos tests. Lawyers can also help plaintiffs determine the companies that produced the asbestos-containing products that they encountered.

Asbestos victims may also bring a lawsuit against asbestos trust funds that pay relatively fixed amounts for mesothelioma and various asbestos-related diseases. The process is simpler than filing suit against companies individually and it is easier to receive compensation from a fund, rather than an employer.

Anyone who is eligible to receive funds from an asbestos trust fund should contact a mesothelioma legal firm immediately. These attorneys can determine eligibility to file a claim, determine which state or region is the most appropriate to file the claim in and manage the entire procedure.

Statute of Limitations

The statute of limitation, which is the maximum amount of time in which a person can pursue a lawsuit within the state of residence, is subject to change. In some states the clock begins to tick when a patient is diagnosed as having an asbestos-related disease, whereas in other states, it starts when they are first exposed.

A mesothelioma lawyer can assist patients in understanding the statute of limitations in their state and how it is connected to the type of asbestos claim they are filing. Comprehensive medical records, employment histories and relevant product details are needed to prove the connection between exposure to asbestos and the disease. However, it is difficult to identify a precise date of exposure since asbestos-related diseases have a lengthy period of latency.

A competent lawyer can assess the victim's medical and legal options which include filing an individual or group lawsuit against negligent asbestos-related companies. This could be a company which mined asbestos lawyer, produced products that contain asbestos or a negligent employer who was aware of asbestos exposure, but did not take steps to protect employees.

Compensation from a successful asbestos lawsuit can be used to pay medical bills, home health expenses, lost quality of life and pain and suffering funeral expenses and loss of family if a loved one has died from an asbestos-related disease. Over $30 billion has been set aside in trust funds by companies who exposed workers to asbestos. Most mesothelioma patients have received financial compensation from these trust funds.

A specialist mesothelioma lawyer can review asbestos-related evidence and determine the best method to file an asbestos lawsuit, whether for personal injury or the wrongful death of a victim. A lawyer with experience can help determine the best place to file. The state where the victim was residing or working or worked, as well as the location of asbestos-related companies may play a role in the filing requirements.

An experienced mesothelioma lawyer will gather the most evidence to prove a client's claim. This includes the patient's complete medical records, employment history and the names of any asbestos-related products that were used at the job site. These documents are required to prove a link between the patient's mesothelioma or another asbestos-related condition and a specific asbestos-related company or companies accountable for their negligent exposure.