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How to File an Asbestos Claim

An asbestos claim is a legal action against companies that exposed someone to asbestos. Lawsuits must be filed within a certain time period known as the statute of limitations.

Asbestos lawsuits can be filed by the living victims or their families. When a plaintiff passes away the estate representative of their estate may continue the case in the event of the doctrine of wrongful death.

Work History

Asbestos-related victims must give their lawyer documents that clearly state when they were exposed to asbestos, the nature of their work and how long. This will enable the lawyer to establish a direct link between asbestos exposure and the victim’s disease. A lawsuit involving asbestos may not be successful if the evidence is not there.

Those who work in an industrial environment are most likely to be exposed to asbestos. However, asbestos exposure could occur in churches, schools and military bases, hospitals and private homes. Asbestos is present in insulation, fireproofing materials pipes, shingles and pipes. Anyone who is exposed to these materials can inhale asbestos fibers and suffer respiratory problems and diseases like mesothelioma.

Many companies that produced asbestos were aware of its dangers, but chose to keep it quiet. This decision was made to ensure the safety of the industry and to increase profits. It wasn't until the first asbestos lawsuits were filed that these companies started to compensate those who contracted mesothelioma or other diseases due to exposure to asbestos.

A lawsuit against a business that manufactures asbestos can be a complicated process. Since asbestos is no longer used it can be a challenge to determine the parties responsible. However, there are a variety of laws that assist victims in identifying the companies that are 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 are typically compensated by asbestos trust funds. These funds are set up to help injured victims get compensation when the companies which exposed them have gone into bankruptcy. In these cases an experienced attorney who specializes in asbestos litigation will be able to negotiate with these funds to ensure you receive the highest amount of amount of compensation that is possible.

Wrongful death cases are filed by family members of those who have died from mesothelioma, or another asbestos-related disease. This type of claim seeks compensation for the deceased person's unreimbursed medical bills, funeral costs and loss of income. These lawsuits are also designed to hold asbestos companies responsible for their negligence.

Testimonials

You can sue the businesses that put you at risk, if you're diagnosed with mesothelioma, or another asbestos-related condition. Your legal team will gather proof to prove that the companies caused harm to you. This includes medical proof of your diagnosis as well as asbestos product identification. Many lawsuits involve dozens or more defendants, as it is typical for plaintiffs to have been exposed to a variety of asbestos products throughout their careers.

A lawyer who specializes on mesothelioma cases will find the right defendants for your case even if they've gone bankrupt. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases since more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases and helped to settle more than $2 billion worth of asbestos lawyers litigation.

Law firms that specialized asbestos litigation would "bundle" clients together to file lawsuits on a mass basis. The idea was to overburden the judicial system and enrich the lawyers. This biased approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. It also has drained funds which could have been provided to individuals who are expected to develop more serious illnesses in the future.

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

In addition to mesothelioma claims you can also claim wrongful death compensation for family members who lost a loved one due to asbestos exposure. New York state laws allow families to take legal action within three years from the time they were aware (or should have known) of the injury. Other states have different statutes of limitation. New Jersey and Pennsylvania require legal action within two-years.

Statute of Limitations

A statute of limitations is a law that imposes the deadline for filing an action in court. These deadlines vary by state. These deadlines usually are based on when the victim was exposed to asbestos or was diagnosed with an asbestos-related disease. There are however a number of aspects that can alter the rules.

Many people who have been exposed to asbestos are not aware of the existence of a condition for decades after the initial exposure. This is due to the mesothelioma latency period and other asbestos-related ailments. Because of the latency period it is essential for mesothelioma sufferers and their families to start a lawsuit as soon as possible.

The statute of limitations varies according to state, but the majority begin from 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 those for personal injury claims.

Asbestos victims and their families should think about hiring mesothelioma attorneys as early as is possible. The lawyer can review the various options for compensation and provide suggestions on how, where and when to file. A mesothelioma lawyer can assist if the statute has expired.

Mesothelioma lawyers may suggest alternatives for obtaining compensation even if the statute of limitations has passed, such as trust fund claims or other sources of financial aid. They may also be able to file the claim in another jurisdiction where the statute of limitations hasn't yet expired.

If the patient is not diagnosed with mesothelioma the statute of limitations starts when they are diagnosed with a related condition such as asbestosis or lung cancer. Some states have "discovery" statutes, which have the same effect as a standard statute of limitations, but begin from the date of the diagnosis, not the initial exposure.

Mesothelioma attorneys should always discuss limitations statutes with their clients and loved ones. A mesothelioma lawyer can explain state law, as well as situations in which a statute of limitation may be tolled or suspend.

Employ a lawyer

Asbestos lawyers are able to navigate the complex asbestos litigation. They will collaborate with other lawyers to ensure your case has the highest chance of success.

Asbestos cases are very different from other personal injury claims. The exposure to asbestos occurred decades ago, and many of the companies affected have been shut down or filed for bankruptcy. Many workers who were exposed to asbestos can't remember the places they worked in, and it can be difficult for them to pinpoint the exact locations they could have been in. An experienced attorney can help you in this regard as he or she will be able use the resources available to him/her for determining which companies were exposed and when they worked at the place.

Once the asbestos attorney has a clear idea of the location and how the victim was exposed to asbestos, he can get medical experts to review and write reports on the cause of mesothelioma. It is essential that the asbestos attorney is able to determine the causation aspect of the case as without it, the victim might not be eligible for compensation.

A mesothelioma attorney will also be able to gather the data required to bring a lawsuit against asbestos lawyers as well as an appeal to a trust fund for the victim. This includes gathering information on the victim's occupation or work-related asbestos-related injuries as well as medical records. It also includes testimony from other victims. A mesothelioma lawyer should be aware of the different types of financial aid that are available to victims and their family members. This includes health insurance, disability insurance, and Social Security benefits.

Anyone diagnosed with mesothelioma, or any other asbestos-related disease is advised to consult an asbestos lawyer. A lawyer will be able to help individuals determine which type of claim is best for them and then help them complete the appropriate paperwork. A mesothelioma lawyer who is experienced can assist people suffering from other asbestos-related illnesses file for compensation, including trust fund and VA claims.