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 specified time period called the statute of limitations.

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

Work History

Asbestos-related victims have to give their lawyer documents that clearly state the time they were exposed asbestos, their job description and the time for exposure. This will enable the lawyer to establish a direct link between asbestos exposure and the victim’s health condition. Without the correct evidence an asbestos lawsuit might not be able to progress.

People who work in an industrial environment are more likely to be exposed to asbestos. The exposure can also be found in schools and churches as well as hospitals, bases of military, and private homes. Asbestos can be found in pipes, shingles insulation, fireproofing materials. Anyone who is exposed to these materials can inhale asbestos fibers and develop respiratory problems and other illnesses, such as mesothelioma.

Many of the companies that produced asbestos knew of its dangers but chose to keep this information quiet. This was done to ensure the safety of the industry and to increase profits. It wasn't until first asbestos lawsuits were filed that these companies began to compensate those who contracted mesothelioma or other diseases caused by exposure.

A lawsuit against an asbestos company can be a difficult task. Since asbestos is no longer used it can be difficult to determine who is responsible. However, there are many laws that can help victims identify 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 just a few examples.

Asbestos victims typically get compensated by asbestos trust funds. These funds are created to help injured victims get compensation when the companies which exposed them have gone into bankruptcy. In these instances an experienced lawyer who specializes in asbestos litigation will know how to negotiate with these funds to ensure you receive the highest amount of amount of compensation that is possible.

Families of those who died from mesothelioma, or another asbestos-related illness, may file wrongful death cases. This type of lawsuit seeks compensation for the deceased person's unreimbursed funeral expenses, medical bills and loss of income. These lawsuits also seek to hold asbestos companies responsible 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 collect evidence to prove that the companies harmed you. This includes medical proof of your diagnoses and asbestos product identification. Many lawsuits involve dozens or more defendants, since it is typical for plaintiffs to be exposed to various asbestos-related products over the course of their careers.

A lawyer who is specialized in mesothelioma cases will be able find the right defendants in your case even if they've gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has been involved in hundreds of mesothelioma cases. He has also helped resolve over $2 billion of asbestos litigation.

Firms that were specialized in asbestos litigation would "bundle" clients together to file lawsuits on a mass basis. The aim was to overload judicial systems and enrich lawyers. This unbalanced approach to litigation has harmed plaintiffs, according to the U.S. Department of Justice. The result is that funds are being drained that would have been accessible to people who develop more serious illnesses in the future.

The current compensation system requires that attorneys group claims based on the diagnosis. This has resulted in an increase in the number of mesothelioma lawsuits. In addition, certain states have passed tort reforms that have resulted in stricter medical requirements and an inactive docket these changes have led to the decrease in new claim filing activity from 2004 to the year 2006.

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 lawsuits within three years of the date they learned (or should have been aware) of an injury. Other states have different statutes of limitations. New Jersey and Pennsylvania have a two-year deadline for legal action.

Statute of Limitations

A statute of limitations is a law that establishes an expiration date for filing an action in court. These deadlines vary from state to state. They are usually based on the date of the victim's asbestos exposure or the date they were diagnosed with an asbestos-related disease. However, there are a variety of factors that can complicate the rules.

Many people exposed to asbestos do not realize they have been diagnosed with a condition until decades after their initial exposure. This is due to the time frame of mesothelioma's latency and other asbestos-related ailments. It is crucial that mesothelioma sufferers and their families file a lawsuit immediately due to the latency period.

The statute of limitations varies by state, but most begin from the date of diagnosis. Some states have different statutes of limitations for personal injury and wrongful death claims. In general, wrongful death statutes of limitations are shorter than personal injury ones.

Asbestos victims and their families should think about hiring a mesothelioma lawyer as early as is feasible. The lawyer can review all possible sources of compensation and give guidance on the best way, where and when to file. A mesothelioma lawyer can also help if the statute of limitations has expired.

Mesothelioma lawyers can recommend options to obtain compensation even in the event that the statute of limitations has expired, such as trust fund claims or other sources of financial assistance. They may also be capable of filing the claim in another jurisdiction where the statute of limitations has not yet expired.

If the patient has not been diagnosed with mesothelioma, their statute of limitations begins when they are diagnosed with a related illness like asbestosis or lung cancer. Some states have "discovery" statutes that follow the same rules as a traditional statute of limitations but start from the date of the diagnosis instead of the original exposure.

Mesothelioma lawyers should always discuss the statute of limitations with their clients and family members. An attorney for mesothelioma can explain the state law as well as the circumstances where the statute of limitations can be tolled or suspend.

Hire a Lawyer

Asbestos lawyers are able to navigate the complexities of asbestos litigation. They will collaborate with other lawyers to ensure that your case is given the best possible result.

Asbestos cases are different from other personal injury cases. The exposure to asbestos occurred years ago, and a lot of those companies have gone out of business or filed for bankruptcy. Many workers who were exposed to asbestos don't remember where they worked, and it can be difficult to identify the locations they may have worked in. An experienced attorney can help you with this as he/she will be able use the tools available for determining which companies were exposed and the time they worked at the place.

Once the asbestos attorney has a better understanding of where the person was exposed and what they did there the lawyer can then engage medical experts to look over the evidence and prepare reports on how exposure to asbestos led to the mesothelioma. It is important that the asbestos lawyer is able establish the causation part of the case, because without it, the victim may not qualify 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 gathering information on the victim's work or work-related asbestos-related injuries as well as medical records. Also, it includes the testimonies of other victims. A mesothelioma lawyer must also be knowledgeable about the various types of financial aid available to victims and their family members. This includes disability insurance, health insurance insurance and Social Security benefits.

Anyone who is diagnosed with mesothelioma or any other asbestos attorney-related illness, should hire an asbestos lawyer. An attorney can help determine what kind of claim they need to submit and assist them in filling out the paperwork. An attorney for mesothelioma can help those with other asbestos-related diseases to file for compensation. This includes trust fund and VA claims.