How to File an Asbestos Claim

An asbestos claim is a legal proceeding against businesses that exposed a person to asbestos. The lawsuit must be filed within a specific time frame called the statute of limitations.

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

Work History

Asbestos victims need to give their lawyer documents that clearly indicate the date they were exposed to asbestos, their job entailed and the length of time. This information will assist the lawyer establish a direct link between that exposure and the illness of the victim. A lawsuit involving asbestos could not be successful if evidence isn't there.

People who work in an industrial setting are more likely to be exposed to asbestos. It can also happen in churches and schools, hospitals, bases of military, as well as private homes. Asbestos is found in fireproofing and insulation materials, pipes and shingles. Asbestos fibers can cause respiratory issues and other diseases like mesothelioma among those who are exposed to this material.

Many of the companies that manufactured asbestos were aware of the dangers, but chose to keep this information from the public. This was a decision made to boost profits and protect the industry. It wasn't until the first asbestos lawsuits were filed that the companies began to compensate those who developed mesothelioma and other ailments due to exposure.

A lawsuit against a company that produces asbestos can be a complicated process. It is difficult to determine the parties responsible since asbestos is no more in use. However, there are many laws that help victims find 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.

Asbestos trust funds are generally responsible for paying compensation to asbestos victims. These funds are set up to help victims get compensation if the businesses responsible for their exposure have gone into bankruptcy. In these instances, an experienced attorney specializing in asbestos litigation will be able to negotiate with these funds to get you the most compensation possible.

Families of those who have died from mesothelioma or another asbestos-related illness, may bring wrongful death lawsuits. This type of claim seeks to recover the unpaid funeral expenses, medical costs and loss of income of the deceased. These lawsuits also seek to hold the asbestos companies responsible for their wrongful conduct.

Testimonials

Once you have been diagnosed with mesothelioma or another asbestos-related illness, you may bring a lawsuit against the companies who put you in danger. Your legal team will collect evidence to prove the companies that caused harm to you, which includes medical proof of your diagnosis and asbestos product identification. Many lawsuits involve dozens or more defendants, as it's typical for plaintiffs to have been exposed to a variety of asbestos products during their career.

A lawyer that specializes in mesothelioma cases will to locate the right defendants for your case, even if they have been bankrupt. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases since more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases and helped resolve over $2 billion of asbestos litigation.

In the past law firms that specialized in asbestos litigation would seek clients and then "bundle" them together into groups to file lawsuits in large quantities. The idea was to overburden the judicial system and make lawyers richer. According to the U.S. Department of Justice, this skewed litigation approach has hurt plaintiffs. It also has sucked up funds that could have been made accessible to people who develop more serious illnesses in the future.

The current compensation system demands that attorneys group claims based on the diagnosis. This has resulted in a decrease in the number of mesothelioma lawsuits. Combined with the fact that certain states have implemented tort reforms which have resulted in more stringent medical criteria and an inactive docket, these changes have contributed to the reduced levels of new claim filings from 2004 to 2006.

You can also bring wrongful death lawsuits on behalf family members of a loved one who died who died from asbestos exposure. New York law allows families to start lawsuits within three years of the time they were aware (or were aware) of an 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 limitation is a law that establishes a deadline for filing a claim. The deadlines vary according to the state. The deadlines are typically based on when the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. There are several factors which could make it difficult to determine the correct rules.

Many people who have been exposed to asbestos are unaware that they are suffering from a disease for a long time after initial exposure. This is due the mesothelioma's latency time, and other asbestos-related diseases. It is important that mesothelioma sufferers and their families file a lawsuit immediately due to the latency period.

The time limit for a statute of limitations differs according to state, but the majority begin from the date of diagnosis. Certain states have different statutes of limitations for wrongful-death cases and personal injury claims. In general, wrongful death statutes of limitations are less than personal injury ones.

asbestos attorney victims and their families ought to consider hiring mesothelioma attorneys as early as possible. The lawyer will be able to evaluate the various options for compensation and give suggestions on how, where and when to file. A mesothelioma lawyer could also help if the statute of limitations has expired.

Mesothelioma lawyers may suggest alternatives for obtaining compensation even in the event that the statute of limitations has passed for example, trust fund claims or other sources of financial assistance. They might be able to file the claim in a jurisdiction where the statute has not expired.

If the victim has not been diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed with a related illness, such as asbestosis or lung cancer. Certain states have "discovery statutes" that use the same rules as the statutes of limitations that are used in traditional cases, but start at the time of diagnosis instead of exposure.

Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and loved ones. A mesothelioma attorney can explain state law as well as the circumstances where the statute of limitations could be tolled or suspended.

Employ a lawyer

asbestos lawyers - chessdatabase.Science, know how to navigate the complex asbestos litigation. They work with other lawyers to ensure that your case receives the most favorable outcome.

Asbestos lawsuits differ from other personal injury cases. The exposure to asbestos was several decades ago, and a large number of the companies affected have been shut down or filed for bankruptcy. Often, the workers who were exposed don't even remember where they worked, and it's difficult for them to identify the places where they might have been exposed. A knowledgeable attorney can assist you with this because he/she will be able to use the resources available to for determining which companies were affected and when they worked for them.

When the asbestos attorney has a clear idea of where and how the victim was exposed to asbestos, he can engage medical experts to examine and write reports on the causes of mesothelioma. It is essential that the asbestos lawyer can establish the causation component of the case because without it, the victim may not be eligible for compensation.

A mesothelioma lawyer can be able to collect the necessary information that is required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's employment, asbestos-related injuries medical records, testimony from other victims and much more. Additionally, a mesothelioma lawyer should be acquainted with the various types of financial assistance that are available to victims and their families. This includes health insurance, disability insurance, and Social Security benefits.

Anyone who is diagnosed with mesothelioma or any other asbestos-related illness is advised to consult an asbestos lawyer. A lawyer is in a position to assist patients decide which claim is the best for them and help to file the proper paperwork. A mesothelioma lawyer can help those with other asbestos-related diseases to file for compensation. This includes trust fund and VA claims.