How to File an Asbestos Claim

Legal action is taken against companies who exposed a person to asbestos. The lawsuit must be filed within a specific time period called the statute of limitations.

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

Work History

Asbestos victims need to provide their lawyer with documents that clearly indicate the date they were exposed to asbestos, their job was and the length of time. This information will allow the lawyer to establish a direct link between the asbestos exposure and the victim's disease. A lawsuit that involves asbestos may not be successful if evidence is not there.

Asbestos is most likely be discovered in industrial settings. The exposure can also be found in schools and churches, hospitals, bases of military, and private homes. Asbestos is present in shingles, pipes, insulation, and fireproofing materials. People who are exposed to these materials may inhale asbestos fibers and develop respiratory issues and other illnesses, such as mesothelioma.

Many companies that made asbestos were aware of its dangers however, they chose to keep it quiet. This was done in order to ensure the safety of the industry and to increase profits. The companies did not begin to pay compensation to those who developed mesothelioma or other illnesses due to asbestos exposure until the first lawsuits were filed.

A lawsuit against an asbestos-related firm is a complicated process. It is difficult to determine the parties responsible since asbestos is no longer used. However, there are a variety of laws that help victims find the companies that are responsible for their exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund), the Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.

Asbestos victims are usually compensated by asbestos trust funds. These funds are created to assist victims of asbestos get compensation when the companies which exposed them have gone into bankruptcy. An experienced attorney who specializes in asbestos litigation is able to negotiate these funds to ensure the most compensation.

Families of those who died from mesothelioma, or an asbestos-related disease, can make wrongful death claims. This type of lawsuit seeks compensation for unreimbursed medical costs, funeral expenses and loss of income for the deceased. These lawsuits also seek to hold asbestos companies responsible for their negligence.

Testimonials

You can sue companies who put you at risk, if you're diagnosed with mesothelioma, or another asbestos-related disease. Your legal team will collect evidence to prove the businesses that harmed you, including medical evidence of your diagnosis as well as the identification of the asbestos product. Many lawsuits involve dozens or more defendants, as it's typical for plaintiffs to be exposed to different asbestos-related products throughout their career.

A lawyer who specializes in mesothelioma claims can help you find the right defendants for your case, even if these companies have been declared bankrupt. Young Conaway Stargatt & Taylor has 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 and helped to settle more than $2 billion of asbestos litigation.

In the past law firms that specialize in asbestos litigation would seek clients and then "bundle" them together into groups to file lawsuits in large quantities. The goal was to overwhelm the judiciary and enrich the lawyers. This biased approach to litigation has hurt plaintiffs according to the U.S. Department of Justice. It also drained funds which could have been provided to people who are likely to develop more serious illnesses in the near future.

The current compensation system demands that attorneys group claims based on the diagnosis. This has led to the reduction of mesothelioma lawsuits being filed. These changes, along with the fact some states have implemented reforms to tort law, which have led to a stricter medical criterion and an inactive docket have led to a reduction in the number of new claims filed between 2004 to.

You can also bring wrongful death lawsuits on behalf family members of a deceased loved one who died due to asbestos exposure. New York law allows families to bring a lawsuit within three years from the date they learned (or should have known) of an injury. Other states have different statutes of limitation. New Jersey and Pennsylvania have a two-year deadline for legal action.

Statute of Limitations

A statute of limitation is a law which sets the deadline for filing a claim. The deadlines for filing a claim vary from state to state. These deadlines usually are determined by the time that the victim was exposed to asbestos or diagnosed with an asbestos-related disease. There are a variety of factors that could make it difficult to determine the correct rules.

Many people who have been exposed to asbestos are not aware that they have a disease for a long time after initial exposure. This is due to the latency period of mesothelioma and other asbestos-related diseases. It is essential that mesothelioma patients as well as their families file a lawsuit right away due to the latency period.

The statute of limitations is different according to state, but the majority start from the date of diagnosis. There are also states that have different statutes of limitation for wrongful death cases versus personal injury claims. In general, the statutes of limitations are shorter than personal injury ones.

Asbestos patients and their families should consult mesothelioma lawyers as soon as possible. The lawyer can review all possible sources of compensation and offer advice on the best way, where and when to file. Additionally, an experienced mesothelioma attorney can help when the statute of limitation has already expired.

Mesothelioma lawyers may suggest alternatives for obtaining compensation even when the statute of limitations has passed for trust fund claims or other sources of financial aid. They may be able file the claim in a place in which the statute of limitations has not expired.

If the person is not diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed with a related condition like asbestosis or lung cancer. Some states have "discovery" statutes, which apply the same as a standard statute of limitations but start at the time of the diagnosis instead of the original exposure.

Mesothelioma lawyers should always discuss limitations statutes with clients and their loved ones. A mesothelioma attorney can explain the law of the state and also the situations where a statute of limitation may be tolled or suspend.

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 is given the best possible outcome.

Asbestos lawsuits differ from other personal injury cases. The exposure to asbestos took place several decades ago, and a large number of those companies have been shut down or have filed for bankruptcy. Many of the workers who were exposed to asbestos lawyers can't remember the places they worked in, and it can be difficult for them to pinpoint the exact locations they could have been in. An experienced attorney can help you in this regard as he or she will be able use the tools available for determining which companies were exposed and when they worked for them.

Once the asbestos attorney has an understanding of the place the person was exposed and what they did in the area, he or she can then engage medical experts to review the evidence and prepare reports on how exposure to asbestos caused the mesothelioma. It is crucial that the asbestos lawyer is able to determine the causation element of the case, because without it, the victim may not qualify for compensation.

A mesothelioma lawyer will be able to collect the necessary information that is required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's job, asbestos-related injuries medical records, testimonials from other victims, and more. Additionally, a mesothelioma lawyer should be acquainted with all of the different types of financial assistance that are available to victims and their families. This includes benefits from health insurance, disability insurance, and Social Security benefits.

Employing an experienced asbestos lawyer is crucial for anyone diagnosed with mesothelioma, or other asbestos-related illness. A lawyer is in a position to assist patients determine which type of claim is best for them and help them file the appropriate paperwork. A mesothelioma lawyer who is experienced can also help people with other asbestos-related illnesses file claims for compensation, such as trust fund and VA claims.