How to File an Asbestos Exposure Claim

An asbestos exposure claim forces asbestos producers to accept responsibility for their actions that have caused harm to millions of people over the years. This process can assist the families of victims receiving compensation for medical expenses, lost wages, and funeral expenses related to asbestos-related diseases.

People who work with asbestos frequently bring fibers of asbestos to their homes on their skin and clothing, exposing their family to a second exposure. This can cause mesothelioma and other asbestos-related illnesses.

Medical Records

It is essential for patients diagnosed with mesothelioma or any other asbestos-related disease to have all medical records they require. These records will help their lawyer prove that asbestos exposure caused their illness and that they are entitled to compensation.

The law requires that plaintiffs have a pathology, imaging scans, and physician's statements linking the diagnosis to an asbestos-related disease. Lawyers will also require the patient's employment history as well as an inventory of employers and jobs. People who were exposed to asbestos for prolonged periods of time, such as those in the construction industry, have a greater risk of developing mesothelioma and other ailments.

An experienced mesothelioma lawyer can also assist in obtaining additional evidence, such as a client's workers' compensation claims, veterans' benefits and other financial accounts. These documents can provide important details about asbestos-related products or employers.

If a person is diagnosed with mesothelioma by a doctor, their attorney can file a lawsuit for personal injury or wrongful death against asbestos-related product manufacturers. The time limit for filing a lawsuit varies from jurisdiction to jurisdiction. In New York State, for example legal action is required within three years from the time the victim realized (or was able to realize due to symptoms) that he or she was suffering from an asbestos-related illness.

Victims can also seek compensation from a trust fund for asbestos in addition to pursuing legal action against the manufacturer. A mesothelioma lawyer will guide you through the complicated procedure.

You may also sue the employer if you're victimized or if a family member is. This kind of lawsuit is different from a personal injury lawsuit and typically involves the use of liens. Liens are financial agreements between a defendant's insurer 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 victims and their families can recover compensatory damages for their losses, including funeral expenses, lost wages and suffering.

Work History

If you or someone close to you was exposed to asbestos, creating an accurate work history is essential. It can assist lawyers in determining the type of claim that is appropriate and what evidence will be required to prove it.

During the 20th century asbestos was used in many trades, including construction, shipyards and insulation. Workers often brought home loose asbestos fibers that remained on their clothing, putting their families at risk for developing mesothelioma decades later. A North Carolina mesothelioma lawyer could examine your or a loved one's medical records and work history to determine whether a secondhand exposure claim is possible.

A mesothelioma case involves determining which companies are responsible for asbestos victim's losses, such as medical expenses, funeral costs and lost income. Lawyers can help clients obtain documents such as company pension or disability information, and also interview witnesses and develop a timeline of events.

If a mesothelioma sufferer died before the case was resolved and their family members can bring a wrongful death lawsuit to seek compensation. A wrongful death lawsuit can be filed to cover funeral and treatment costs, as well as to ensure financial security.

Asbestos victims' lawyers can seek claims against a variety of defendants, if needed, to ensure full recovery. This includes the company that supplied asbestos in the form of raw asbestos attorney or asbestos-containing products, as well as negligent employers. These companies knew that their products were causing harm and failed to warn or safeguard workers.

The EPA provides a number resources for individuals and families who suffer from illnesses related to asbestos. These resources include the TSCA Hotline and Asbestos Ombudsman. People suffering from mesothelioma or any other asbestos-related diseases can also receive compensation from trust funds set up by the surviving spouses of asbestos attorneys victims.

In contrast to workers' compensation, an asbestos lawsuit requires an attorney to represent the rights of the plaintiff, not the employer. In the case of mesothelioma suit, this means finding a seasoned lawyer who is experienced in seeking compensation from trust funds or private insurance companies who have claimed that they are not responsible for exposing asbestos victims to toxic substances that cause cancer.

Second-Hand Exposure

While the majority of mesothelioma cases are caused by exposure to asbestos but secondhand (ambient) exposure can be an risk factor. People can come in contact with asbestos while washing their clothes or interacting with furniture, or interacting with anyone who works with or handles asbestos-containing materials. These interactions can release harmful fibers in the air where people can breathe them in or ingest.

Asbestos lawsuits involving exposure from secondhand sources typically require the help of an experienced lawyer who is able to track asbestos exposure. Attorneys who have handled these types of claims will be in a position to look over documents and speak with witnesses to determine the source. Attorneys can help asbestos victims to file a lawsuit and navigate the state laws governing liability.

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

Anyone who has come into contact with contaminated laundry, furniture or other objects can file an asbestos claim. These types of lawsuits usually require the help of an experienced asbestos lawyer (read the article) who can provide evidence such as clothing labels medical records, asbestos tests. Lawyers can assist plaintiffs to identify companies that produced asbestos-containing products.

Asbestos sufferers can also bring an asbestos trust lawsuit. funds that pay fairly fixed amounts for mesothelioma and other asbestos-related illnesses. It is much easier to file a lawsuit than to sue a company individually, and often the compensation is much more easily obtained from a trust fund rather than from an employer.

Anyone who is eligible for funds from an asbestos fund should contact a law firm which is specialized in mesothelioma right away. They can determine if they are eligible for filing a claim, determine which state or jurisdiction is the most appropriate to file the lawsuit in and manage the entire procedure.

Statute of Limitations

The statute of limitation which is the maximum amount of time one can file a lawsuit in a state, can vary. In some states, the clock starts ticking when the patient is diagnosed with an asbestos-related illness, whereas in other states it starts when they are exposed for the first time.

An attorney for mesothelioma can assist patients in understanding the statute of limitations in their state and how it connects to the type of asbestos claim they're filing. Complete medical records, employment histories and pertinent information about the product are needed to prove an association between exposure to asbestos and the disease. However, it is difficult to determine a precise date of exposure due to the fact that asbestos-related diseases have a long time to develop.

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

A successful asbestos lawsuit can pay for medical expenses, home care costs, lost quality of life, pain and suffering and funeral expenses and loss of the family unit if your loved one passed away due to an asbestos-related disease. Companies who exposed asbestos workers to over $30 billion have set trust funds. The majority of mesothelioma sufferers have received financial compensation from these trust funds.

A mesothelioma lawyer will review asbestos-related proof and determine the best method to file an asbestos lawsuit, whether it is for personal injury or wrongful death. A lawyer with experience can assist in determining the best place to file. The state where the victim lived or worked as well as the location of asbestos-related firms may play a role in the filing requirements.

A seasoned mesothelioma lawyer will collect as much evidence as possible to prove the client's claim. This includes the patient's full medical documents, employment history, and the names of any asbestos-related items that were used on the job site. These documents are needed to show that the exposure to asbestos of the victim led to mesothelioma.