How to File an Asbestos Claim

A legal action is initiated against companies that exposed a person or company to asbestos. The lawsuit must be filed within a certain time frame known as the statute of limitations.

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 sufferers must submit to their lawyer documents that clearly state the date they were exposed to asbestos, the nature of their job entailed and the length of time. This information will allow the lawyer to establish a direct connection between the exposure and the victim's illness. Without the right evidence, an asbestos lawsuit (written by mccarty-thorup.technetbloggers.de) may not be able to move forward.

Asbestos is most likely be discovered in industrial settings. However, exposure to asbestos could occur in schools, churches and military bases, hospitals and private residences. Asbestos is found in shingles, pipes insulation, fireproofing materials. Asbestos fibers can cause respiratory issues and diseases such as mesothelioma among those who are exposed to asbestos.

Many companies that made asbestos were aware of its dangers, but chose to keep it quiet. This was a choice made to boost profits and safeguard the industry. It was not until the first asbestos lawsuits were filed that these companies began to compensate those who contracted mesothelioma or other diseases caused by exposure.

A lawsuit against an asbestos firm is a complicated process. It is difficult to determine the parties responsible since asbestos is no more in use. 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 as well as the Safe Drinking Water Act and the Resource Conservation and Recovery Act.

Trust funds for asbestos are typically responsible for paying compensation to asbestos victims. These are funds that are created to assist victims of asbestos exposure receive compensation when the companies responsible for their exposure have gone bankrupt. In these situations, an experienced attorney specializing in asbestos litigation will know how to bargain with these funds and ensure you receive the highest amount of compensation possible.

The cases of wrongful death are filed by the family members of those who have passed away from mesothelioma, or another asbestos-related disease. This type of claim seeks damages for unpaid medical bills, funeral costs and loss of income. These lawsuits are also designed to hold responsible asbestos companies accountable for their wrongful conduct.

Testimonials

Once you have been diagnosed with mesothelioma, or another asbestos-related illness, you can bring a lawsuit against the businesses that put you in danger. Your legal team will collect evidence to prove that the companies that caused harm to you, which includes medical evidence of your diagnosis and the identification of asbestos products. As it is common that plaintiffs have had exposure to different asbestos attorneys products throughout their careers, many lawsuits involve multiple defendants.

A lawyer who is specialized in mesothelioma cases can to identify the right defendants in your case, even if they have gone bankrupt. Young Conaway Stargatt & Taylor has been focusing on asbestos bankruptcy cases since more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases and helped settle more than $2 billion worth of asbestos litigation.

In the past law firms that specialized in asbestos litigation would seek clients and then "bundle" them together into groups to file lawsuits in large quantities. The goal was to overwhelm the judiciary and increase the wealth of lawyers. According to the U.S. Department of Justice this skewed approach to litigation has harmed plaintiffs. It also has sucked up funds that could have been made available for individuals who will develop more serious illnesses in the future.

The current compensation system demands that attorneys group claims based on the diagnosis. This has led to a decrease in the number of mesothelioma lawsuits. In addition, some states have enacted tort reforms which have resulted in stricter medical criteria and an inactive docket these changes have contributed to the reduced levels of new claims being filed between 2004 and the year 2006.

In addition to mesothelioma lawsuits, you can file wrongful death claims for family members who have lost loved ones because of asbestos exposure. New York law allows families to file a lawsuit within three years of the time they were 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 establishes an expiration date for filing an claim. The deadlines vary by state. These deadlines usually are based on when the victim was exposed to asbestos attorneys or was diagnosed with an asbestos-related disease. However, there are several factors that can complicate 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 the mesothelioma latency period and other asbestos-related illnesses. Due to the time of latency it is crucial for mesothelioma sufferers and their families to make a claim as soon as possible.

The time limit for a statute of limitations varies from state to state, however, in the majority of cases, it begins with the date of diagnosis. Some states have different statutes of limitations for personal injury cases and wrongful-death claims. In general, wrongful death statutes of limitations are less than personal injury ones.

Asbestos victims and their families ought to consider hiring mesothelioma lawyers as soon as possible. The lawyer can review all of the potential sources of compensation for clients and offer advice on the best time, place and how to file. Additionally, an experienced mesothelioma attorney can help when the statute of limitation has already expired.

Lawyers for mesothelioma can suggest ways to get compensation even if the statute has expired. This includes trust fund claims and other sources of financial aid. They may also be able 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 starts when they are diagnosed with a related illness like asbestosis or lung cancer. Some states have "discovery statutes" which apply the same as the traditional statutes of limitations, but start with the date of diagnosis, not exposure.

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

Employ a lawyer

Asbestos lawyers are able to navigate the complexities of asbestos litigation. They will collaborate with other attorneys to ensure that your case receives the best possible outcome.

Asbestos cases are different from other personal injury claims. The asbestos exposure was years ago, and a lot of those companies have gone out of business or declared bankruptcy. Many of the workers who were exposed to asbestos don't remember where they worked and it may be difficult for them to pinpoint the locations they may have worked in. A knowledgeable attorney can assist you in this regard as he or she will be able to use the tools available to find out what companies were affected and when they worked there.

Once the asbestos attorney 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 write reports about how the exposure to asbestos triggered mesothelioma. It is vital that the asbestos attorney can determine the causation aspect of the case because without it, the victim may not be able to claim compensation.

A mesothelioma lawyer will be able to gather the necessary information that is 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 and medical records. It also includes testimonies of other victims. A mesothelioma attorney should also be knowledgeable about the various kinds of financial aid that are available to victims and family members. This includes health insurance, disability insurance, and Social Security benefits.

Hiring an experienced asbestos lawyer is crucial for anyone who has been diagnosed with mesothelioma or any other asbestos-related disease. An attorney can help decide on the kind of claim they should submit and assist in filling the necessary paperwork. A mesothelioma attorney can also assist those suffering from other asbestos-related illnesses file for compensation. This includes trust fund and VA claims.