This Is The Complete Guide To Asbestos Claim
How to File an Asbestos Claim
A legal action is taken against companies that exposed a person to asbestos. Lawsuits must be filed within a specified time frame called the statute of limitations.
Asbestos lawsuits can be filed by the living victims or their families. If a plaintiff dies, their estate representative can pursue the case as a wrongful death lawsuit.
Work History
Asbestos sufferers must submit to their lawyer documents that clearly specify the date of their exposure to asbestos, what their job was and for how long. This information will allow the lawyer to establish a direct connection between the asbestos exposure and the victim’s health condition. Without the right evidence, an asbestos lawsuit may not be able to proceed.
Asbestos is most likely be discovered in industrial environments. It can also happen in churches and schools, hospitals, bases of military and private homes. Asbestos is found in pipes, shingles insulation, fireproofing materials. Anyone who is exposed to these materials could inhale asbestos fibers and suffer respiratory problems and illnesses such as mesothelioma.
Many companies that made asbestos were aware of the dangers, but chose to not speak about it. This was a choice made to boost profits and protect the industry. It wasn't until the first asbestos lawsuits were filed that the companies began to compensate people who contracted mesothelioma or other illnesses due to exposure to asbestos.
A lawsuit against a company that manufactures asbestos can be a complicated process. It is difficult to determine the parties responsible since asbestos attorneys is no more in use. There are many laws that can assist victims determine the companies accountable for their asbestos 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 trust funds are usually responsible for compensating asbestos victims. These funds are created to help injured victims get compensation when the companies that exposed them have gone bankrupt. In these cases, an experienced attorney specializing in asbestos litigation will be able to negotiate with these funds and ensure you receive the highest amount of amount of compensation you can get.
Families of people who died from mesothelioma, or an asbestos-related illness, may bring wrongful death lawsuits. This type of claim seeks compensation for unreimbursed medical costs, funeral expenses and loss of income for the deceased. These lawsuits also seek to hold asbestos companies accountable for their negligence.
Testimonials
If you've been diagnosed with mesothelioma or another asbestos-related disease, you can file a lawsuit against the companies that put you in harm's way. Your legal team will collect evidence to prove the businesses who caused you harm, such as medical proof of diagnosis and asbestos product identification. Many lawsuits involve dozens or more defendants, since it is typical for plaintiffs to have been exposed to different asbestos-related products over the course of their professional careers.
A lawyer who is specialized in mesothelioma cases will be able to locate the right defendants in your case, even if they have been bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been working on asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases. He has also helped settle more than $2 billion of asbestos litigation.
In the past, law firms that were specialized in asbestos litigation would solicit clients and then "bundle" them together into groups to file lawsuits in bulk. 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 has drained funds which could have been provided to individuals who are expected to develop more serious diseases in the future.
The current compensation system requires attorneys group claims based on diagnosis. This has resulted in an enlargement of the number of mesothelioma lawsuits. These changes, in addition to the fact some states have implemented reforms to tort law, which have led to in a stricter medical criterion as well as an inactive docket have contributed to a reduction in the number of new claims filed from 2004 to.
In addition to mesothelioma cases, you can file wrongful death claims for family members who have lost a loved one due to asbestos exposure. New York state laws allow families to take legal action within three years of when they knew (or should have had the knowledge) of the injury. In other states the statutes of limitations differ in 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 a legal claim. The 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. However, there are a variety of factors that can complicate these rules.
Many people who have been exposed to asbestos attorneys are unaware of the existence of a condition for a long time following the initial exposure. This is due to the mesothelioma latency period and other asbestos-related illnesses. Due to the latency period, it is important for mesothelioma sufferers and their families to make a claim as soon as they can.
The statute of limitations is different by state, but most start with the date of diagnosis. There are states that have different statutes of limitation for wrongful death cases versus personal injury claims. In general, the statutes of limitations are less than personal injury ones.
Asbestos patients and their families should hire an attorney for mesothelioma immediately. The lawyer will review all the possible sources of compensation for clients and advise on the best time, place and how to file. A mesothelioma lawyer can also help if the statute is expired.
Mesothelioma lawyers can suggest options to seek compensation even when the statute of limitations has run out for example, trust fund claims or other sources of financial aid. They may also be in a position to file the claim in a different jurisdiction where the statute of limitations hasn't yet expired.
If the victim is not diagnosed with mesothelioma, the statute of limitation begins when they are diagnosed with a related condition such as asbestosis or lung cancer. Certain states have "discovery" statutes that apply the same as a standard statute of limitations, but begin at the time of the diagnosis instead of the original exposure.
Mesothelioma lawyers should always discuss the statute of limitations with their clients and family members. A mesothelioma lawyer who is knowledgeable can explain the laws of the state as well as specific situations in which a statute of limitations may be extended or suspended.
Employ a lawyer
Asbestos lawyers know how to navigate the complex asbestos litigation. They will work with other lawyers to ensure that your case gets the best possible outcome.
Asbestos claims are distinct from other personal injury cases. The reason for this is that the exposure to asbestos occurred several decades ago and many of the companies that were exposed have either filed for bankruptcy or are out of business. The majority of the workers who were exposed do not even remember where they worked and it's difficult to pinpoint the locations where they may have been exposed. A knowledgeable attorney can assist you with this as he/she will be able to use the resources available to him/her for determining which companies were exposed and when they worked there.
Once the asbestos attorney has a clear idea of the location and how the victim was exposed to asbestos, he is able to have medical experts review and write reports on the causes of mesothelioma. It is important that the asbestos lawyer can establish the causation aspect of the case because without it the victim may not be eligible 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 employment and asbestos-related injuries, medical records, testimonies from other victims and much more. A mesothelioma lawyer must be familiar with all of the different types of financial assistance that is available to victims and their families. This includes health insurance benefits, disability insurance, and Social Security benefits.
Engaging an expert asbestos lawyer is essential for anyone diagnosed with mesothelioma or other asbestos-related illness. A lawyer can be able to help individuals determine which type of claim is appropriate for them and help them complete the appropriate documentation. An experienced mesothelioma lawyer can also help people with other asbestos-related illnesses to file for compensation, including trust fund and VA claims.