It s Time To Upgrade Your Asbestos Claim Options

How to File an Asbestos Claim

An asbestos claim is a legal action brought against businesses that exposed a person to asbestos. The statute of limitations is a time period within which lawsuits must be filed.

Asbestos lawsuits may be filed by the living victims or their families. If a plaintiff dies and their estate representative is appointed, they can continue the case in the event of the doctrine of wrongful death.

Work History

Asbestos-related victims need to provide 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 allow the lawyer to establish a direct connection between the asbestos exposure and the victim's health condition. A lawsuit involving asbestos may not be successful if the evidence isn't there.

Those who work in a workplace are most likely to be exposed to asbestos. It can also happen in schools and churches as well as hospitals, bases of military, as well as private residences. Asbestos is found in shingles, pipes, insulation, and fireproofing materials. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma in people who are exposed to this material.

Many asbestos-producing companies were aware of its dangers however, they chose to remain silent about the dangers. This was a choice made in order to increase profits and safeguard the industry. It wasn't until the first asbestos lawsuits were filed that these companies began to compensate those who developed mesothelioma and other illnesses caused by 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 who is responsible. However, there are a variety of laws that assist victims in identifying the companies that are 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 trust funds are usually responsible for compensating asbestos victims. These funds are created to assist victims of asbestos get compensation when the companies who exposed them went into bankruptcy. A skilled attorney who specializes in asbestos litigation is able to negotiate these funds and get the maximum compensation.

These cases are filed by family members of people who died from mesothelioma, or another asbestos-related disease. This type of lawsuit seeks damages for unpaid funeral expenses, medical bills and loss of income. These lawsuits also seek to hold asbestos companies accountable for their negligence.

Testimonials

Once you have been diagnosed with mesothelioma or another asbestos-related illness, you can bring a lawsuit against the companies that put you in harm's way. Your legal team will collect evidence to prove that the companies caused harm to you. This includes medical proof of your diagnosis and asbestos attorney product identification. Many lawsuits involve dozens of defendants, as it is common for plaintiffs to have been exposed to various asbestos-related products during their careers.

A lawyer who specializes on mesothelioma cases can to locate the right defendants for your case, even if they have gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped resolve asbestos-related litigation that amounted to more than $2 billion.

Law firms that specialized asbestos litigation would "bundle" clients to file lawsuits in mass. The aim was to overload the judiciary and enrich lawyers. According to the U.S. Department of Justice, this skewed litigation approach has been detrimental to plaintiffs. It also has drained funds which could have been provided to people who are likely to develop more serious illnesses in the near future.

The current compensation systems require that attorneys group claims based on diagnosis. This has resulted in an increase in mesothelioma lawsuits being filed. This is in addition to the fact that certain states have passed tort reforms that resulted in more stringent medical criteria and an inactive docket, these changes have led to the reduced levels of new claim filing activity between 2004 and the year 2006.

You can also file wrongful death lawsuits for relatives of a loved one who died who died as a result of asbestos attorneys exposure. New York state laws allow families to take legal action within three years of the date they were aware (or should have known) 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 sets an expiration date to file an claim. These deadlines differ by state. They usually are determined by the date of the person's exposure to asbestos or when they were diagnosed with an asbestos-related disease. There are several factors which can make it difficult to follow the rules.

Many people exposed to asbestos do not realize they have been diagnosed with a condition until decades after their first exposure. This is due to the latency period for mesothelioma, and other asbestos-related diseases. Due to the time of latency, it is important for mesothelioma victims and their families to file a lawsuit immediately if they are able to.

The time limit for a statute of limitations differs according to state, but the majority start with the date of diagnosis. Certain states have different statutes of limitations for wrongful-death cases and personal injury claims. In general, wrongful death statutes of limitation are shorter than those for personal injury claims.

Asbestos patients and their families should hire a mesothelioma attorney immediately. The lawyer will be able to review all possible sources of compensation and offer advice on the best way, where and when to file. Additionally, a knowledgeable mesothelioma attorney can help in the event that the statute of limitations has already expired.

Lawyers for mesothelioma may suggest options to obtain compensation even if the statute has expired. These include trust fund claims and other sources of financial aid. They may be able file the claim in a jurisdiction where the statute of limitations hasn't expired.

If the patient is not diagnosed with mesothelioma the statute of limitation begins when they are diagnosed as having a related condition like asbestosis or lung cancer. Some states have "discovery" statutes, which apply the same as a standard statute of limitations, but begin at the time of the diagnosis, not the initial exposure.

Mesothelioma attorneys should always discuss statutes of limitations with their clients and their loved relatives. A knowledgeable mesothelioma lawyer will provide state-specific laws, as well as specific circumstances where a statute of limitations may be suspended or tolled.

Hire a lawyer

Asbestos lawyers are able to navigate the maze of asbestos litigation. They work with other lawyers to ensure that your case gets the highest chance of success.

Asbestos claims are distinct from other personal injury cases. The main reason is that asbestos attorneys exposure occurred years ago, and a lot of the companies that were exposed have either declared bankruptcy or gone out of business. Many times, those who were exposed don't even remember where they worked, and it is hard to pinpoint the places where they might have been exposed. An experienced attorney can help you in this regard as he or she can use the resources available to him/her to find out what companies were exposed and the time they worked at the place.

Once the asbestos lawyer has an understanding of the location to which the person was exposed and what they did there and what they did, he or she can then engage medical experts to look over the evidence and create reports on how exposure to asbestos led to mesothelioma. It is important that the asbestos lawyer is able establish the causation aspect of the case, because without it the victim may not qualify for 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 as well as asbestos-related injuries, medical records, testimonies from other victims and more. In addition, a mesothelioma lawyer should be familiar with the various kinds of financial assistance that are available to victims and their families. This includes health insurance, disability insurance and Social Security benefits.

Engaging an experienced asbestos lawyer is crucial for anyone who has been diagnosed with mesothelioma or another asbestos-related illness. A lawyer can be in a position to assist patients determine which type of claim is appropriate for them and then help to file the proper paperwork. A mesothelioma lawyer who is experienced can assist those suffering from other asbestos-related illnesses file for compensation, including trust fund and VA claims.