How to File an Asbestos Claim

A legal action is taken against companies who exposed a person to asbestos. The statute of limitations is a time limit within which lawsuits have to be filed.

Asbestos lawsuits can be filed by those who are alive or their families. When a plaintiff passes away and their estate representative is appointed, they can 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 length of time they were exposed to asbestos. This will enable the lawyer to establish a direct connection between asbestos exposure and the victim's disease. Without the correct evidence an asbestos lawsuit might not be able to move forward.

People who work in an industrial setting are most likely to be exposed to asbestos. However, this exposure also could occur in schools, churches or military bases, hospitals and private residences. Asbestos is found in insulation, fireproofing materials pipes, shingles, and pipes. Asbestos fibers can cause respiratory problems and diseases such as mesothelioma for those who are exposed to asbestos.

Many companies that produced asbestos were aware of the dangers however they decided to not speak about it. This was a choice made in order to increase profits and safeguard the industry. It was not until the first asbestos lawsuits were filed that these companies started to pay compensation to those who developed mesothelioma and other illnesses caused by exposure.

A lawsuit against a company that produces asbestos is a complicated task. Because asbestos is no longer in use it can be difficult to determine who is responsible. There are a number of laws that can help victims find the companies responsible for their exposure to asbestos. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund and the Safe Drinking Water Act and the Resource Conservation and Recovery Act.

Asbestos victims are typically compensated by asbestos trust funds. These funds are set up to assist victims of asbestos get compensation when the companies which exposed them have gone bankrupt. An experienced attorney who is skilled in asbestos litigation is able to negotiate these funds to ensure the most compensation.

Wrongful death cases are filed by the family members of people who have passed away from mesothelioma, or another asbestos-related disease. This type of claim seeks compensation for the deceased person's unreimbursed funeral costs, medical expenses and loss of income. These lawsuits also seek to hold asbestos companies responsible for their negligence.

Testimonials

You can sue the companies that put you at risk if you are diagnosed with mesothelioma or another asbestos-related condition. Your legal team will collect proof to prove that the companies harmed you. This includes medical evidence of your diagnosis and asbestos product identification. A lot of lawsuits involve dozens of defendants, as it's typical for plaintiffs to have been exposed to different asbestos-related products throughout their careers.

A lawyer who specializes in mesothelioma lawsuits can help you find the appropriate defendants for your case, even if these companies have been declared bankrupt. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases and helped to settle more than $2 billion of asbestos litigation.

In the past, law firms that were specialized in asbestos litigation would seek clients and then "bundle" them into groups to file lawsuits in massive quantities. The goal was to overwhelm the judicial system and make lawyers richer. According to the U.S. Department of Justice this biased approach to litigation has been detrimental to plaintiffs. It has also depleted funds which could have been provided to individuals who are expected to develop more serious illnesses in the future.

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

In addition to mesothelioma claims, you can file wrongful death claims for family members who lost a loved one because of asbestos exposure. New York law allows families to start an action within three years of the date they learned (or should have known) of the 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 imposes the deadline for filing an action in court. The deadlines for filing a claim vary from state to state. The deadlines are typically based on when the victim was exposed to asbestos or diagnosed with an asbestos-related illness. There are a variety of factors that could make it difficult to determine the correct rules.

Many asbestos-related exposure victims do not know they have been diagnosed with a condition until decades after their first exposure. This is due to the mesothelioma's latency time, and other asbestos-related diseases. It is important that mesothelioma sufferers and their families file a lawsuit right away due to the latency period.

The time limit for a statute of limitations differs according to state, but the majority start from the date of diagnosis. There are some states that have different statutes of limitation for wrongful deaths versus personal injury claims. In general, wrongful death statutes of limitations are shorter than personal injury ones.

Asbestos victims and their families ought to consider hiring a mesothelioma lawyer as early as possible. The lawyer will review all of the potential sources of compensation for a client and advise on when, where and the best way to file. A mesothelioma lawyer may assist in cases where the statute is expired.

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

If the patient is not diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed as having an associated condition, like lung cancer or asbestosis. Certain states have "discovery statutes" that apply the same as the traditional statutes of limitations but begin with the date of diagnosis instead of exposure.

Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and loved ones. A knowledgeable mesothelioma lawyer will explain the laws of the state and specific situations where the statute of limitations could be extended or suspended.

Hire a Lawyer

Asbestos lawyers are able to navigate the complex asbestos litigation. They work with other lawyers to ensure that your case gets the best possible outcome.

Asbestos lawsuits differ from other personal injury cases. The exposure to asbestos took place decades ago, and many of the companies affected have been shut down or declared bankruptcy. Many times, those who were exposed do not even remember where they worked, and it is hard to pinpoint the places where they might have been exposed. This is where an experienced attorney is critical because they will be able to use the resources at his disposal to determine the names of the companies which were exposed as well as the dates when they worked for them.

Once the asbestos attorney (talks about it) has a better understanding of where the individual was exposed and what they did in the area the lawyer will then call in medical experts to look over the evidence and write reports on how exposure to asbestos led to mesothelioma. It is essential that the asbestos lawyer can establish the causation element of the case since without it, the victim might not be eligible for compensation.

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

Anyone who is diagnosed with mesothelioma or any other asbestos attorneys-related condition is advised to consult an asbestos lawyer. A lawyer will be able to help individuals determine which type of claim is best for them and help them file the appropriate documents. An experienced mesothelioma lawyer can assist those suffering from other asbestos-related diseases file claims for compensation, which includes trust fund and VA claims.