How to File an Asbestos Claim

An asbestos claim is a legal proceeding against companies that exposed a person to asbestos. The statute of limitations is a period within which lawsuits have to be filed.

Asbestos lawsuits can be filed by victims who are alive or their families. If a plaintiff dies and their estate representative is appointed, they may continue the case in a lawsuit for wrongful deaths.

Work History

Asbestos-related victims must give their lawyer's papers that clearly state the time they were exposed asbestos, the nature of their work and the length of time they were exposed to asbestos. This information will help the lawyer establish a direct link between that exposure and the patient's condition. Without the proper evidence an asbestos lawsuit might not be able to progress.

Asbestos is most likely to be discovered in industrial settings. However, this exposure also could occur in schools, churches or military bases, hospitals and in private homes. Asbestos is present in insulation, fireproofing materials pipes, shingles and pipes. People who are exposed to these materials can inhale asbestos fibers and suffer respiratory problems and diseases like mesothelioma.

Many of the companies that manufactured asbestos were aware of the dangers, but chose to keep the information secret. This was a choice made in order to increase 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 contracted mesothelioma or other ailments caused by exposure to asbestos.

A lawsuit against an asbestos-related firm is a complicated process. Since asbestos is no longer in use, it can be difficult to determine who is responsible. There are a number of laws that help victims find the companies responsible for their exposure to asbestos. 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 generally responsible for compensating asbestos victims. These funds were set up to help victims receive compensation when the companies responsible for their exposure have gone into bankruptcy. In these cases, an experienced attorney specializing in asbestos litigation will know how to bargain with these funds and get you the most amount of compensation you can get.

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

Testimonials

You can sue companies who put you at risk if you are diagnosed with mesothelioma, or another asbestos-related disease. Your legal team will gather evidence to prove the companies that caused harm to you, which includes medical proof of your diagnosis and asbestos product identification. A lot of lawsuits involve dozens of defendants, as it is typical for plaintiffs to have been exposed to a variety of asbestos products during their careers.

A lawyer that specializes in mesothelioma cases will find the right defendants in your case, even if they have been bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has been involved in hundreds of mesothelioma cases. The firm has helped resolve over $2 billion in asbestos litigation.

In the past law firms that specialized in asbestos litigation would approach clients and then "bundle" them together into groups to file lawsuits in large quantities. The aim was to overload the judicial system and make lawyers richer. This skewed approach to litigation has hurt plaintiffs according to the U.S. Department of Justice. It also drained funds that could have been made available to those who are likely to develop more serious illnesses in the future.

The current compensation systems require that attorneys group claims based on diagnosis. This has resulted in a decreased number of mesothelioma lawsuits being filed. In addition, some states have enacted tort reforms that resulted in stricter medical requirements and an inactive docket these changes have contributed to a decrease in new claims being filed between 2004 and the year 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 known) of the injury. In other states the statutes of limitation are different and include New Jersey and Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitations is a law that imposes an expiration date for filing an action in court. The deadlines vary by state. The deadlines are typically based on when the victim was exposed to asbestos or 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 after initial exposure. This is due to the latency period of mesothelioma and other asbestos-related diseases. It is essential that mesothelioma sufferers and their families file a lawsuit right away due to the latency period.

The statute of limitations is different according to state, but the majority start from the date of diagnosis. Some states have different statutes for personal injury and wrongful death claims. In general, wrongful death statutes of limitation are less than those for personal injury claims.

asbestos attorney patients and their families should hire a mesothelioma attorney immediately. The lawyer will be able to review all potential sources of compensation and provide advice on how, where and when to file. A mesothelioma lawyer can also help if the statute has expired.

Lawyers for mesothelioma have the ability to suggest ways to get compensation even if the statute of limitations has run out. This includes trust fund claims and other sources of financial assistance. They may be able file the claim in a place where the statute has not expired.

If the victim has not been diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed with a related condition like asbestosis or lung cancer. Some states have "discovery" statutes, which apply the same as a standard statute of limitations but start from the date of the diagnosis instead of the original exposure.

Mesothelioma lawyers must always discuss the statute of limitations with their clients and family members. A mesothelioma lawyer can explain the law of the state, as well as situations where the statute of limitations could be tolled or suspended.

Hire a lawyer

Asbestos attorneys know how to navigate through the complex asbestos litigation. They will work with other attorneys to ensure that your case receives the highest chance of success.

Asbestos claims differ from other personal injury cases. The reason for this is that asbestos exposure occurred decades ago and many of the companies that were exposed have either filed for bankruptcy or gone out of business. Many workers who were exposed to asbestos do not remember where they worked and it may be difficult to identify the exact locations they could have worked in. An experienced attorney can help you with this as he/she can use the tools available for determining which companies were affected and when they worked for them.

Once the asbestos attorney has a better understanding of where the individual was exposed to asbestos and what they did in the area the lawyer will then call in medical experts to review the evidence and write reports on how exposure to asbestos caused mesothelioma. It is crucial that the asbestos lawyer is able determine the causation element of the case because without it, the victim might not qualify for compensation.

A mesothelioma lawyer can be able to gather the necessary information that is required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information about the victim's work or work-related asbestos-related injuries as well as medical records. Additionally, they can gather testimonials from other victims. A mesothelioma lawyer should be acquainted with the various kinds of financial aid that is available to victims and their families. This includes benefits from health insurance as well as disability insurance. Social Security benefits.

Anyone diagnosed with mesothelioma or any other asbestos-related condition should consult an asbestos lawyer. A lawyer can be in a position to assist patients decide which claim is appropriate for them, and then assist them file the appropriate paperwork. A mesothelioma lawyer can assist people suffering from other asbestos-related illnesses file for compensation. This includes trust fund and VA claims.