How to File an Asbestos Claim

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

Asbestos lawsuits can be filed by victims who are still alive or their families. If a plaintiff dies and their estate representative is appointed, they can continue the case in the event of wrongful death.

Work History

Asbestos-related victims must give their lawyer's documents that clearly specify the date 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 the asbestos exposure and the victim's illness. Without the proper evidence an asbestos lawsuit might not be able to move forward.

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

Many asbestos-producing companies were aware of its dangers, but chose to not speak about it. This was a decision taken to boost profits and protect the industry. It was not until the first asbestos lawsuits were filed that these companies started to pay compensation to those who were diagnosed with mesothelioma and the other illnesses due to exposure.

A lawsuit against an asbestos firm is a complicated process. It can be difficult to identify the responsible parties since asbestos is no more in use. There are many laws that can assist victims determine the companies accountable for their asbestos exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) The Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.

Asbestos trust funds are usually responsible for paying compensation to asbestos victims. These funds were established to help injured victims receive compensation when the companies responsible for their exposure have gone bankrupt. In these instances an experienced lawyer who specializes in asbestos litigation will be able to negotiate with these funds and get you the maximum amount of compensation that is possible.

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

Testimonials

If you've been diagnosed with mesothelioma, or another asbestos-related illness, you may file a lawsuit against the businesses that put you in harm's way. Your legal team will gather evidence to prove that the companies harmed you. This includes medical evidence of your diagnosis as well as asbestos product identification. As it is common that plaintiffs have been exposed various asbestos-related products throughout their lives Many lawsuits contain multiple defendants.

A lawyer who specializes on mesothelioma cases will be able find the right defendants for your case even if they've gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma lawsuits and has helped settle asbestos litigation worth more than $2 billion.

Firms that were specialized in asbestos litigation would "bundle" clients to file lawsuits in bulk. The aim was to overload the judicial system and enrich the lawyers. This biased approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. It also has drained funds that could have been available to individuals who are expected to contract more serious illnesses in the future.

The current compensation systems require attorneys to classify claims based on diagnosis. This has resulted in the reduction of mesothelioma claims being filed. This is in addition to the fact that certain states have passed tort reforms that have resulted in stricter medical criteria and an inactive docket these changes have led to the reduced levels of new claims being filed from 2004 to the year 2006.

In addition to mesothelioma lawsuits you can also make claims for wrongful death for family members who have lost loved ones due to asbestos exposure. New York law allows families to file a lawsuit within three years of the time they were aware (or were aware) of the injury. In other states the statutes of limitation differ in New Jersey and Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitations is a law that sets the deadline for filing a legal claim. These deadlines differ by state. The deadlines are typically dependent on the date that the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. There are several factors which can make it difficult to follow the rules.

Many people who have been exposed to asbestos are unaware of the existence of a condition for a long time following the initial exposure. This is due to the latency period of mesothelioma and other asbestos-related ailments. Due to the time of latency it is essential for mesothelioma victims and their families to file a lawsuit as soon as possible.

The statute of limitations differs from state to state, however, in the majority of cases, it begins with 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 limitation are shorter than those for personal injury claims.

Asbestos victims and their families should consider hiring mesothelioma lawyers as soon as is feasible. The lawyer can review the various options for compensation and offer suggestions on how, where and when to file. A mesothelioma lawyer can assist if the statute is expired.

Lawyers for mesothelioma can offer options for obtaining compensation even if the statute of limitations has expired. These include trust fund claims and other sources of financial assistance. They may be able file the claim in a jurisdiction in which the statute of limitations has not expired.

If the patient has not been diagnosed with mesothelioma, their time limit begins when they are diagnosed with a related illness, such as asbestosis or lung cancer. Certain states have "discovery" statutes that have the same effect as a traditional statute of limitations, but begin with the date of diagnosis, not the initial exposure.

Mesothelioma lawyers must always discuss the statute of limitations with their clients and family members. A knowledgeable mesothelioma lawyer can provide state-specific laws, as well as specific situations where a statute of limitations may be tolled or suspended.

Hire a Lawyer

Asbestos attorneys know how to navigate the complex asbestos litigation. They will collaborate with other lawyers to ensure that your case gets the best possible outcome.

Asbestos cases are different from other personal injury cases. The exposure to asbestos was years ago, and a lot of those companies have gone out of business or have filed for bankruptcy. Many of the workers who were exposed to asbestos don't remember where they worked and it may be difficult to identify the locations they may have been in. This is where an experienced attorney is critical because he or she can use the resources at his or her disposal to find out the names of the companies which were exposed as well as the dates that they worked there.

Once the asbestos attorney (visit the website) has an understanding of the place the individual was exposed to asbestos and what they did there, he or she will then call in medical experts to look over the evidence and prepare reports about how the exposure to asbestos triggered mesothelioma. It is essential that the asbestos lawyer can determine the causation element of the case, as without it, the victim might not be eligible for compensation.

A mesothelioma lawyer can be able to gather the required information required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's employment, asbestos-related injuries medical records, testimonials from other victims and more. A mesothelioma lawyer should be acquainted with the various kinds of financial aid that is 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 disease, should hire an asbestos lawyer. A lawyer is in a position to assist patients determine which type of claim is best for them, and then assist them complete the appropriate documents. An experienced mesothelioma lawyer will assist those suffering from other asbestos-related illnesses file claims for compensation, which includes trust fund and VA claims.