How to File an Asbestos Claim

Legal action is taken against companies who exposed a person or a company to asbestos. Lawsuits must be filed within a certain time period called the statute of limitations.

Asbestos lawsuits may be filed by victims who are living or their families. When a plaintiff dies and their estate representative is appointed, they can continue the case despite wrongful death.

Work History

Asbestos-related victims need to provide their lawyer's documents that clearly specify when they were exposed to asbestos, the nature of their work and the length of time they were exposed to asbestos. This information will allow the lawyer to establish a direct connection between asbestos exposure and the victim’s disease. A lawsuit involving asbestos could not be successful if evidence is lacking.

Those who work in a workplace are more likely to be exposed to asbestos. The exposure can also be found in churches and schools and hospitals, as well as bases of military, as well as private residences. Asbestos can be found in insulation, fireproofing materials pipes, shingles and pipes. Asbestos fibers can cause respiratory issues and diseases such as mesothelioma in people who are exposed to this material.

Many of the companies that produced asbestos knew of its dangers but chose to keep this information from the public. This was done in order to ensure the safety of the industry and to increase profits. These companies did not begin to compensate those who developed mesothelioma or other diseases as a result of asbestos exposure until the first lawsuits were filed.

A lawsuit against an asbestos company is a complex task. It can be difficult to identify the responsible parties since asbestos lawsuits is no longer used. There are however 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 and the Safe Drinking Water Act and the Resource Conservation and Recovery Act.

Asbestos victims typically get compensated by asbestos trust funds. These are funds that are created to assist victims of asbestos exposure receive compensation when the companies responsible for their exposure have gone into bankruptcy. In these instances an experienced lawyer who specializes in asbestos litigation will know how to negotiate with these funds to ensure you receive the highest amount of compensation possible.

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

Testimonials

You can sue the businesses who put you at risk if you're diagnosed with mesothelioma, or any other asbestos-related illness. Your legal team will collect proof to prove that the companies harmed you. This includes medical evidence of your diagnoses and asbestos product identification. As it is common that plaintiffs have had exposure to different asbestos products throughout their career, many lawsuits contain multiple defendants.

A lawyer who is specialized in mesothelioma cases will be able to find the right defendants for your case even if these businesses have declared bankruptcy. Young Conaway Stargatt & Taylor has been working on 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 into groups to file lawsuits in massive quantities. The goal was to overwhelm the judicial system and to increase the wealth of lawyers. According to the U.S. Department of Justice, this skewed litigation approach has harmed plaintiffs. It also has drained funds which could have been provided to those who are likely to develop more serious illnesses in the near future.

The current compensation systems in place require that attorneys group claims based on diagnosis. This has resulted in an enlargement of the number of mesothelioma lawsuits. These changes, in addition to the fact some states have implemented reforms to tort law that have led to the use of a more strict medical criterion and an inactive docket, have led to a reduction in the number of new claims filed between 2004 to.

You can also make wrongful death lawsuits on behalf of family members of a deceased loved one who died from asbestos exposure. New York law allows families to start lawsuits within three years from the time they became aware (or should have been aware) of an 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 an action in court. The deadlines for filing a claim vary from state to state. They usually are dependent on the date of the victim's asbestos exposure or the date they were diagnosed with an asbestos-related disease. 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 disease until decades after their first exposure. This is due the latency period for mesothelioma, and other asbestos-related illnesses. It is crucial 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 in each state, but they generally start with 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 limitation are shorter than personal injury ones.

Asbestos patients and their families should hire an attorney for mesothelioma as soon as they can. The lawyer can review all potential sources of compensation and offer guidance on where, how and when to file. Additionally, an experienced mesothelioma lawyer can help if the statute of limitations has already expired.

Lawyers for mesothelioma can suggest options to obtain compensation even if the statute of limitations has expired. This includes trust fund claims as well as other sources of financial aid. They might also be in a position to file the claim in a different jurisdiction where the statute of limitations hasn't yet expired.

If the person is not diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed as having another related illness, such as asbestosis or lung cancer. Certain states have "discovery" statutes that follow the same rules as a standard statute of limitations, but begin at the time of the diagnosis, not the initial exposure.

Mesothelioma lawyers must always 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 maze of asbestos litigation. They will work with other lawyers to ensure that your case receives the best possible outcome.

Asbestos cases are very different from other personal injury claims. The main reason is because asbestos lawsuit exposure happened several decades ago and many of the companies that were exposed have either filed for bankruptcy or are out of business. Many of the workers who were exposed to asbestos do not remember the places they worked in and it may be difficult for them to pinpoint the exact locations they could have worked in. An experienced attorney can assist you with this as he/she will be able to use the resources available to to find out what companies were exposed and when they worked for them.

Once the asbestos lawyer has an understanding of the location to which the person was exposed and what they did, he or she will then call in medical experts to review the evidence and prepare reports on how exposure to asbestos led to the mesothelioma. It is essential that the asbestos lawyer is able establish the causation aspect of the case, as without it, the victim might not qualify for compensation.

A mesothelioma lawyer will be able to gather the data needed to make a claim against asbestos and trust fund claims for the victim. This includes gathering information about the victim's employment as well as asbestos-related injuries medical records, testimony from other victims and much more. A mesothelioma attorney should also be knowledgeable about the various kinds of financial aid available to victims and their family members. This includes disability insurance, health insurance insurance and Social Security benefits.

Engaging an experienced asbestos lawyer is crucial for anyone who has been diagnosed with mesothelioma or any other asbestos-related disease. A lawyer can assist patients determine what kind of claim they need to submit and assist in filling out the paperwork. An experienced mesothelioma lawyer will also help people with other asbestos-related illnesses to file claims for compensation, which includes trust fund and VA claims.