How to File an Asbestos Claim

A legal action is taken against companies that exposed a person or company to asbestos. The lawsuit must be filed within a specified time frame called the statute of limitations.

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

Work History

Asbestos victims need to submit to their lawyer documents that clearly state the date of their exposure to asbestos, what their job was and the length of time. 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 progress.

Workers in an industrial environment are most likely to be exposed to asbestos. However, asbestos exposure could occur in churches, schools or hospitals, military bases and in private homes. Asbestos can be found in fireproofing and insulation materials pipes, shingles, and pipes. Anyone who is exposed to these materials may inhale asbestos fibers and suffer respiratory problems and illnesses such as mesothelioma.

Many of the companies who produced asbestos were aware of the dangers but chose to keep this information from the public. This was a decision made to boost profits and safeguard the industry. These companies did not begin to compensate those who were diagnosed with mesothelioma or other diseases because of asbestos exposure until the first lawsuits were filed.

A lawsuit against a business that manufactures asbestos is a difficult task. Since asbestos is no longer in use it can be a challenge to determine the parties responsible. There are a variety of laws that can assist victims find the companies responsible for their asbestos exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) as well as the Safe Drinking Water Act and Resource Conservation and Recovery Act are just a few examples.

Asbestos trust funds are usually responsible for compensating asbestos victims. These funds were established to help injured victims receive compensation when the companies responsible for their exposure have gone under. In these cases, an experienced attorney specializing in asbestos litigation will know how to negotiate with these funds and get you the most compensation possible.

These cases are filed by the relatives of those who have passed away due to mesothelioma or an asbestos-related disease. This type of lawsuit seeks compensation for the unreimbursed medical costs, funeral expenses and loss of income of the deceased. These lawsuits are also designed to hold responsible asbestos companies accountable for their negligence.

Testimonials

If you've been diagnosed with mesothelioma or another asbestos-related disease, you can make a claim against the businesses that put you in danger. Your legal team will gather evidence to prove the companies that harmed you, including medical evidence of your diagnosis as well as the identification of the asbestos product. Many lawsuits involve dozens or more defendants, since it is typical for plaintiffs to have been exposed to various asbestos-related products over the course of their professional careers.

A lawyer who is specialized in mesothelioma lawsuits can help you find the right defendants for your case even if the companies have declared bankruptcy. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases since more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped resolve asbestos-related litigation that amounted to more than $2 billion.

In the past law firms that specialize in asbestos litigation would approach clients and then "bundle" them together into groups to file lawsuits in massive quantities. The idea was to overburden the judicial system and make lawyers richer. According to the U.S. Department of Justice this biased approach to litigation has harmed plaintiffs. It also has sucked up funds that would have been available for individuals who will develop more serious illnesses in the future.

The current compensation systems in place require attorneys to group claims based on diagnosis. This has led to an enlargement of the number of mesothelioma lawsuits. Combined with the fact that certain states have passed tort reforms that resulted in more stringent medical criteria and an inactive docket, these changes have led to a decrease in new claim filing activity between 2004 and 2006.

You can also make wrongful death lawsuits on behalf of family members of a deceased loved one who died due to asbestos exposure. New York state laws allow families to take legal action within three years of when they became aware (or should have been aware) of the injury. Other states have different statutes of limitations. New Jersey and Pennsylvania require legal action within two years.

Statute of limitations

A statute of limitations is a law that sets a deadline for filing a claim. The deadlines for filing a claim vary from state to state. They are often based on the date of the person's exposure to asbestos or the date they were diagnosed with an asbestos-related disease. There are several factors which could make it difficult to determine the correct rules.

Many people who have been exposed to asbestos attorneys are not aware of the existence of a condition for a long time after initial exposure. This is due to the time frame of mesothelioma's latency and other asbestos-related diseases. It is essential that mesothelioma patients as well as their families file a lawsuit right away due to the latency period.

The statute of limitations varies by state, but most start from the date of diagnosis. Certain states have different statutes of limitations for personal injury and wrongful death claims. In general, the statutes of limitation are shorter than personal injury ones.

Asbestos patients and their families should consult a mesothelioma attorney as soon as they can. The lawyer will review all possible sources of compensation for a client and advise on where, when and how to file. Additionally, a knowledgeable mesothelioma lawyer can help when the statute of limitation has already expired.

Lawyers for mesothelioma may suggest options to obtain compensation, even if the statute has run out. This includes trust fund claims as well as other sources of financial assistance. They might also be in a position to file the claim in a different state where the statute of limitations has not yet expired.

If the victim has not been diagnosed with mesothelioma or other cancers, the statute of limitations begins when they are diagnosed with a related illness like asbestosis or lung cancer. Some states have "discovery" statutes, which have the same effect as a traditional statute of limitations, but begin from the date of the diagnosis instead of the first exposure.

Mesothelioma attorneys must always discuss statutes of limitations with their clients and loved relatives. A knowledgeable mesothelioma lawyer can provide state-specific laws and specific situations where the statute of limitations could be tolled or suspended.

Hire a Lawyer

Asbestos lawyers know how to navigate the complex asbestos litigation. They work with other lawyers to ensure that your case gets the best possible result.

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

Once the asbestos lawyer has a better understanding of where the individual was exposed and what they did the lawyer can then engage medical experts to examine the evidence and write reports about how the exposure to asbestos caused the mesothelioma. It is vital that the asbestos lawyer is able to establish the causation element of the case as without it, the victim might not be able to claim compensation.

A mesothelioma lawyer will be able to collect the required information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information about the victim's job, asbestos-related injuries medical records, testimony from other victims and more. Additionally, a mesothelioma lawyer should be familiar with all of the different kinds of financial assistance that are available to victims and their families. This includes disability insurance, health insurance insurance and Social Security benefits.

Anyone diagnosed with mesothelioma or any other asbestos-related illness is advised to consult an asbestos lawyer. A lawyer can assist patients decide on the type of claim they should submit and assist them in filling out the paperwork. A mesothelioma lawyer who is experienced can assist people suffering from other asbestos-related illnesses file claims for compensation, such as trust fund and VA claims.