How to File an Asbestos Claim

A legal action is taken against companies who exposed a person to asbestos. Lawsuits must be filed within a certain time period called the statute of limitations.

Asbestos lawsuits may be filed by the living victims or their families. When a plaintiff passes away the estate representative of their estate may continue the case despite wrongful death.

Work History

Asbestos victims must submit to their lawyer documents that clearly state the date they were exposed to asbestos, what their job was and the length of time. This will enable the lawyer to establish a direct connection between the asbestos exposure and the victim’s illness. Without the correct evidence an asbestos lawsuit might not be able to move forward.

Workers in an industrial environment are more likely to be exposed to asbestos. However, exposure to asbestos can occur in churches, schools, hospitals, military bases and private residences. Asbestos is present 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 diseases like mesothelioma.

Many of the companies that manufactured asbestos knew of its dangers, but chose to keep this information from the public. This was a decision taken in order to increase profits and safeguard the industry. It wasn't until the first asbestos lawsuits were filed that the companies began to compensate those who contracted mesothelioma or other ailments due to exposure.

A lawsuit against a business that manufactures asbestos is a difficult task. Since asbestos is no longer in use, it can be difficult to determine the parties responsible. There are many laws that can assist victims identify the companies responsible for their exposure to asbestos. These include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund as well as the Safe Drinking Water Act and the Resource Conservation and Recovery Act.

Asbestos victims are usually compensated by asbestos trust funds. These funds are set up to assist victims of asbestos get compensation when the companies which exposed them have gone bankrupt. In these cases an experienced attorney who specializes in asbestos litigation will be able to bargain with these funds and ensure you receive the highest amount of compensation possible.

Families of people who died from mesothelioma, or an asbestos-related illness, may bring wrongful death lawsuits. This type of lawsuit seeks damages for unpaid funeral expenses, medical bills and loss of income. These lawsuits also seek to hold asbestos companies accountable for their negligence.

Testimonials

You can sue the businesses who put you at risk if you're diagnosed with mesothelioma or any other asbestos-related illness. Your legal team will gather evidence to prove that the companies that harmed you, including medical proof of your diagnosis and the identification of asbestos products. Since it is commonplace that plaintiffs have been exposed various asbestos-related products throughout their lives, many lawsuits involve multiple defendants.

A lawyer who specializes on mesothelioma cases will find the right defendants for your case, even if they have been bankrupt. Young Conaway Stargatt & Taylor has been focusing on asbestos bankruptcy cases since more than 30 years. James Patton has worked on hundreds of mesothelioma lawsuits and has helped resolve asbestos litigation worth over $2 billion.

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

The current compensation systems require that attorneys group claims based on diagnosis. This has led to the reduction of mesothelioma claims being filed. This is in addition to the fact that certain states have implemented tort reforms that have resulted in more stringent medical criteria and an inactive docket these changes have contributed to the decrease in new claim filing activity between 2004 and the year 2006.

You can also bring wrongful death lawsuits on behalf family members of a deceased loved one who died as a result of asbestos exposure. New York state laws allow families to pursue legal action within three years from the time they became aware (or should have had the knowledge) of the injury. In other states, the statutes of limitation are different in New Jersey and Pennsylvania requiring legal action within two years.

Statute of limitations

A statute of limitations is a law that establishes a time limit for filing a legal claim. The deadlines vary according to the state. They usually are dependent on the date of the victim's exposure to asbestos or when they were diagnosed with an asbestos-related disease. There are a variety of factors that could make it difficult to determine the correct rules.

Many asbestos-related exposure victims do not realize they have been diagnosed with a disease until decades after their initial exposure. This is due to the mesothelioma latency period and other asbestos-related diseases. Due to the latency period it is crucial for mesothelioma patients and their families to start a lawsuit as soon as they can.

The statute of limitation varies between states, but in most cases it begins with the date of diagnosis. There are some states with different statutes of limitations for wrongful deaths versus personal injury claims. In general, wrongful death statutes of limitation are shorter than personal injury ones.

Asbestos patients and their families should hire an attorney for mesothelioma as soon as they can. The lawyer will be able to review all possible sources of compensation and provide suggestions on the best way, where and when to file. A mesothelioma lawyer could also help if the statute is expired.

Lawyers for mesothelioma can suggest ways to get compensation even if the statute of limitations has run out. This includes trust fund claims and other sources of financial aid. They might also be capable of filing the claim in another jurisdiction where the statute of limitations hasn't yet expired.

If the victim has not been diagnosed with mesothelioma, their statute of limitations starts when they are diagnosed with a related condition like asbestosis or lung cancer. Some states have "discovery" statutes that follow the same rules as a standard statute of limitations, but begin from the date of the diagnosis instead of the first exposure.

Mesothelioma lawyers should always discuss the statute of limitations with their clients and their loved family members. An attorney for mesothelioma can explain the state law and also the situations where a statute of limitation may be tolled or suspended.

Hire a Lawyer

Asbestos attorneys know how to navigate through the complicated asbestos litigation. They will collaborate with other lawyers to ensure that your case receives the best possible result.

Asbestos claims differ from other personal injury cases. The exposure to asbestos occurred decades ago, and many of the companies affected have gone out of business or have filed for bankruptcy. Many of the workers who were exposed to asbestos can't remember where they worked and it is difficult for them identify the locations they may have worked in. This is where an experienced attorney is essential because he or she will be able to use the resources available to him or her disposal to find out the name of the companies which were exposed as well as the dates they worked there.

Once the asbestos attorney has a better understanding of where the individual was exposed and what they did there, he or she will then call in medical experts to examine the evidence and write reports on how exposure to asbestos caused mesothelioma. It is vital that the asbestos lawyer is able to establish the causation component of the case since without it, the victim may not be eligible for compensation.

A mesothelioma lawyer can be able to gather the required information required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's job and asbestos-related injuries medical records, testimonials from other victims and more. In addition, a mesothelioma lawyer should be acquainted with all of the different kinds of financial assistance available to patients and their families. This includes health insurance, disability insurance and Social Security benefits.

Engaging an experienced asbestos lawyer is essential for anyone diagnosed with mesothelioma, or any other asbestos-related disease. A lawyer is able to help individuals decide which claim is the best for them and help to file the proper documentation. An experienced mesothelioma lawyer will assist those suffering from other asbestos attorney-related illnesses to file claims for compensation, such as trust fund and VA claims.