How to File an Asbestos Claim
A legal action is taken against companies who exposed a person to asbestos. The statute of limitations is a time period within which lawsuits have to be filed.
Asbestos lawsuits can be filed by victims who are living or their families. When a plaintiff dies the estate representative of their estate may continue the case in the event of the wrongful death.
Work History
Asbestos victims need to provide their lawyer with documents that clearly specify the date of their exposure to asbestos, what their job involved and the length of time. This information will allow the lawyer to establish a direct link between asbestos exposure and the victim’s health condition. A lawsuit that involves asbestos may not be successful if evidence isn't there.
Those who work in a workplace are most likely to be exposed to asbestos. It can also happen in churches and schools as well as hospitals, bases of military, and private residences. Asbestos is present in shingles, pipes insulation, fireproofing, and insulation materials. Asbestos fibers can cause respiratory issues and other diseases like mesothelioma among those who are exposed to this material.
Many companies that produced asbestos were aware of its dangers however, they chose to keep it quiet. This was a choice made to boost profits and safeguard the industry. It was not until the first asbestos lawsuits were filed that these companies began to compensate those who contracted mesothelioma or other diseases caused by exposure to asbestos.
A lawsuit against a company that manufactures asbestos is a complicated task. Because asbestos is no longer used, it can be difficult to determine the parties responsible. There are a number of laws that can assist victims determine the companies accountable for their exposure to asbestos lawyers. 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 all examples.
Asbestos victims are usually compensated by asbestos trust funds. These funds were set up to help victims receive compensation when the companies responsible for their exposure have gone under. An experienced attorney who is skilled in asbestos litigation knows how to negotiate these funds to ensure the maximum amount of compensation.
Families of people who died from mesothelioma, or another asbestos-related disease, can make wrongful death claims. This type of lawsuit seeks to recover the unpaid medical costs, funeral expenses and loss of income for the deceased. These lawsuits also seek to hold asbestos companies accountable for their wrongful conduct.
Testimonials
You can sue companies who put you at risk if you are diagnosed with mesothelioma, or any other asbestos attorneys-related illness. Your legal team will collect proof to prove that the companies caused harm to you. This includes medical proof of your diagnoses and asbestos product identification. Because it is commonplace for plaintiffs have had exposure to various asbestos-related products throughout their careers Many lawsuits have multiple defendants.
A lawyer who specializes on mesothelioma cases will be able to locate the right defendants for your case even if they've been bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has been involved in hundreds of mesothelioma cases. The firm has helped to settle more than $2 billion worth of asbestos litigation.
In the past lawyers who were specialized in asbestos litigation would seek clients and then "bundle" them into groups to file lawsuits in large quantities. The idea was to overburden the judiciary and enrich lawyers. According to the U.S. Department of Justice this skewed approach to litigation has been detrimental to plaintiffs. This has also drained funds that could have been made available for individuals who will develop more serious illnesses in the future.
The current compensation systems require attorneys to group claims based on the diagnosis. This has resulted in an enlargement of the number of mesothelioma lawsuits. These changes, along with the fact that some states have enacted reforms in tort law that have led to a stricter medical criterion and an inactive docket, have led to a reduction in the number of new claims filed from 2004 to 2006.
You can also bring wrongful death lawsuits on behalf relatives of a deceased loved one who died from asbestos exposure. New York state laws allow families to pursue legal action within three years of the date they were aware (or should have known) 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 limitation is a law that establishes a deadline to file an claim. These deadlines vary from state to state. These deadlines usually are based on when the victim was exposed to asbestos or diagnosed with an asbestos-related disease. There are several factors which can complicate the rules.
Many people who have been exposed to asbestos are unaware that they are suffering from a disease for a long time after initial exposure. This is due to the mesothelioma latency period and other asbestos-related diseases. It is essential that mesothelioma patients and their families file a lawsuit immediately due to the latency period.
The time limit for a statute of limitations varies from state to state, but in most cases it begins 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 limitation are less than those for personal injury claims.
Asbestos patients and their families should consult an attorney for mesothelioma immediately. The lawyer will go over all possible sources of compensation for clients and offer advice on when, where and how to file. A knowledgeable mesothelioma lawyer can help if the statute of limitations has already expired.
Lawyers for mesothelioma may offer options for obtaining compensation even if the statute has expired. This includes trust fund claims as well as other sources of financial aid. They might 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 limitations begins when they are diagnosed as having a related condition such as lung cancer or asbestosis. Certain states have "discovery" statutes, which have the same effect as a standard statute of limitations, but start at the time of the diagnosis instead of the first exposure.
Mesothelioma lawyers should always discuss the statute of limitations with their clients and family members. A mesothelioma lawyer can explain state law as well as the circumstances where the statute of limitations can be tolled or suspended.
Hire a lawyer
Asbestos attorneys know how to navigate through the complexities of asbestos litigation. They will collaborate with other lawyers to ensure that your case gets the best possible outcome.
Asbestos claims are different from other personal injury cases. The main reason is that the exposure to asbestos occurred several decades ago and many of the companies that were exposed have either declared bankruptcy or are out of business. The majority of the workers who were exposed to asbestos don't even remember where they worked and it is hard to pinpoint the locations where they may have been exposed. An experienced attorney can assist you with this because he/she can use the tools available to find out what companies were exposed and the time they worked at the place.
When the asbestos attorney has a better idea of the location and how the victim was exposed to asbestos, he is able to engage medical experts to examine and write reports regarding the cause of mesothelioma. It is essential that the asbestos attorney can establish the causation component of the case as without it, the victim could not be eligible for compensation.
A mesothelioma lawyer will also be able to collect the required information required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's employment and asbestos-related injuries, medical records, testimonies from other victims and much more. A mesothelioma attorney should also be familiar with the various types of financial aid available to victims and family members. This includes health insurance benefits as well as disability insurance. Social Security benefits.
Anyone diagnosed with mesothelioma or any other asbestos-related illness, should hire an asbestos lawyer. An attorney can help decide on the type of claim they should submit and assist in filling out the paperwork. An experienced mesothelioma lawyer can also help people with other asbestos-related illnesses to file claims for compensation, which includes trust fund and VA claims.