How to File an Asbestos Claim
Legal action is taken against companies that exposed a person to asbestos. Lawsuits must be filed within a specific time period called the statute of limitations.
Asbestos lawsuits may be filed by the living victims or their families. When a plaintiff passes away and their estate representative is appointed, they can continue the case as a lawsuit for wrongful deaths.
Work History
Asbestos-related victims must give their lawyer documents that clearly state the date they were exposed to asbestos, their job description and how long. This will enable the lawyer to establish a direct connection between the asbestos attorney exposure and the victim’s health condition. Without the correct evidence that an asbestos lawsuit has, it may not be able to progress.
Asbestos is most likely be found in industrial environments. However, asbestos exposure could occur in schools, churches and military bases, hospitals and private homes. Asbestos is found in fireproofing and insulation materials, pipes and shingles. Asbestos fibers can cause respiratory issues and diseases such as mesothelioma among those who are exposed to this material.
Many asbestos-producing companies were aware of the dangers, but chose to not speak about it. This was a decision made in order to increase profits and protect the industry. These companies did not begin to pay compensation to those who developed mesothelioma or other illnesses because of asbestos exposure until the first lawsuits were filed.
A lawsuit against a company that produces asbestos is a difficult task. It can be difficult to identify responsible parties because asbestos is no longer in use. There are a variety of laws that help victims determine the companies accountable for their exposure to asbestos. 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 victims are usually compensated by asbestos trust funds. These are funds that are established to help injured victims receive compensation when the companies responsible for their exposure have gone under. An experienced attorney who specializes in asbestos litigation can negotiate these funds to ensure the maximum amount of compensation.
The cases of wrongful death are filed by family members of those who have passed away from mesothelioma, or another asbestos lawsuits-related disease. This type of lawsuit seeks compensation for the deceased person's unreimbursed funeral expenses, medical bills and loss of income. These lawsuits are also designed to hold the responsible asbestos companies accountable for their wrongful conduct.
Testimonials
If you've been diagnosed with mesothelioma, or another asbestos-related disease, you can make a claim against the businesses that put you in harm's way. Your legal team will gather evidence to show that the companies caused harm to you. This includes medical proof of your diagnosis and asbestos product identification. Since it is commonplace that plaintiffs have had exposure to different asbestos products throughout their lives, many lawsuits have multiple defendants.
A lawyer who specializes on mesothelioma cases will be able to locate the right defendants in your case even if they've been bankrupt. Young Conaway Stargatt & Taylor has been focusing on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped settle asbestos litigation worth over $2 billion.
In the past, law firms that were specialized in asbestos litigation would approach clients and then "bundle" them together into groups to file lawsuits in large quantities. The idea was to overburden judicial systems and enrich lawyers. This skewed approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. The result is that funds are being drained that would have been available for individuals who will develop more serious illnesses in the future.
The current compensation systems require that attorneys classify claims based on diagnosis. This has resulted in an increase in the number of mesothelioma lawsuits. These changes, along with the fact some states have passed reforms to tort law that have led to the use of a more strict medical criterion and an inactive docket, have led to a decrease in number of new claims filed from 2004 to.
You can also bring wrongful death lawsuits on behalf family members of a deceased loved one who died from asbestos exposure. New York state laws allow families to file a legal claim within three years of when they became aware (or should have had the knowledge) of the injury. Other states have different statutes of limitations. New Jersey and Pennsylvania require legal action within two-years.
Statute of limitations
A statute of limitations is a law which sets a deadline for filing a claim. These deadlines differ by state. The deadlines are typically dependent on the date that the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. However, there are a variety of factors that could complicate these rules.
Many people exposed to asbestos do not know they have been diagnosed with a disease until decades after their initial exposure. This is due the latency period for mesothelioma, and other asbestos-related diseases. Due to the latency period it is crucial for mesothelioma patients and their families to make a claim as soon as possible.
The statute of limitations is different according to state, but the majority start from the date of diagnosis. Some states have different statutes of limitations for personal injury and wrongful death claims. In general, wrongful death statutes of limitation are shorter than personal injury ones.
Asbestos patients and their families should hire mesothelioma lawyers immediately. The lawyer will be able to review the various options for compensation and provide guidance on where, how and when to file. A knowledgeable mesothelioma lawyer can help when the statute of limitation has already expired.
Mesothelioma lawyers may suggest alternatives for obtaining compensation even in the event that the statute of limitations has passed, such as trust fund claims or other sources of financial assistance. They may also be able to file the claim in a different state where the statute of limitations hasn't yet expired.
If the victim has not been diagnosed with mesothelioma or other cancers, the statute of limitations starts when they are diagnosed with a congenital condition, such as asbestosis or lung cancer. Certain states have "discovery" statutes, which have the same effect as a standard statute of limitations but start with the date of diagnosis instead of the original exposure.
Mesothelioma attorneys must always discuss the statute of limitations with clients and their loved ones. A knowledgeable mesothelioma lawyer will provide state-specific laws and specific situations where the statute of limitations can be extended or suspended.
Employ a lawyer
Asbestos lawyers are able to navigate the maze of asbestos litigation. They work with other attorneys to ensure that your case receives the most favorable outcome.
Asbestos claims are distinct from other personal injury claims. The exposure to asbestos took place decades ago, and many of the companies affected have been closed or have filed for bankruptcy. Often, the workers who were exposed do not even remember where they worked, and it's difficult for them to identify the locations where they may have been exposed. An experienced attorney can help you with this as he/she can use the resources available to for determining which companies were affected and when they worked at the place.
Once the asbestos attorney has a better understanding of where the person was exposed and what they did in the area and what they did, he or she will then call in medical experts to examine the evidence and write reports about how the exposure to asbestos caused mesothelioma. It is crucial that the asbestos lawyer can determine the causation aspect of the case as without it, the victim might not be able to claim compensation.
A mesothelioma lawyer can be able to gather 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, testimony from other victims and more. A mesothelioma lawyer must also be aware of the different types of financial aid available to victims and family members. This includes health insurance, disability insurance, and Social Security benefits.
Anyone diagnosed with mesothelioma, or any other asbestos-related disease, should hire an asbestos lawyer. A lawyer can be in a position to assist patients decide which claim is best for them and help them file the appropriate documents. A mesothelioma lawyer who is experienced can assist people suffering from other asbestos-related illnesses to file claims for compensation, such as trust fund and VA claims.