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How to File an Asbestos Claim

An asbestos claim is a legal action brought against companies that exposed a person to asbestos. Lawsuits must be filed within a specified time frame known as the statute of limitations.

Asbestos lawsuits can be brought by the living victims or their families. When a plaintiff dies and their estate representative is appointed, they can pursue the case as a wrongful death lawsuit.

Work History

Asbestos victims must provide their lawyer with documents that clearly indicate the date they were exposed to asbestos, what their job entailed and the length of time. This information will allow the lawyer to establish a direct connection between the exposure and the illness of the victim. Without the correct evidence that an asbestos lawsuit has, it may not be able to move forward.

Those who work in an industrial setting are more likely to be exposed to asbestos. The exposure can also be found in schools and churches, hospitals, bases of military and private residences. Asbestos is present in shingles, pipes insulation, fireproofing materials. People who are exposed these materials may inhale asbestos fibers and develop respiratory problems and illnesses such as mesothelioma.

Many companies that produced asbestos were aware of the dangers, but chose to not speak about it. This was done in order to protect the industry and increase profits. It wasn't until first asbestos lawsuits were filed that these companies started to compensate those who were diagnosed with mesothelioma and the other illnesses due to exposure to asbestos.

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

Asbestos victims are usually compensated by asbestos trust funds. These are funds that are set up to help victims get compensation if the businesses responsible for their exposure have gone under. A skilled attorney who specializes in asbestos litigation knows how to negotiate these funds and ensure the maximum amount of compensation.

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

Testimonials

You can sue the businesses who put you at risk, if you're diagnosed with mesothelioma, or another asbestos-related condition. Your legal team will gather evidence to prove the companies who caused you harm, such as medical evidence of your diagnosis as well as the identification of the asbestos product. As it is common that plaintiffs have been exposed to different asbestos products throughout their careers A lot of lawsuits have multiple defendants.

A lawyer who specializes in mesothelioma lawsuits will be able to find the right defendants for your case, even if these companies have been declared bankrupt. Young Conaway Stargatt & Taylor has been working on asbestos bankruptcy cases since more than 30 years. James Patton has worked on hundreds of mesothelioma lawsuits and has helped settle asbestos-related litigation that amounted to more than $2 billion.

In the past lawyers who specialize in asbestos litigation would approach clients and then "bundle" them into groups to file lawsuits in massive quantities. The idea was to overburden the judicial system and make lawyers richer. According to the U.S. Department of Justice this skewed approach to litigation has harmed plaintiffs. It also drained funds which could have been provided to those who are likely to develop more serious illnesses in the near future.

The current compensation system requires attorneys group claims according to diagnosis. This has led to an enlargement of the number of mesothelioma lawsuits. 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 the decrease in new claims being filed from 2004 to 2006.

In addition to mesothelioma claims you can also claim wrongful death compensation for family members who lost loved ones due to asbestos exposure. New York state laws allow families to pursue legal action within three years of when they became aware (or should have been aware) of the injury. Other states have different statutes of limitations. New Jersey and Pennsylvania have a two-year deadline for legal action.

Statute of Limitations

A statute of limitations is a law that sets a deadline for filing a claim. These deadlines vary from state to state. They are usually determined by the date of the person's exposure to asbestos or the date they were diagnosed with an asbestos-related disease. There are many factors that could make it difficult to determine the correct rules.

Many people who have been exposed to asbestos do not know they have been diagnosed with a disease until years after their initial exposure. This is due to the mesothelioma latency period and other asbestos-related illnesses. It is crucial that mesothelioma patients as well as their families file a lawsuit right away due to the latency period.

The statute of limitations varies in each state, but they generally start from the date of diagnosis. There are states with different statutes of limitations for wrongful death cases versus personal injury claims. In general, wrongful death statutes of limitation are shorter than personal injury ones.

Asbestos victims and their families ought to consider hiring mesothelioma lawyers as soon as is possible. The lawyer can review the various options for compensation and give guidance on the best way, where and when to file. A mesothelioma lawyer could assist in cases where the statute of limitations has expired.

Lawyers for mesothelioma can offer options for obtaining compensation, even if the statute has run out. This includes trust fund claims and other sources of financial aid. They may be able file the claim in a jurisdiction where the statute has not expired.

If the patient has not been diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed with a related illness, such as asbestosis or lung cancer. Certain states have "discovery" statutes that apply the same as a standard statute of limitations, but start with the date of diagnosis instead of the original exposure.

Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and family members. A knowledgeable mesothelioma lawyer will provide state-specific laws and specific circumstances where a statute of limitations may be suspended or tolled.

Hire a lawyer

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

Asbestos lawsuits differ from other personal injury cases. The main reason is because the exposure to asbestos occurred decades ago and many of the companies exposed have either declared bankruptcy or are out of business. Many of the workers who were exposed to asbestos can't remember the places they worked in and it may be difficult for them identify the locations they may have worked in. This is where an experienced attorney is critical because they can use the resources available to him or her disposal to find out the names of the businesses which were exposed as well as the dates they worked at.

Once the asbestos attorney has an understanding of the place the individual was exposed and what they did there and what they did, he or she can then get medical experts to review the evidence and prepare reports on how exposure to asbestos triggered mesothelioma. It is crucial that the asbestos lawyer is able determine the causation element of the case, as without it, the victim may not qualify for compensation.

A mesothelioma lawyer will also be able gather the information required to make a claim against asbestos and a trust fund claim for the victim. This includes obtaining information about the victim's work and asbestos-related injuries, medical records, testimonies from other victims and more. A mesothelioma lawyer should be acquainted with all of the different kinds of financial aid available to patients and their families. This includes health insurance, disability insurance, and Social Security benefits.

Anyone who is diagnosed with mesothelioma or any other asbestos-related disease should consult an asbestos lawyer. A lawyer can be capable of helping patients decide which claim is the best for them and help to file the proper documentation. A mesothelioma lawyer can assist people suffering from other asbestos-related illnesses file for compensation. This includes trust funds and VA claims.