How to File an Asbestos Claim
An asbestos claim is a legal proceeding against companies that exposed someone to asbestos lawsuits. The lawsuit must be filed within a specified time frame called the statute of limitations.
Asbestos lawsuits can be filed by victims who are alive or their families. When a plaintiff dies and their estate representative is appointed, they can continue the case in the event of the wrongful death.
Work History
Asbestos-related victims need to provide their lawyer documents that clearly state when they were exposed to asbestos, what their job responsibilities are and how long. This information will help the lawyer establish a direct link between exposure to asbestos lawsuits and the patient's condition. A lawsuit involving asbestos may not be successful if evidence is lacking.
Those who work in an industrial setting are more likely to be exposed to asbestos. This exposure can also occur in churches and schools, hospitals, bases of military, as well as private residences. Asbestos is found in pipes, shingles, insulation, and fireproofing materials. Asbestos fibers can cause respiratory problems and diseases such as mesothelioma in people who are exposed to asbestos.
Many companies that made asbestos were aware of its dangers however they decided to keep it quiet. This was done in order to ensure the safety of the industry and to increase profits. These companies did not begin to compensate those who were diagnosed with mesothelioma or other illnesses as a result of asbestos exposure until the first lawsuits were filed.
A lawsuit against a company that manufactures asbestos is a difficult task. Since asbestos is no longer in use it can be difficult to determine who is responsible. However, there are a variety of laws that help victims find the companies responsible for their exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) The Safe Drinking Water Act and Resource Conservation and Recovery Act are just a few examples.
Asbestos trust funds are generally accountable for the payment of asbestos victims. These are funds that are set up to help victims get compensation if the businesses responsible for their exposure have gone bankrupt. A skilled attorney who specializes in asbestos litigation knows how to negotiate these funds and ensure the maximum compensation.
Families of those who died from mesothelioma or another asbestos-related illness, may file wrongful death cases. This type of claim seeks damages for unpaid medical bills, funeral costs and loss of income. These lawsuits also seek to hold asbestos companies accountable for their wrongful conduct.
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 collect evidence to prove the businesses who caused you harm, such as medical evidence of your diagnosis and the identification of asbestos products. A lot of lawsuits involve dozens of defendants, as it's typical for plaintiffs to have been exposed to a variety of asbestos products during their career.
A lawyer who is specialized in mesothelioma cases will be able to locate the right defendants for your case even if they've been bankrupt. Young Conaway Stargatt & Taylor has been involved in 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 resolve over $2 billion in asbestos litigation.
Firms that were specialized in asbestos litigation would "bundle" clients together to file lawsuits in bulk. The goal was to overwhelm the judicial system and make lawyers richer. This biased approach to litigation has hurt plaintiffs according to the U.S. Department of Justice. It also has drained funds that could have been available to those who are likely to contract more serious illnesses in the future.
The current compensation systems in place require attorneys to group claims based on diagnosis. This has resulted in a decrease in the number of mesothelioma lawsuits. Combined with the fact that certain states have passed tort reforms that have resulted in stricter medical criteria and an inactive docket, these changes have contributed to a decrease in new claim filing activity from 2004 to the year 2006.
In addition to mesothelioma lawsuits, you can 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 of when they knew (or should have had the knowledge) of the injury. Other states have different statutes of limitation. New Jersey and Pennsylvania have a two-year deadline for legal action.
Statute of limitations
A statute of limitations is a law that sets the deadline to file a claim. The deadlines vary according to the state. They are usually based on the date of the person's exposure to asbestos or the date they were diagnosed with an asbestos-related illness. However, there are several factors that could complicate these rules.
Many people who have been exposed to asbestos are not aware that they are suffering from a disease for decades after the initial exposure. This is due to the time frame of mesothelioma's latency and other asbestos-related illnesses. Due to the latency period it is essential for mesothelioma sufferers and their families to start a lawsuit as soon as possible.
The statute of limitations is different in each state, but they generally begin from the date of diagnosis. There are some states with different statutes of limitations for wrongful death cases versus personal injury claims. In general, the statutes of limitation are less than those for personal injury claims.
Asbestos victims and their families should think about hiring mesothelioma attorneys as early as is feasible. The lawyer can review all possible sources of compensation and offer guidance on the best way, where and when to file. A mesothelioma lawyer could assist in cases where the statute has expired.
Mesothelioma lawyers may suggest alternatives to seek compensation even in the event that the statute of limitations has run out for trust fund claims or other sources of financial aid. They may also be capable of filing the claim in a different state where the statute of limitations hasn't yet expired.
If the victim is not diagnosed with mesothelioma the statute of limitations starts when they are diagnosed as having a related condition like asbestosis or lung cancer. Some states have "discovery" statutes that follow the same rules as a traditional statute of limitations, but start with the date of diagnosis, not the initial exposure.
Mesothelioma lawyers must always discuss the statute of limitations with their clients and family members. A knowledgeable mesothelioma lawyer can explain state laws as well as specific situations in which the statute of limitations can be tolled or suspended.
Employ a lawyer
Asbestos lawyers are able to navigate through the complex asbestos litigation. They work with other attorneys to ensure that your case receives the highest chance of success.
Asbestos cases are different from other personal injury cases. The exposure to asbestos occurred decades ago, and many of the companies affected have been closed or filed for bankruptcy. Many of the workers who were exposed to asbestos do not remember the places they worked in, and it can be difficult for them identify the places they might have been in. This is where an experienced attorney is essential because they can make use of the resources at his disposal to determine the name of the companies that were exposed and the dates that they worked at.
Once the asbestos attorney - click the following webpage, has an understanding of the location to which the individual was exposed to asbestos and what they did there, he or she can then get medical experts to examine the evidence and prepare reports on how exposure to asbestos caused mesothelioma. It is crucial that the asbestos lawyer can establish the causation element of the case because without it, the victim could not be able to claim compensation.
A mesothelioma lawyer will be able to collect the information required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information about the victim's work or work-related asbestos lawyers-related injuries as well as medical records. It also includes testimonials from other victims. A mesothelioma lawyer must also be knowledgeable about the various types of financial aid that are available to victims and their family members. This includes health insurance benefits as well as disability insurance and Social Security benefits.
Employing an experienced asbestos lawyer is essential for anyone who has been diagnosed with mesothelioma, or other asbestos-related illness. A lawyer can assist patients decide on the kind of claim they should submit and assist in filling the necessary paperwork. An attorney for mesothelioma can assist those suffering from other asbestos-related diseases file for compensation. This includes trust fund and VA claims.