How to File an Asbestos Claim

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

Asbestos lawsuits can be filed by living victims or their families. When a plaintiff passes away, their estate representative may continue the case in the event of the doctrine of wrongful death.

Work History

Asbestos-related victims have to give their lawyer documents that clearly state when they were exposed to asbestos, the nature of their work and the length of time they were exposed to asbestos. This will enable the lawyer to establish a direct link between asbestos exposure and the victim’s health condition. Without the right evidence that an asbestos lawsuit has, it may not be able to progress.

People who work in an industrial setting are more likely to be exposed to asbestos. It can also happen in schools and churches as well as hospitals, bases of military, as well as private residences. Asbestos is present in insulation, fireproofing materials, pipes and shingles. Asbestos fibers can cause respiratory issues and diseases such as mesothelioma in people who are exposed to the material.

Many companies that produced asbestos were aware of its dangers however they decided to not speak about it. This decision was made to protect the industry and increase profits. The companies didn't begin to pay compensation to those who developed mesothelioma or other diseases due to asbestos exposure until the first lawsuits were filed.

A lawsuit against an asbestos company can be a difficult task. Because asbestos is no longer in use, it can be difficult to determine who is responsible. However, there are a variety of laws that help victims find the companies that are 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 victims are typically compensated by asbestos trust funds. These are funds that 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 who specializes in asbestos litigation will know how to negotiate with these funds and get you the most amount of compensation you can get.

Families of those who have died from mesothelioma, or an asbestos-related disease, can make wrongful death claims. This type of claim seeks damages for the deceased person's unreimbursed funeral expenses, medical bills and loss of income. These lawsuits also seek to hold asbestos companies responsible for their wrongful conduct.

Testimonials

You can sue companies who put you at risk if you're diagnosed with mesothelioma, or another asbestos-related disease. Your legal team will gather proof to prove that the businesses harmed you. This includes medical proof of your diagnosis as well as asbestos product identification. A lot of lawsuits involve dozens of defendants, since it is common for plaintiffs to have been exposed to various asbestos-related products during their careers.

A lawyer who specializes on mesothelioma cases will be able find the right defendants in your case, even if they have been bankrupt. Young Conaway Stargatt & Taylor has been focusing on asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has been involved in 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 approach clients and then "bundle" them together into groups to file lawsuits in large quantities. The idea was to overburden the judiciary and increase the wealth of lawyers. According to the U.S. Department of Justice, this skewed litigation approach has been detrimental to plaintiffs. The result is that funds are being drained that could have been made available to those who develop more serious illnesses in the future.

The current compensation system requires attorneys group claims according to diagnosis. This has resulted in an increase in the number of mesothelioma lawsuits. These changes, as well as the fact some states have passed reforms to tort law that have resulted a stricter medical criterion and an inactive docket have contributed to a decrease in number of new claims filed between 2004 to 2006.

In addition to mesothelioma cases you can also make claims for wrongful death for family members who have lost loved ones because of asbestos exposure. New York state laws allow families to pursue legal action within three years of when they became aware (or should have been aware) of the injury. Other states have different statutes of limitation. New Jersey and Pennsylvania have a two-year deadline for legal action.

Statute of Limitations

A statute of limitations is a law that establishes an expiration date for filing a legal claim. These deadlines vary by state. These deadlines are usually determined by the time that the victim was exposed to asbestos or was diagnosed with an asbestos-related disease. However, there are several factors that could complicate these rules.

Many people who have been exposed to asbestos do not realize that they are suffering from a disease for a long time following the initial exposure. This is due to the mesothelioma latency period and other asbestos attorney-related diseases. Due to the time of latency it is crucial for mesothelioma victims and their families to file a lawsuit as soon as possible.

The time limit for a statute of limitations differs by state, but most start with the date of diagnosis. Some states have different statutes of limitations for personal injury and wrongful death claims. In general, wrongful-death statutes of limitation are less than those for personal injury claims.

Asbestos patients and their families should hire an attorney for mesothelioma as soon as possible. The lawyer will be able to evaluate all possible sources of compensation and provide guidance on how, where and when to file. A knowledgeable mesothelioma lawyer can help in the event that the statute of limitations has already expired.

Mesothelioma lawyers can suggest options to seek compensation even when the statute of limitations has run out, such as trust fund claims or other sources of financial assistance. They may be able file the claim in a jurisdiction where the statute has not expired.

If the person is not diagnosed with mesothelioma the statute of limitation begins when they are diagnosed with a related condition such as lung cancer or asbestosis. Some states have "discovery" statutes, which apply the same as a standard statute of limitations but start from the date of the diagnosis instead of the first exposure.

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

Hire a lawyer

Asbestos lawyers are able to navigate through the complicated asbestos litigation. They will collaborate with other lawyers to ensure that your case gets the best possible result.

Asbestos cases are different from other personal injury cases. The reason for this is that asbestos exposure happened years ago, and a lot of the companies that were exposed have either declared bankruptcy or have gone out of business. Many of the workers who were exposed to asbestos don't remember the places they worked in and it is difficult for them identify the locations they may have been in. A knowledgeable attorney can assist you with this as he/she will be able to use the resources available to him/her to find out what companies were affected and when they worked at the place.

Once the asbestos attorney has an understanding of the place the individual was exposed and what they did the lawyer will then call in medical experts to examine the evidence and prepare reports about how the exposure to asbestos led to mesothelioma. It is essential that the asbestos lawyer is able to establish the causation component of the case since without it, the victim may not be eligible for compensation.

A mesothelioma lawyer will be able to collect the information needed to bring a lawsuit against asbestos and a trust fund claim for the victim. This includes gathering information on the victim's occupation as well as asbestos-related injuries, and medical records. Additionally, they can gather testimonies of other victims. In addition, a mesothelioma lawyer should be familiar with all of the different kinds of financial aid that are available to victims and their families. This includes health insurance benefits as well as disability insurance and Social Security benefits.

Anyone diagnosed with mesothelioma, or any other asbestos-related condition should consult an asbestos lawyer. A lawyer can help people decide on the kind of claim they should make and help them fill the necessary paperwork. An experienced mesothelioma lawyer will assist people suffering from other asbestos attorney-related diseases file claims for compensation, which includes trust fund and VA claims.