How to File an Asbestos Claim

An asbestos claim is a legal action brought against companies that exposed someone to asbestos. Lawsuits must be filed within a specified time period, also known as the statute of limitations.

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

Work History

Asbestos-related victims must give their lawyer's documents that clearly specify when they were exposed to asbestos, what their job responsibilities are and the time for exposure. This information will allow the lawyer to establish a direct link between that exposure and the illness of the victim. A lawsuit involving asbestos may not be successful if evidence isn't there.

Asbestos is more likely to be discovered in industrial settings. However, exposure to asbestos could occur in churches, schools and military bases, hospitals and private homes. Asbestos can be found in fireproofing, insulation pipes, shingles, and pipes. People who are exposed these materials could inhale asbestos fibers and develop respiratory issues and illnesses such as mesothelioma.

Many of the companies that produced asbestos were aware of the dangers, but decided to keep the information secret. This was a choice made in order to increase profits and protect the industry. It wasn't until the first asbestos lawsuits were filed that these companies began to pay compensation to those who contracted mesothelioma or other diseases caused by 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 however many laws that assist victims in identifying the companies that are responsible for their exposure. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund as well as the Safe Drinking Water Act and the Resource Conservation and Recovery Act.

Asbestos trust funds are usually responsible for paying compensation to asbestos victims. These funds are created to help injured victims get compensation when the companies who exposed them went bankrupt. In these situations, an experienced attorney specializing in asbestos litigation will know how to negotiate with these funds and get you the maximum amount of compensation that is possible.

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

Testimonials

If you've been diagnosed with mesothelioma or an asbestos-related disease, you can file a lawsuit against the companies that put you in danger. Your legal team will gather evidence to prove that the companies who caused you harm, such as medical proof of your diagnosis and the identification of asbestos products. A lot of lawsuits involve dozens of defendants, since it is common for plaintiffs to have been exposed to a variety of asbestos products throughout their career.

A lawyer who specializes on mesothelioma cases can to locate the right defendants in your case, even if they have gone bankrupt. Young Conaway Stargatt & Taylor has been focusing on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds mesothelioma lawsuits and helped resolve asbestos-related litigation that amounted to more than $2 billion.

Firms that were specialized in asbestos litigation would "bundle" clients to file lawsuits in bulk. The idea was to overburden the judicial system and to enrich lawyers. According to the U.S. Department of Justice this biased approach to litigation has been detrimental to plaintiffs. It also has drained funds that could have been made available to people who are likely to develop more serious illnesses in the near future.

The current compensation systems require that attorneys group claims based on diagnosis. This has resulted in an increase in the number of mesothelioma lawsuits. These changes, as well as the fact that some states have implemented reforms to tort law that have led to a stricter medical criterion and an inactive docket, have led to a decrease in number of new claims filed from 2004 to 2006.

In addition to mesothelioma cases, you can file wrongful death claims for family members who lost loved ones because of asbestos exposure. New York state laws allow families to file a legal claim within three years of the date they became aware (or should have been aware) of the injury. In other states, the statutes of limitation differ, with 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 claim. The deadlines for filing a claim vary from state to state. They usually are determined by the date of the victim's asbestos exposure or when they were diagnosed with an asbestos-related disease. There are a variety of factors that can make it difficult to follow the rules.

Many people who have been 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 of mesothelioma and other asbestos-related ailments. Due to the time of latency, it is important for mesothelioma patients and asbestos claim their families to make a claim immediately if they are able to.

The statute of limitations is different in each state, but they generally start from the date of diagnosis. Some states have different statutes for wrongful-death cases and personal injury claims. In general, wrongful death statutes of limitation are less than those for personal injury claims.

Asbestos patients and their families should hire mesothelioma lawyers immediately. The lawyer will be able to review the various options for compensation and offer advice on the best way, Asbestos Claim where and when to file. A mesothelioma lawyer may also help if the statute has expired.

Mesothelioma lawyers may suggest alternatives to seek compensation even if the statute of limitations has run out for trust fund claims or other sources of financial aid. They might also be able to file the claim in a different state where the statute of limitations hasn't yet expired.

If the person is not diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed with an associated condition, like lung cancer or asbestosis. Certain states have "discovery statutes" that use the same rules as the traditional statutes of limitations, but start at the time of diagnosis instead of exposure.

Mesothelioma attorneys should always discuss the statute of limitations with clients and their loved ones. A knowledgeable mesothelioma lawyer can explain the laws of the state and specific circumstances where the statute of limitations can be suspended or tolled.

Employ a lawyer

Asbestos lawyers are able to navigate the complexities of asbestos litigation. They will collaborate with other attorneys to ensure your case has the most favorable outcome.

Asbestos claims differ from other personal injury cases. The main reason is that asbestos exposure occurred decades ago and many of the companies exposed have either filed for bankruptcy or are out of business. Often, the workers who were exposed to asbestos don't even remember where they worked and it's difficult for them to identify the locations where they may have been exposed. This is why an experienced attorney is crucial since they will be able to use the resources available to him or his disposal to discover the name of the companies that were harmed and the dates when they worked at.

After the asbestos lawyer has an understanding of the place the individual was exposed to asbestos and what they did in the area the lawyer can then engage medical experts to review the evidence and write reports about how the exposure to asbestos led to mesothelioma. It is crucial that the asbestos lawyer is able establish the causation aspect of the case because without it, the victim might not be eligible for compensation.

A mesothelioma lawyer will also be able to collect the information required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information about the victim's job or work-related asbestos-related injuries as well as medical records. Additionally, they can gather testimonials from other victims. A mesothelioma lawyer must also be aware of the different kinds of financial aid that are available to patients and their family members. This includes health insurance benefits as well as disability insurance. Social Security benefits.

Anyone who is diagnosed with mesothelioma or any other asbestos-related disease should consult an asbestos lawyer. A lawyer can help people decide on the type of claim they should make and help them fill out the paperwork. A mesothelioma attorney can also help those with other asbestos-related illnesses file for compensation. This includes trust fund and VA claims.