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 many years. This process can help families and victims get compensation for medical expenses, lost income and funeral expenses that are related to asbestos-related diseases.
People who work with asbestos frequently bring fibers of asbestos home on their skin and clothing which exposes their family members to secondary exposure. This could lead to mesothelioma or other asbestos-related diseases.
Medical Records
Medical records are essential for patients suffering from mesothelioma or other asbestos-related diseases. These records will help their lawyer prove that asbestos exposure caused their disease and they deserve compensation.
The law requires plaintiffs to have an imaging scan, a pathology, and physician's statements linking the diagnosis to an asbestos-related condition. Lawyers will also require the details of the patient's employment history as well as the names of the companies and jobs. People who are exposed to asbestos for the course of a long time, for example, those who work in the construction industry are at a greater chance of developing mesothelioma and other illnesses.
A mesothelioma lawyer with experience can also assist in obtaining additional evidence such as workers compensation claims, veteran's benefits and other financial records. These documents can provide valuable clues about asbestos companies and their employees.
If a person is diagnosed with mesothelioma through an expert physician, their attorney may make a claim for personal injury or wrongful deaths against asbestos attorney product manufacturers. The time frame for filing a lawsuit is different from jurisdiction to jurisdiction. For instance, in New York State, legal action must be filed within three years of the date the victim was aware (or should have known based on symptoms) that they had an asbestos-related disease.
In addition to taking legal action against manufacturers, victims can also seek compensation from an asbestos trust fund. A mesothelioma lawyer will guide you through the complex process.
You can also sue the employer if you are an injured victim or if you are a family member is. This type of lawsuit differs from a personal injury lawsuit and usually involves liens. Liens are financial agreements between the insurer of a defendant and mesothelioma victims or their family members.
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 the losses they suffered. This includes funeral expenses as well as lost wages and discomfort and pain.
Work History
It is essential to keep an extensive work record in the event that you or someone you care about was exposed to asbestos. It will help lawyers determine what type claim is appropriate and what documentation is needed to support it.
Workers in many trades were exposed to asbestos throughout the 20th century, which included those working in insulation, construction and shipyard work. Workers often brought home asbestos fibers on their clothes, putting their families at risk of developing mesothelioma decades later. A North Carolina mesothelioma lawyer could look over your or a loved one's medical records and work history to determine whether a secondhand exposure claim is possible.
In a mesothelioma case, the plaintiff must determine which companies are responsible for the asbestos-related losses of the victims which include funeral expenses, medical expenses and lost income. Lawyers can assist clients with obtaining documents like pension or disability information, and also interview witnesses and develop a timeline of events.
If a mesothelioma sufferer dies before their case is settled the family of the victim may file a lawsuit for wrongful death to recover compensation. A wrongful death suit can be filed to cover funeral and treatment costs, and to secure financial security.
If required asbestos victims' lawyers may file claims against multiple defendants to receive full settlement. This could include the company who provided asbestos raw material as well as asbestos product manufacturers and negligent employers. These companies knew their products could cause harm, but failed to warn employees or to safeguard them.
The EPA offers a variety of options for families and individuals who suffer from ailments caused by asbestos. These resources include the TSCA Hotline and Asbestos Ombudsman. People suffering from mesothelioma or other asbestos-related diseases may also be eligible for compensation from trust funds established by the spouses of survivors of asbestos victims.
In contrast to workers' compensation and asbestos lawsuits, asbestos lawsuits require an attorney to represent the interests of the plaintiff not the employer. In the case of mesothelioma case, that means finding a seasoned lawyer who is experienced in the process of obtaining compensation from trust funds or private insurance companies that have claimed that they are not responsible for exposing asbestos patients to toxic substances that cause cancer.
Second-Hand Exposure
Secondhand (ambient exposure) can be a risk factor, despite although the majority of mesothelioma can be result of asbestos exposure through firsthand. Individuals can come in contact with asbestos while washing laundry, interacting with furniture or in physical contact with someone who works around or handles asbestos-containing products. These interactions can release the harmful fibers into the air, where others can inhale or ingest them.
Asbestos lawsuits that involve exposure to asbestos from secondhand sources typically require the help of an experienced lawyer who is able to track asbestos exposure. Attorneys who have handled these kinds of claims will be in a position to look over records and interview witnesses to identify the source. Attorneys can help asbestos victims make a claim and comply with laws of the state regarding liability.
In most instances, secondhand exposure to asbestos is the result of a blue-collar worker taking asbestos fibers home after their shifts. Workers brought contaminated clothing, hair and other equipment home, where they sat on couches, used appliances, and touched surfaces minutes or even hours later. This contact with family members, like children and spouses exposed them to asbestos. The people probably did not know they were bringing in carcinogenic substances into their homes, and the tiny particles would be sucked up on hair, clothing and even skin.
Individuals who have come into contact with contaminated laundry, furniture or other items may make an asbestos claim. These kinds of lawsuits typically require the help of an experienced asbestos lawyer who can present evidence like clothing labels as well as medical records and asbestos attorney tests. Lawyers can assist plaintiffs to identify companies that produced asbestos-containing products.
Asbestos sufferers can also sue asbestos trust funds, which pay fixed amounts to mesothelioma patients and other people suffering from asbestos-related diseases. It is much easier to bring a lawsuit than it is to sue a company individually, and often the compensation is much easier to get from a trust fund rather than from an employer.
Individuals who are eligible to receive money from an asbestos trust fund should contact a mesothelioma legal firm right away. These lawyers can determine if they are eligible to make a claim, decide the most appropriate state or jurisdiction for the lawsuit and handle the entire process of filing.
Statute of limitations
The statute of limitations, which defines the maximum time a person has to make a claim, can vary by state. In some states, the clock begins to tick when a patient is diagnosed with an asbestos-related disease, whereas in other states it begins when they are first 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. To prove a link between asbestos exposure and disease, detailed medical documents, employment histories, and relevant product information are required. It is, however, difficult to identify a precise date of exposure due to the fact that asbestos-related diseases have a long period of latency.
A skilled lawyer can assist victims in understanding their legal and medical options, which may include bringing a lawsuit against negligent asbestos-related companies. It could be a business which mined or manufactured asbestos-containing products or an employer who was aware of the dangers to employees but failed to protect them.
Compensation for an asbestos lawsuit that is successful can pay medical bills, home health expenses, lost quality of life as well as suffering and pain funeral costs, and loss of consortium if a loved one has passed away from an asbestos-related illness. Companies that exposed asbestos workers to more than $30 billion have set trust funds. Many mesothelioma sufferers have received financial compensation from these trust funds.
A mesothelioma lawyer will examine evidence related to asbestos and determine the best method for you to file an asbestos suit, whether it is for personal injury or wrongful death. An experienced lawyer can assist you in deciding the best place to file. The state where the victim lived or worked, and the location of asbestos-related businesses could be a factor in the filing requirements.
A seasoned mesothelioma lawyer will collect as much information as possible to support the client's case. The evidence can include the medical records of the patient and employment records, as well as any asbestos-related products employed on the job. These documents are required to establish a connection between the patient's mesothelioma or any other asbestos-related illness and a specific asbestos-related company or companies responsible for their exposure.