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How to File an Asbestos Claim

An asbestos claim is a legal action against companies that exposed a person to asbestos. The lawsuit must be filed within a specified time period, also called the statute of limitations.

Asbestos lawsuits can be filed by the living victims or their families. When a plaintiff dies, their estate representative may continue the case in a lawsuit for wrongful deaths.

Work History

Asbestos-related victims have to give their lawyer's documents that clearly specify when they were exposed to asbestos, their job description and the time for exposure. This information will allow the lawyer to establish a direct connection between asbestos exposure and the victim's health condition. Without the right evidence, an asbestos lawsuit may not be able to move forward.

Asbestos is more likely to be found in industrial settings. However, this exposure also can occur in schools, churches or hospitals, military bases and private homes. Asbestos is present in fireproofing and insulation materials pipes, shingles and pipes. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma among those who are exposed to asbestos.

Many of the companies that produced asbestos were aware of the dangers, but decided to keep the information secret. This was a decision taken to boost profits and protect the industry. It wasn't until first asbestos lawsuit lawsuits were filed that these companies started to pay compensation to those who contracted mesothelioma or other ailments caused by exposure.

A lawsuit against an asbestos-related firm is a complicated process. It is difficult to determine responsible parties because asbestos is no longer in use. There are however many laws that can help victims identify the companies responsible for their exposure. They 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.

Asbestos victims typically get compensated by asbestos trust funds. 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 lawyer who specializes in asbestos litigation will be able to negotiate with these funds and get you the maximum amount of compensation you can get.

Families of people who died from mesothelioma, or another asbestos-related disease, can make wrongful death claims. This type of lawsuit seeks compensation for the unreimbursed funeral expenses, medical costs and loss of income of the deceased. These lawsuits also aim to hold asbestos companies accountable for their wrongful conduct.

Testimonials

You can sue companies who put you at risk if you're diagnosed with mesothelioma or another asbestos-related disease. Your legal team will collect evidence to show that the companies harmed you. This includes medical proof of your diagnosis and asbestos product identification. Many lawsuits involve dozens or more defendants, as it is common for plaintiffs to have been exposed to different asbestos-related products during their career.

A lawyer who is specialized in mesothelioma claims will be able to identify the appropriate defendants for your case even if these businesses have been declared 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 in asbestos litigation.

Firms that were specialized in asbestos litigation would "bundle" clients to file lawsuits on a mass basis. The idea was to overburden the judicial system and increase the wealth of lawyers. This skewed approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. It also drained funds that could have been made available to individuals who are expected to contract more serious illnesses in the future.

The current compensation system requires that attorneys group claims based on diagnosis. This has resulted in an increase in the number of mesothelioma lawsuits. These changes, as well as the fact that certain states have enacted reforms in tort law that have resulted in a stricter medical criterion as well as an inactive docket have led to a decrease in number of new claims filed between 2004 to.

In addition to mesothelioma cases, you can make claims for wrongful death for family members who lost loved ones due to asbestos exposure. New York state laws allow families to file a legal claim within three years of the date they became aware (or should have had the knowledge) of the injury. In other states the statutes of limitations are different in New Jersey and Pennsylvania requiring legal action within two years.

Statute of limitations

A statute of limitations is a law that establishes the deadline for filing a legal claim. The deadlines vary according to the state. They are usually based on the date of the victim's asbestos exposure or when they were diagnosed with an asbestos lawyers-related illness. However, there are several factors that can complicate these rules.

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

The statute of limitations varies in each state, but they generally start with the date of diagnosis. There are also states with different statutes of limitation for wrongful death cases 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 a mesothelioma lawyer as early as is feasible. The lawyer will be able to review all potential sources of compensation and provide advice on how, where and when to file. A knowledgeable mesothelioma attorney can help if the statute of limitations has already expired.

Lawyers for mesothelioma may suggest options to obtain compensation, even if the statute has run out. This includes trust fund claims as well as other sources of financial assistance. They may also be able to file the claim in a different jurisdiction where the statute of limitations hasn't yet expired.

If the patient has not been diagnosed with mesothelioma or other cancers, the statute of limitations starts when they are diagnosed with a related condition like asbestosis or lung cancer. Some states have "discovery" statutes that follow the same rules as a standard statute of limitations, but start with the date of diagnosis instead of the original exposure.

Mesothelioma attorneys must always discuss the statute of limitations with their clients and their loved family members. A knowledgeable mesothelioma lawyer can explain the laws of the state as well as specific situations in which a statute of limitations may be extended or suspended.

Hire a Lawyer

Asbestos lawyers know how to navigate the maze of asbestos litigation. They will work with other lawyers to ensure that your case gets the best possible outcome.

Asbestos claims are different from other personal injury cases. The asbestos exposure occurred years ago, and a lot of those companies have been shut down or declared bankruptcy. Often, the workers who were exposed don't even remember where they worked and it is difficult to pinpoint the locations in which they could have been exposed. This is where an experienced attorney is essential because they can make use of the resources at his or his disposal to determine the names of the businesses that were exposed and the dates they worked there.

After the asbestos lawyer has a better understanding of where the individual was exposed to asbestos and what they did, he or she will then call in medical experts to look over the evidence and create reports on how exposure to asbestos caused the mesothelioma. It is crucial that the asbestos attorney can establish the causation component of the case because without it, the victim may not be eligible for compensation.

A mesothelioma lawyer will be able gather the information needed to bring a lawsuit against asbestos as well as an appeal to a trust fund for the victim. This includes gathering information about the victim's job, asbestos-related injuries, medical records, testimonies from other victims and much more. Additionally, a mesothelioma lawyer must be familiar with the various types of financial assistance that is available to victims and their families. This includes benefits from health insurance, disability insurance, and Social Security benefits.

Anyone diagnosed with mesothelioma or any other asbestos-related condition, should hire an asbestos lawyer. A lawyer is able to help individuals decide which claim is appropriate for them, and then assist them complete the appropriate documents. A mesothelioma lawyer who is experienced can assist people suffering from other asbestos-related diseases file for compensation, including trust fund and VA claims.