How to File an Asbestos Exposure Claim
A claim for asbestos exposure forces asbestos producers to take the responsibility for their actions that have caused a number of people harm over the many years. The process can help victims and their families receive compensation for the medical expenses, lost income, and funeral expenses that are associated with asbestos-related illnesses.
The people who work with asbestos often bring asbestos fibers to their home, primarily on their clothing and skin and expose their families to secondary exposure. This can lead mesothelioma or other asbestos-related diseases.
Medical Records
All medical records are vital for patients suffering from mesothelioma or other asbestos-related illnesses. These will help their lawyer identify the asbestos exposure that led the development of their illness and show that they are entitled to compensation.
The law requires plaintiffs to have a pathology, imaging scans and doctor's declarations linking the diagnosis to an asbestos-related illness. Lawyers also need a patient's work history and may include a list of jobs and businesses. People who are exposed to asbestos for the course of a long time, for example, those employed in the construction industry are at a greater risk of developing mesothelioma or other ailments.
A mesothelioma lawyer with experience can also assist in obtaining additional evidence, such as workers' compensation claims, veterans' benefits, and other financial records. These documents can provide valuable clues about asbestos product manufacturers and employers.
If the victim is diagnosed with a mesothelioma tumor, their attorney may file an injury-related or wrongful death lawsuit against asbestos-related product manufacturers. Legal action must be taken within the time limit of the statute of limitations that is different for each location. In New York State, for example legal action is required within three years of the date that the victim discovered (or was able to realize due to symptoms), that they was suffering from an asbestos-related illness.
In addition to taking legal action against a manufacturer, victims can seek compensation from an asbestos trust fund. The process can be complex however a mesothelioma lawyer will manage every aspect of the claim.
You can also bring a lawsuit against the employer if you are victimized or if a family member is. This kind of lawsuit differs from a personal injury claim and typically involves lien. Liens are financial agreements between an insurer of an accused and a family member or a victim of a mesothelioma sufferer.
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 victims and their families may be able to claim compensation for their losses, such as funeral expenses as well as lost wages, suffering and pain.
Work History
If you or a loved one was exposed to asbestos, keeping an accurate work history is crucial. It will help lawyers determine what type claim is appropriate and the documentation needed to support it.
Many tradesmen were exposed to asbestos throughout the 20th century, which included those involved in insulation, construction and shipyard jobs. Workers brought asbestos fibers home with them on their clothing, putting the families at risk of developing mesothelioma later. A North Carolina mesothelioma attorney could look over your medical records or those of a loved ones to determine if a claim for exposure from secondhand sources is feasible.
A mesothelioma lawsuit involves determining which companies are liable for asbestos victims' loss, such as funeral expenses, medical expenses and income loss. Lawyers can assist clients with obtaining documents such as company pension or disability information, interview witnesses and develop a timeline of events.
If a mesothelioma sufferer died before their case was resolved, their family can start a wrongful-death lawsuit to recover compensation. A wrongful death lawsuit can be filed to pay funeral and treatment expenses, and to provide financial security.
Asbestos victims' attorneys can make claims against multiple defendants, if needed, to ensure complete recovery. This can include the company who provided asbestos in the form of raw asbestos, asbestos product manufacturers and negligent employers. These companies knew that their products were causing harm but failed to warn or protect workers.
The EPA provides a number resources for individuals and families who suffer from illnesses related to asbestos. These resources include the TSCA Hotline and Asbestos Ombudsman. Trust funds set up by the spouses of survivors or asbestos victims can compensate those suffering from asbestos-related ailments such as mesothelioma.
In contrast to workers' compensation, an asbestos lawsuit requires an attorney to represent the interests of the client, not the employer. If it's a mesothelioma suit requires an attorney with experience in seeking compensation against trust funds or private insurers that have averted responsibility for exposure to asbestos-related substances that cause cancer.
Secondhand Exposure
While most mesothelioma cases are caused by exposure to asbestos but secondhand (ambient) exposure can also be a risk factor. People may come in contact with asbestos while doing laundry as well as when interacting with furniture or interacting with someone who works around or handles asbestos-containing products. These interactions can release toxic asbestos fibers in the air. others can inhale them or swallow 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 experience in handling these types of claims can review documents and speak with witnesses to identify the source of exposure. Attorneys can also assist victims file an asbestos lawsuit and navigate state laws on liability.
Secondhand asbestos exposure is most often when blue-collar workers carry asbestos fibers home after working shifts. Workers brought their contaminated hair, clothing and other equipment home where they were on couches or used appliances and touched surfaces minutes or even hours after. The contact with family members, including children and spouses, exposed them to asbestos. The people probably did not realize they were bringing in carcinogenic materials into their homes, and the tiny, insignificant fibers would often get caught on hair, clothing and even on skin.
Anyone who has come into contact with contaminated laundry, furniture or other items can make an asbestos claim. These kinds of lawsuits typically require the assistance of an experienced asbestos lawyer who can provide evidence such as clothing labels, medical records and asbestos tests. Lawyers can also assist plaintiffs determine the companies that produced the asbestos-containing products that they encountered.
Asbestos sufferers can also sue asbestos trust funds, which pay relatively fixed amounts to mesothelioma patients and others with asbestos-related illnesses. It is simpler to make a claim than it is to sue a single company and, in most cases the compensation is much more easily obtained from a trust fund rather than from an employer.
Anyone who is eligible for funds from an asbestos fund should contact a law firm which specializes in mesothelioma immediately. These attorneys can determine eligibility for filing a claim, determine the state or location that is the most appropriate to file the claim in and manage the entire procedure.
Statute of Limitations
The statute of limitations is the maximum amount of time in which a person can bring a lawsuit in a particular state, can differ. In certain states, the clock starts in the moment the patient is diagnosed of an asbestos-related disease, whereas in other states, it starts the moment they are first exposed.
A mesothelioma lawyer can help patients understand the statute of limitations in their state and how it is connected with the type of asbestos claim they are filing. Complete medical records, employment history and pertinent information about the product are needed to show the connection between exposure and the asbestos-related disease. It is difficult to pinpoint a precise date of exposure due to the long latency period of asbestos-related diseases.
An experienced lawyer can help victims understand their legal and medical options, which could include bringing lawsuits against negligent asbestos-related companies. This could be a company that mined asbestos, made products that contain asbestos attorneys or a negligent employer who knew about employee exposure but did not take steps to protect employees.
The compensation resulting from a successful asbestos lawsuit can be used to pay medical bills, home care expenses, lost quality of life and suffering and suffering funeral costs, and loss of the consortium of a loved one who has passed away due to an asbestos lawyers-related illness. Companies who exposed asbestos workers to over $30 billion have set trust funds. Many mesothelioma sufferers have received financial compensation from these trust funds.
A mesothelioma lawyer who is specialized can review asbestos-related evidence and determine the best method to make an asbestos lawsuit, either for personal injury or wrongful death. An experienced lawyer can assist in determining the best place to file. The state where the victim lived or worked as well as the location of asbestos-related companies could be a factor in the filing requirements.
An experienced mesothelioma lawyer will collect as much evidence as possible to back up 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 needed to prove that the asbestos exposure of the victim caused their mesothelioma.