How to File an Asbestos Claim

A legal action is taken against companies who exposed a person or company to asbestos. The statute of limitations is a 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 under the wrongful death.

Work History

Asbestos-related victims need to provide their lawyer's documents that clearly specify when they were exposed to asbestos, what their job responsibilities are and the time for exposure. This information will help the lawyer establish a direct link between that exposure and the illness of the victim. Without the right evidence an asbestos lawsuit might not be able to proceed.

Asbestos is more likely to be discovered in industrial settings. It can also happen in schools and churches as well as hospitals, bases of military, and private homes. Asbestos is found in pipes, shingles insulation, fireproofing materials. Anyone who is exposed to these materials can inhale asbestos fibers and develop respiratory problems and diseases like 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 taken in order to increase profits and protect the industry. It wasn't until the first asbestos lawsuits were filed that these companies started to pay compensation to those who developed mesothelioma and other ailments due to exposure.

A lawsuit against a business that manufactures asbestos can be a complicated process. It can be difficult to identify the responsible parties since asbestos is no longer used. There are a number of laws that help victims identify the companies responsible 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 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. A skilled attorney who specializes in asbestos litigation knows how to negotiate these funds and get the most compensation.

Families of those who have died from mesothelioma or another asbestos-related illness, may bring wrongful death lawsuits. This type of lawsuit seeks compensation for the unreimbursed medical bills, funeral costs and loss of income. These lawsuits are also designed to hold responsible asbestos companies accountable for their negligence.

Testimonials

Once you have been diagnosed with mesothelioma, or another asbestos-related disease, you can make a claim against the companies who put you in danger. Your legal team will gather evidence to prove the businesses that caused harm to you, which includes medical proof of diagnosis and the identification of asbestos products. Many lawsuits involve dozens or more defendants, as it's common for plaintiffs to have been exposed to different asbestos-related products throughout their career.

A lawyer who specializes in mesothelioma claims will be able to find the most suitable defendants for your case, even if these companies have been declared bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been working on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds mesothelioma lawsuits and helped resolve asbestos litigation worth more than $2 billion.

Law firms that specialized asbestos litigation would "bundle" clients to file lawsuits on a mass basis. The idea was to overburden the judiciary and enrich the lawyers. This biased approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. 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 require that attorneys classify claims based on diagnosis. This has led to the reduction of mesothelioma cases being filed. This is in addition to the fact that certain states have implemented tort reforms that have resulted in stricter medical criteria and an inactive docket, these changes have contributed to a decrease in new claim filings between 2004 and the year 2006.

In addition to mesothelioma cases you can also make claims for wrongful death for family members who have lost a loved one because of asbestos exposure. New York law allows families to bring an action within three years of the time they became aware (or were aware) of the injury. In other states, the statutes of limitation differ, with New Jersey and Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitations is a law that imposes a time limit for filing an action in court. These deadlines differ by state. They usually are dependent on the date of the victim's asbestos attorney exposure or the date they were diagnosed with an asbestos-related illness. There are many factors that can complicate the rules.

Many people who have been exposed to asbestos do not realize they have been diagnosed with a disease until decades after their initial exposure. This is due to the latency period of mesothelioma and other asbestos attorney-related ailments. It is crucial that mesothelioma sufferers and their families file a lawsuit right away due to the latency period.

The statute of limitations varies according to state, but the majority start from the date of diagnosis. There are also states that have different statutes of limitations for wrongful death cases as opposed to personal injury claims. In general, the statutes of limitations are shorter than personal injury ones.

Asbestos patients and their families must hire an attorney for mesothelioma as soon as possible. The lawyer will review all the possible sources of compensation for a client and provide advice on the best time, place and how to file. Additionally, an experienced mesothelioma lawyer can assist if the statute of limitations has already expired.

Mesothelioma lawyers may suggest alternatives for obtaining compensation even if the statute of limitations has run out for trust fund claims or other sources of financial aid. They may be able to file the claim in a jurisdiction where the statute of limitations hasn't expired.

If the patient is not diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed with another related illness, such as asbestosis or lung cancer. Some states have "discovery statutes" that use the same rules as traditional statutes of limitations, but start at the time of diagnosis, not the date of exposure.

Mesothelioma lawyers should always discuss the statute of limitations with their clients and family members. A knowledgeable mesothelioma lawyer will explain state laws as well as specific circumstances where the statute of limitations can be extended or suspended.

Hire a Lawyer

Asbestos lawyers are able to navigate the complex asbestos litigation. They will collaborate with other attorneys to ensure that your case receives the most favorable outcome.

Asbestos cases are very different from other personal injury claims. The asbestos exposure occurred decades ago, and many of those companies have gone out of business or declared bankruptcy. Often, the workers who were exposed to asbestos don't even remember where they worked and it is difficult for them to determine the places where they might have been exposed. An experienced attorney can help 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 there.

Once the asbestos attorney has an understanding of the place the person was exposed and what they did in the area and what they did, he or she can then engage medical experts to examine the evidence and create reports about how the exposure to asbestos triggered the mesothelioma. It is crucial that the asbestos lawyer can establish the causation element of the case since without it, the victim may not be eligible for compensation.

A mesothelioma attorney will also be able gather the information needed to make a claim against asbestos attorney and a trust fund claim 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 more. A mesothelioma lawyer should be familiar with the various types of financial aid that are available to victims and family members. This includes disability insurance, health insurance insurance and Social Security benefits.

Anyone diagnosed with mesothelioma, or any other asbestos-related disease is advised to consult an asbestos lawyer. A lawyer is in a position to assist patients decide which claim is best for them and then help to file the proper documentation. An experienced mesothelioma lawyer can assist people suffering from other asbestos-related diseases file claims for compensation, such as trust fund and VA claims.