How to File an Asbestos Exposure Claim

An asbestos exposure claim forces asbestos producers to accept responsibility for their actions, which have hurt millions of people over the course of decades. The process can assist the families of victims receiving compensation for medical expenses, lost wages, and funeral expenses related to asbestos-related illnesses.

The people who work with asbestos typically bring asbestos fibers to their homes on their clothing and skin, exposing family members to a second exposure. This can lead mesothelioma or other asbestos-related illnesses.

Medical Records

All medical records are vital for patients with mesothelioma asbestos claim, or other asbestos-related diseases. They can help their lawyer locate the asbestos exposure that caused them to develop their disease and prove that they are entitled to compensation.

The law requires that plaintiffs submit a pathology report, images scans, and a physician's declaration linking the diagnosis to an asbestos-related health problem. Lawyers also require the patient's employment history and may include the names of jobs and businesses. Workers who have been exposed to asbestos for prolonged periods of time, like those in the construction industry, are at higher risk of developing mesothelioma and other illnesses.

An experienced mesothelioma lawyer can also assist with obtaining additional evidence, like a client's workers compensation claims, veterans' benefits and other financial accounts. These documents can give valuable information regarding asbestos product manufacturers or employers.

If a patient is diagnosed with mesothelioma from a doctor, their attorney can bring a lawsuit for personal injury or wrongful death against asbestos product makers. The time limit for filing a lawsuit varies from one jurisdiction to the next. For instance in New York State, legal action must be filed within three years from the time the victim was aware (or should have known from the signs) that the person was suffering from an asbestos-related condition.

Victims can also seek out compensation from a trust fund that deals with asbestos, in addition to taking legal action against the manufacturer. The process can be complicated but a mesothelioma attorney will take care of every step of the claim.

It's also possible for victims or their families to file a wrongful-death lawsuit against the employer. This type of lawsuit is different from a personal injury lawsuit and typically involves liens. Liens are financial agreements between the insurer of an accused and a family member or victim of a mesothelioma asbestos claim patient.

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 patients and their families may be entitled to compensation for their losses. This could include funeral costs as well as lost wages and discomfort and pain.

Work History

If you or a loved one was exposed to asbestos, establishing an extensive work history is important. It will help lawyers determine the type of claim that is appropriate and the documentation needed to support it.

Many tradesmen were exposed to asbestos in the 20th century, which included those working in construction, insulation, and shipyard work. These workers often brought home asbestos fibers on their clothes which put their families at risk of developing mesothelioma decades later. A North Carolina mesothelioma lawyer could look over your or someone else's medical records and work history to determine whether a secondhand exposure claim is possible.

In a mesothelioma lawsuit the plaintiff must decide which companies are accountable for asbestos victims’ losses that include medical expenses, funeral costs and income loss. Lawyers can assist clients in getting documents like pension or disability information from their employers, interviewing witnesses and creating a timeline.

If a mesothelioma patient passes away before their case is resolved the family of the victim can file a lawsuit for wrongful death in order to collect compensation. A wrongful death suit may be filed to cover funeral and treatment costs, as well as to secure financial security.

If necessary, asbestos victims' attorneys can file claims against a variety of defendants to ensure full settlement. This could include the company that supplied raw asbestos, manufacturers of asbestos-related products, and negligent employers. These companies knew their Asbestos Cancer Claims products could cause harm, but did not warn or protect workers.

The EPA provides a variety of resources for families and individuals suffering from asbestos-related diseases. The TSCA Hotline, Asbestos Ombudsman and other resources are accessible. Trust funds set up by the surviving spouses or asbestos victims could provide compensation to individuals who suffer from asbestos-related diseases like mesothelioma.

In contrast to workers' compensation asbestos lawsuits require an attorney who represents not the employer, but rather the client. If it's a mesothelioma suit requires a lawyer who has expertise in seeking compensation against trust funds or private insurers that have averted responsibility for exposing asbestos victims cancer-causing substances.

Second-Hand Exposure

Secondhand (ambient exposure) exposure to ambient light can be an important risk factor, even though most mesothelioma is caused by asbestos exposure that is firsthand. Individuals can come in contact with asbestos while doing laundry as well as when interacting with furniture or interacting with someone who works or handles asbestos-containing products. These interactions can release harmful fibers into the air which others inhale or inhale them.

In most cases, asbestos lawsuits involving secondhand asbestos exposure require the assistance of an experienced attorney that knows how to locate asbestos. Attorneys who have handled these kinds of claims will be able to review documents and speak with witnesses in order to determine the source. Attorneys can also assist victims file an asbestos lawsuit and navigate the state laws regarding liability.

In most instances, secondhand exposure to asbestos is the result of a blue-collar worker taking asbestos fibers home after work shifts. Workers brought their contaminated hair, clothing, and equipment home, where they sat on couches, used appliances, and brushed against surfaces for a few minutes or even hours after. The contact with family members, including children and spouses exposed them to asbestos. They may not realize they were bringing carcinogenic materials in their homes. The tiny, minuscule fibres would usually get stuck to clothing, asbestos cancer claims hair or even skin.

Asbestos claims can be filed by individuals who have come into contact with contaminated furniture, laundry or other products. This type of lawsuit typically requires the assistance of an asbestos lawyer who can provide evidence such as clothing tags, medical records and asbestos tests. Lawyers can assist plaintiffs in identifying companies that made asbestos-containing products.

Asbestos victims may also file a lawsuit against asbestos trust funds that pay relatively fixed amounts for mesothelioma as well as other asbestos-related illnesses. It is easier to bring a lawsuit than to sue a single company and, often the compensation what is the average settlement for asbestos claim much easier to get from a trust fund than from an employer.

Anyone who is eligible to receive funds from an asbestos trust fund should contact a mesothelioma law firm right away. These attorneys can determine eligibility for filing claims, and determine which state or region is the most appropriate to file the lawsuit and manage the entire procedure.

Statute of Limitations

The statute of limitations, which sets the time limit for when a person has to make a claim, can differ by state. In certain states, the clock starts to tick as soon as a patient receives a diagnosis of an asbestos-related condition, while in others the process begins the moment they are first exposed.

A mesothelioma lawyer can assist patients in understanding the statute of limitations in their state and how it is connected with the kind of asbestos claim they have filed. Detailed medical records, employment history and relevant information about the product are needed to show a link between exposure and the asbestos-related illness. It is, however, difficult to pinpoint a specific date of exposure because asbestos-related diseases are known to have a long time to develop.

A knowledgeable lawyer can evaluate the victim's medical and legal options, including filing an individual or group lawsuit against negligent asbestos companies. This could be a company that mined asbestos or made asbestos-containing products or an employer that knew about employee exposure and did not protect them.

A successful asbestos lawsuit could help pay for medical expenses home care costs, lost quality of life, pain and suffering and funeral expenses and loss in the consortium of your loved one who passed away from an asbestos-related disease. Companies that exposed asbestos workers to more than $30 billion have set aside trust funds. The majority of mesothelioma victims have received financial settlements from these trust funds.

A specialist mesothelioma lawyer can examine evidence related to asbestos and determine the best way to file an asbestos lawsuit, either for personal injury or the wrongful death of a victim. A knowledgeable lawyer can help determine where to file, as states where the victim resided or worked as well as the locations of asbestos-related companies may influence filing requirements.

An experienced mesothelioma attorney will collect as much evidence as possible to support a client's claim. The evidence can include the medical records of the patient as well as the employment record of the patient and any asbestos-related products employed on the job. These documents are required to show that the exposure to asbestos of the victim resulted in mesothelioma.