How to File an Asbestos Exposure Claim
A claim of asbestos exposure requires asbestos manufacturers to accept the responsibility for their actions which have caused millions of people harm over the years. The process can help the families of victims receiving compensation for medical expenses, lost wages, and funeral expenses resulting from asbestos-related illnesses.
Workers who work with asbestos often carry asbestos fibers to their home, primarily on their clothing and skin and expose their families to further exposure. This can cause mesothelioma and other asbestos attorneys-related diseases.
Medical Records
All medical records are vital for patients with mesothelioma, or other asbestos-related diseases. They can help their lawyer identify the asbestos exposure that caused the development of their illness and show that they are entitled to compensation.
The law requires that plaintiffs have a pathology report, scans of imaging and a doctor's note linking the diagnosis to an asbestos-related health issue. Lawyers will also require the patient's employment history and a list of companies and jobs. People who are exposed to asbestos for a long period of time, like those who work in the construction industry, are at a higher risk of developing mesothelioma or other ailments.
A mesothelioma lawyer who has experience can also assist in obtaining additional evidence such as workers compensation claims, veteran's benefits and other financial records. These documents can give valuable information about asbestos-related product manufacturers and employers.
If a patient is diagnosed with mesothelioma by a doctor, their lawyer can file a lawsuit for personal injury or wrongful death against asbestos product manufacturers. The time limit for filing a lawsuit varies between jurisdictions. In New York State, for example legal action is required within three years of the date that the victim discovered (or could have realized due to symptoms), that they was suffering from an asbestos-related illness.
In addition to pursuing legal action against the manufacturer, victims may also seek compensation from an asbestos trust fund. A mesothelioma lawyer can guide you through the complex process.
It is also possible for victims or their family members to file a wrongful death lawsuit against their employer. This kind of lawsuit is different from a personal injury claim and typically involves the use of liens. Liens are financial arrangements between the insurer of the defendant and mesothelioma victims or their family.
A wrongful death lawsuit can be brought against a variety of individuals, including those who supervised asbestos-contaminated sites, asbestos contractors and asbestos manufacturers. Mesothelioma patients and their families may be entitled to compensation for their losses. This includes funeral expenses along with lost wages, discomfort and pain.
Work History
It is crucial to make a detailed work record if you or someone you care about was exposed to asbestos. It can help attorneys determine which type of claim is appropriate and the documentation required to support it.
In the 20th century, asbestos was employed in a variety of trades, such as shipyards, construction and insulation. They often brought home asbestos fibers on their clothing, putting their families at risk of mesothelioma that would develop later in life. A North Carolina mesothelioma attorney could examine your medical records or those of a loved ones to determine if a claim for secondhand exposure is possible.
A mesothelioma lawsuit involves the determination of which companies are accountable for asbestos victims' losses, such as medical expenses, funeral costs and income loss. Lawyers can help clients obtain documents like company pension or disability information, interview witnesses and develop a timeline of events.
If a mesothelioma victim died before the case was settled and their family members can file a wrongful death lawsuit to seek compensation. A wrongful death lawsuit can be filed to reduce debt from the cost of treatment and funeral costs and to provide much-needed financial security.
asbestos lawyers victims' attorneys can seek claims against a variety of defendants if necessary to ensure complete recovery. This could include the company that supplied raw asbestos, asbestos product manufacturers and negligent employers. These companies knew that their asbestos products could cause harm, but failed to warn or protect workers.
The EPA offers a range of resources for families and individuals who suffer from ailments caused by asbestos. These include the TSCA Hotline and Asbestos Ombudsman. Trust funds set up by the surviving spouses or asbestos victims could offer compensation to those who suffer from asbestos-related diseases such as mesothelioma.
Contrary to workers compensation and asbestos lawsuits, asbestos lawsuits require an attorney to represent the interests of the plaintiff and not the employer. If it's a mesothelioma case requires an attorney with expertise in seeking compensation from trust funds or private insurers who have denied the responsibility of exposing asbestos victims cancer-causing substances.
Second-Hand Exposure
Although the majority of mesothelioma cases are caused by exposure to asbestos but secondhand (ambient) exposure can also be an risk factor. Individuals may come into contact with asbestos while doing laundry or interacting with furniture, or having physical contact with a person who works, with or handles asbestos-containing products. These interactions can release the harmful fibers into the atmosphere which others inhale or ingest them.
Asbestos lawsuits that involve exposure to asbestos from secondhand sources typically require the help of an experienced lawyer who knows how to trace asbestos exposure. Attorneys who have handled these kinds of claims are in a position to look over the records and talk with witnesses to identify the source. Attorneys can also assist victims file a asbestos lawsuit and navigate state laws on liability.
Secondhand asbestos exposure occurs typically when blue-collar workers carry asbestos fibers at home after their shifts. Workers brought these contaminated clothes hair and other equipment into their homes where they would sit on couches, use appliances and interact with surfaces for hours or even minutes. Asbestos was then spread to family members such as spouses, children and others through this contact. These individuals likely did not know they were bringing in carcinogenic materials into their homes, and the small, minuscule particles would be sucked up on clothing, hair and even skin.
Anyone who has come into contact with contaminated laundry, furniture or other objects can file an asbestos claim. These kinds of lawsuits typically require the assistance of an experienced asbestos lawyer who can present evidence such as clothing labels medical records, asbestos tests. Lawyers can assist plaintiffs in identifying companies that made asbestos-containing products.
Asbestos sufferers can also file a lawsuit against asbestos trust funds that pay fairly fixed amounts for mesothelioma and various asbestos-related diseases. It is easier to make a claim than to sue an individual company and, often it is easier to get from a trust fund than from an employer.
Anyone who is eligible to receive money from an asbestos trust fund should contact a mesothelioma law firm right away. These lawyers can determine the eligibility for filing an action, decide the state or location that is the most appropriate to file the claim in and manage the entire process.
Statute of limitations
The statute of limitations, which defines the time limit for when an individual must file a lawsuit, can differ by state. In some states, the clock starts ticking when a patient is diagnosed as having an asbestos-related disease, whereas in other states it starts when they first become exposed.
An attorney for mesothelioma can assist patients in understanding the statute of limitations in their state and how it connects with the type of asbestos claim they have filed. Detailed medical records, employment history and relevant information about the product are needed to prove a link between exposure to asbestos and the disease. It is difficult to pinpoint a precise date of exposure due to the lengthy time of latency for asbestos-related diseases.
A skilled lawyer can review a victim's medical and legal options, including filing an individual or group lawsuit against negligent asbestos-related companies. This could include a company that mined asbestos, made products containing asbestos or a negligent employer that knew about asbestos exposure but did not protect workers.
A successful asbestos lawsuit may be used to pay medical expenses, home care costs, lost quality-of-life, pain and suffering and funeral costs and loss in consortium if your loved one passed away due to an asbestos-related disease. Over $30 billion has been set aside in trust funds by companies that exposed their workers to asbestos. Many mesothelioma sufferers have received financial compensation through these trust funds.
A specialist mesothelioma lawyer can review asbestos-related evidence and determine the best way to start an asbestos lawsuit, whether for personal injury or the cause of death. An experienced lawyer can assist you in deciding where to file. The state where the victim resided or worked or worked, as well as the location of asbestos-related businesses may play a role in the filing requirements.
A seasoned mesothelioma lawyer will gather as much information as is possible to support the client's claim. This includes the patient's full medical records, employment history and the names of any asbestos-related products employed on the job site. These documents are required to establish a connection between the mesothelioma victim's condition or any other asbestos-related illness and a specific asbestos business or companies that were responsible for their wrongful exposure.