How to File an Asbestos Claim

Legal action is taken against companies that exposed a person or a company to asbestos. The statute of limitations is a period within which lawsuits have to be filed.

Asbestos lawsuits can be brought by living victims or their families. If a plaintiff dies the estate representative of their deceased victim may continue the case in a lawsuit for wrongful deaths.

Work History

asbestos lawyers sufferers must provide their lawyer with documents that clearly indicate the date of their exposure to asbestos, their job was and for how long. This information will allow the lawyer to establish a direct connection between the asbestos exposure and the victim's illness. Without the right evidence, an asbestos lawsuit may not be able to progress.

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

Many companies that made asbestos were aware of the dangers, but chose to keep it quiet. This was a decision taken in order to increase profits and protect the industry. These companies did not begin to compensate those who developed mesothelioma or other illnesses because of asbestos exposure until the first lawsuits were filed.

A lawsuit against a company which manufactures asbestos is a difficult task. It is difficult to determine the parties responsible since asbestos is no more used. However, there are many laws that assist victims in identifying the companies responsible for their exposure. These 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.

Trust funds for asbestos are typically accountable for the payment of asbestos victims. These funds are established to help injured victims get compensation if the businesses responsible for their exposure have gone bankrupt. In these instances, an experienced attorney specializing in asbestos litigation will know how to bargain with these funds and get you the maximum amount of compensation you can get.

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

Testimonials

Once you have been diagnosed with mesothelioma or another asbestos-related disease, you can bring a lawsuit against the companies that put you in harm's way. Your legal team will gather evidence to prove that the companies that harmed you, including medical proof of your diagnosis and asbestos product identification. Because it is commonplace for plaintiffs have been exposed various asbestos-related products throughout their careers, many lawsuits contain multiple defendants.

A lawyer who is specialized in mesothelioma cases will be able to find the most suitable defendants for your case even if the companies have declared bankruptcy. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds mesothelioma lawsuits and helped settle asbestos-related litigation that amounted to more than $2 billion.

Law firms that specialized asbestos litigation would "bundle" clients to file lawsuits on a mass basis. The aim was to overload the legal system and benefit lawyers. According to the U.S. Department of Justice, this skewed litigation approach has been detrimental to plaintiffs. It also has sucked up funds that could have been made available to those who develop more serious illnesses in the future.

The current compensation system demands that attorneys group claims according to the diagnosis. This has led to an increase in mesothelioma claims being filed. 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 claims being filed from 2004 to the year 2006.

You can also file wrongful death lawsuits for family members of a deceased loved one who died due to asbestos exposure. New York law allows families to file a lawsuit within three years from the time they were aware (or should have been aware) of the injury. In other states the statutes of limitations are different and include New Jersey and Pennsylvania requiring legal action within two years.

Statute of limitations

A statute of limitations is a law that establishes an expiration date for filing an action in court. These deadlines differ by state. These deadlines are usually determined by the time that the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. There are however a number of aspects that can alter the rules.

Many people exposed to asbestos do not know they have been diagnosed with a condition until decades after their first exposure. This is due to the latency period for mesothelioma, and other asbestos-related diseases. Due to the time of latency, it is important for mesothelioma victims and their families to file a lawsuit immediately if they are able to.

The statute of limitations varies in each state, but they generally start with the date of diagnosis. There are states with different statutes of limitation for wrongful deaths versus personal injury claims. In general, the statutes of limitations are less than personal injury ones.

Asbestos patients and their families must hire an attorney for mesothelioma as soon as they can. The lawyer will go over all possible sources of compensation for a client and provide advice on when, where and the best way to file. Additionally, a knowledgeable mesothelioma attorney can help when the statute of limitation has already expired.

Mesothelioma lawyers can suggest options to seek compensation even in the event that the statute of limitations has expired for trust fund claims or other sources of financial assistance. They may be able file the claim in a state in which the statute of limitations has not expired.

If the person hasn't been diagnosed with mesothelioma, their statute of limitations begins when they are diagnosed with a related condition like asbestosis or lung cancer. Certain states have "discovery statutes" that apply the same as the traditional statutes of limitations but begin at the time 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 and also the situations where the statute of limitations could be tolled or suspend.

Hire a Lawyer

Asbestos attorneys know how to navigate the complexities of asbestos litigation. They will collaborate with other lawyers to ensure that your case is given the best possible outcome.

Asbestos claims are distinct from other personal injury claims. The main reason is because asbestos exposure occurred decades ago and many of the companies exposed have either filed for bankruptcy or are out of business. Many times, those who were exposed to asbestos don't even remember where they worked and it's difficult for them to determine the locations in which they could have been exposed. This is where an experienced attorney is crucial since they can use the resources at his or his disposal to discover the names of the businesses that were harmed and the dates that they worked for them.

Once the asbestos lawsuit attorney - see post - has an understanding of the location to which the person was exposed and what they did, he or she can then engage medical experts to review the evidence and create reports on how exposure to asbestos triggered mesothelioma. It is important that the asbestos lawyer is able to establish the causation aspect of the case, as without it, the victim may not qualify for compensation.

A mesothelioma lawyer can be able to collect the 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 as well as asbestos-related injuries medical records, testimonials from other victims and much more. Additionally, a mesothelioma lawyer should be familiar with the various kinds of financial assistance that are available to victims and their families. This includes health insurance, disability insurance and Social Security benefits.

Anyone diagnosed with mesothelioma or any other asbestos-related condition is advised to consult an asbestos lawyer. A lawyer can help people decide on the type of claim they should submit and assist in filling out the paperwork. A mesothelioma lawyer can help those with other asbestos-related diseases file for compensation. This includes trust fund and VA claims.