How to File an Asbestos Claim

A legal action is initiated against companies who exposed a person or company to asbestos. The lawsuit must be filed within a certain time period, also known as the statute of limitations.

Asbestos lawsuits can be filed by victims who are alive or their families. When a plaintiff dies the estate representative of their estate may continue the case in the event of the doctrine of wrongful death.

Work History

Asbestos-related victims need to provide their lawyer documents that clearly state the time they were exposed asbestos, their job description and the length of time they were exposed to asbestos. This information will help the lawyer establish a direct link between the exposure and the victim's illness. Without the correct evidence an asbestos lawsuit might not be able to proceed.

Workers in a workplace are most likely to be exposed to asbestos. It can also happen in schools and churches, hospitals, bases of military, and private homes. Asbestos is present in fireproofing, insulation pipes, shingles and pipes. Asbestos fibers can cause respiratory issues and diseases such as mesothelioma for those who are exposed to asbestos.

Many of the companies that manufactured asbestos knew of its dangers, but decided to keep this information quiet. This was a choice made in order to increase profits and safeguard the industry. It wasn't until the first asbestos lawsuits were filed that these companies began to compensate those who were diagnosed with mesothelioma and the other diseases due to exposure.

A lawsuit against an asbestos-related company is a complex task. It is difficult to determine the parties responsible since asbestos is no longer used. There are a variety of laws that help victims determine the companies accountable for their exposure to asbestos. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund, the Safe Drinking Water Act and the Resource Conservation and Recovery Act.

Asbestos victims typically get compensated by asbestos trust funds. These funds were set up to help victims receive compensation if the companies responsible for their exposure have gone bankrupt. An experienced attorney who is skilled in asbestos litigation knows how to negotiate these funds and ensure the most compensation.

Families of people who died from mesothelioma or another asbestos-related illness, may make wrongful death claims. This type of lawsuit seeks compensation for unreimbursed medical costs, funeral expenses and loss of income of the deceased. These lawsuits are also designed to hold asbestos companies responsible for their wrongful conduct.

Testimonials

You can sue companies that put you at risk if you're diagnosed with mesothelioma or any other asbestos-related illness. Your legal team will collect evidence to show that the companies harmed you. This includes medical evidence of your diagnosis and asbestos lawyers product identification. As it is common that plaintiffs have been exposed to different asbestos products throughout their career Many lawsuits contain multiple defendants.

A lawyer with a specialization in mesothelioma cases will be able to find the right defendants for your case, even if these companies have gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been working on asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases. The firm has helped to settle more than $2 billion worth of asbestos litigation.

Law firms that specialized asbestos litigation would "bundle" clients to file lawsuits in mass. The aim was to overload judicial systems and enrich lawyers. According to the U.S. Department of Justice this biased approach to litigation has hurt plaintiffs. This has also drained funds that could have been made available for individuals who will develop more serious illnesses in the future.

The current compensation systems require that attorneys group claims based on the diagnosis. This has led to a decrease in the number of mesothelioma lawsuits. In addition, certain states have implemented tort reforms that resulted in stricter medical criteria and an inactive docket, these changes have led to the reduced levels of new claims being filed between 2004 and 2006.

In addition to mesothelioma claims you can also make claims for wrongful death for family members who have lost loved ones because of asbestos exposure. New York law allows families to bring lawsuits within three years from the date they learned (or should have known) of the 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 limitations is a law that establishes the deadline for filing an action in court. These deadlines vary from state to state. They are often determined by the date of the victim's asbestos exposure or when they were diagnosed with an asbestos-related illness. There are a variety of factors that could make it difficult to determine the correct rules.

Many people exposed to asbestos don't realize they've been diagnosed with a condition until decades after their initial exposure. This is due to the mesothelioma's latency time, and other asbestos-related illnesses. Because of the latency period, it is important for mesothelioma sufferers and their families to start a lawsuit as soon as possible.

The time limit for a statute of limitations varies between states, however, in the majority of cases, it begins with the date of diagnosis. There are some states that have different statutes of limitations for wrongful death cases versus personal injury claims. In general, wrongful-death statutes of limitation are shorter than those for personal injury claims.

Asbestos victims and their families ought to consider hiring mesothelioma attorneys as early as is possible. The lawyer can review all possible sources of compensation for a client and provide advice on when, where and how to file. Additionally, an experienced mesothelioma lawyer can assist in the event that the statute of limitations has already expired.

Mesothelioma lawyers can suggest options to seek compensation even when the statute of limitations has expired for trust fund claims or other sources of financial aid. They may also be capable of filing the claim in a different state where the statute of limitations has not yet expired.

If the victim is not diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed as having an associated condition, such as lung cancer or asbestosis. Some states have "discovery statutes" which apply the same as the statutes of limitations that are used in traditional cases but begin at the date of diagnosis instead of exposure.

Mesothelioma lawyers must always discuss the statute of limitations with their clients and family members. A mesothelioma lawyer can explain state law as well as the circumstances in which the statute of limitations can be suspended or tolled.

Employ a lawyer

Asbestos lawyers know how to navigate the complexities of asbestos litigation. They work with other lawyers to ensure that your case receives the best possible outcome.

Asbestos claims are distinct from other personal injury claims. The exposure to asbestos was decades ago, and many of the companies affected have been shut down or have filed for bankruptcy. Many workers who were exposed to asbestos can't remember where they worked, and it can be difficult to identify the places they might have been in. This is why a seasoned attorney is essential because they can use the resources at his or his disposal to determine the names of the businesses which were exposed as well as the dates when they worked for them.

When the asbestos attorney has a better idea of where and how the victim was exposed to asbestos lawyers, he is able to engage medical experts to examine and write reports on the cause of mesothelioma. It is crucial that the asbestos lawyer can establish the causation component of the case as without it, the victim could not be eligible for compensation.

A mesothelioma lawyer can be able to gather the information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's employment, asbestos-related injuries medical records, testimony from other victims and much more. A mesothelioma attorney should also be knowledgeable about the various types of financial aid that are available to patients and their family members. This includes health insurance, disability insurance, and Social Security benefits.

Hiring an experienced asbestos lawyer is essential for anyone who has been diagnosed with a mesothelioma or any other asbestos-related disease. A lawyer can assist patients determine the type of claim they should submit and assist them in filling out the paperwork. An attorney for mesothelioma can assist those suffering from other asbestos-related diseases to file for compensation. This includes trust funds and VA claims.