How to File an Asbestos Claim
A legal action is taken against companies who exposed a person or company to asbestos. The statute of limitations is a period within which lawsuits must be filed.
Asbestos lawsuits can be filed by victims who are alive or their families. When a plaintiff dies, their estate representative may continue the case despite the doctrine of wrongful death.
Work History
Asbestos sufferers must give their lawyer documents that clearly indicate the date of their exposure to asbestos, the nature of their job was and the length of time. This information will allow the lawyer to establish a direct connection between asbestos exposure and the victim's disease. Without the right evidence, an asbestos lawsuit may not be able to proceed.
Asbestos is more likely to be discovered in industrial environments. However, asbestos exposure can occur in schools, churches, military bases, hospitals and in private homes. Asbestos can be found in shingles, pipes insulation, fireproofing, and insulation materials. Asbestos fibers can cause respiratory problems and diseases such as mesothelioma for those who are exposed to this material.
Many of the companies that produced asbestos knew of its dangers but chose to keep this information from the public. This was done in order to ensure the safety of the industry and to increase profits. The companies did not begin to pay compensation to those who contracted mesothelioma and other diseases due to asbestos exposure until the first lawsuits were filed.
A lawsuit against an asbestos-related firm is a complicated process. Because asbestos is no longer in use it can be a challenge to determine the parties responsible. There are a variety of laws that can help victims find the companies responsible for their exposure to asbestos. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund, the Safe Drinking Water Act and the Resource Conservation and Recovery Act.
Trust funds for asbestos are typically accountable for the payment of asbestos victims. These funds are set up to help victims get compensation if the businesses responsible for their exposure have gone bankrupt. In these instances, an experienced attorney specializing in asbestos litigation will know how to bargain with these funds and get you the maximum amount of compensation you can get.
Families of those who died from mesothelioma or another asbestos attorney-related disease, can make wrongful death claims. This type of claim seeks compensation for the unreimbursed funeral expenses, medical costs and loss of income of the deceased. These lawsuits also seek to hold the responsible 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 companies who caused you harm, such as medical proof of diagnosis as well as the identification of the asbestos product. A lot of lawsuits involve dozens of defendants, as it's common for plaintiffs to be exposed to different asbestos-related products over the course of their professional careers.
A lawyer who is specialized in mesothelioma cases will be able to locate the right defendants for your case, even if they have gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been working on asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases and helped to settle more than $2 billion worth of asbestos litigation.
Law firms that specialized in asbestos litigation would "bundle" clients together to file lawsuits in bulk. The aim was to overload the judicial system and make lawyers richer. According to the U.S. Department of Justice this skewed approach to litigation has been detrimental to plaintiffs. It also has sucked up funds that would have been available for individuals who will develop more serious illnesses in the near future.
The current compensation systems require attorneys to group claims based on diagnosis. This has resulted in an increase in the number of mesothelioma lawsuits. In addition, some states have enacted tort reforms that have resulted in more stringent medical criteria and an inactive docket, these changes have contributed to a decrease in new claims being filed from 2004 to 2006.
You can also file wrongful death lawsuits for relatives of a deceased loved one who died from asbestos exposure. New York law allows families to start a lawsuit within three years of the time they were aware (or were aware) of an injury. In other states the statutes of limitations differ, with New Jersey and Pennsylvania requiring legal action within two years.
Statute of limitations
A statute of limitation is a law that establishes a deadline for filing a claim. These deadlines vary by state. They are often determined by the date of the victim's asbestos exposure or when they were diagnosed with an asbestos-related illness. There are many factors that can complicate the rules.
Many people exposed to asbestos do not realize they have been diagnosed with a condition until decades after their first exposure. This is due the latency period for mesothelioma, and other asbestos-related illnesses. Because of the latency period it is crucial for mesothelioma patients and their families to start a lawsuit immediately if they are able to.
The statute of limitations varies according to state, but the majority begin from the date of diagnosis. Certain states have different statutes of limitations for personal injury cases and wrongful-death claims. In general, the statutes of limitations are less than personal injury ones.
Asbestos patients and their families should consult a mesothelioma attorney as soon as possible. The lawyer will be able to review the various options for compensation and provide advice on the best way, where and when to file. Additionally, an experienced mesothelioma lawyer can assist when the statute of limitation has already expired.
Lawyers for mesothelioma have the ability to offer options for obtaining compensation even if the statute has run out. These include trust fund claims as well as other sources of financial assistance. They might also be able to file the claim in a different jurisdiction where the statute of limitations has not yet expired.
If the person hasn't been diagnosed with mesothelioma or other cancers, the statute of limitations starts when they are diagnosed with a related condition, such as asbestosis or lung cancer. Certain states have "discovery" statutes, which have the same effect as a traditional statute of limitations, but begin at the time of the diagnosis instead of the first exposure.
Mesothelioma lawyers should always discuss limitations statutes with their clients and loved family members. A knowledgeable mesothelioma lawyer will provide state-specific laws and specific situations in which the statute of limitations can be tolled or suspended.
Hire a lawyer
Asbestos lawyers are able to navigate through the complex asbestos litigation. They will collaborate with other lawyers to ensure that your case gets the best possible result.
Asbestos claims are different from other personal injury cases. The reason for this is that asbestos exposure happened years ago, and a lot of the companies exposed have either declared bankruptcy or gone out of business. Many workers who were exposed to asbestos do not remember where they worked and it may be difficult for them identify the exact locations they could have worked in. This is why a seasoned attorney is critical because he or she will be able to use the resources available to him or his disposal to determine the names of the companies which were exposed as well as the dates when they worked at.
Once the asbestos attorney (read this blog post from Writeablog) has an understanding of the place the individual was exposed to asbestos and what they did there the lawyer can then engage medical experts to examine the evidence and prepare reports on how exposure to asbestos caused the mesothelioma. It is important that the asbestos lawyer can establish the causation part of the case, because without it, the victim might not qualify for compensation.
A mesothelioma lawyer will be able to collect the information required to file a lawsuit against asbestos as well as trust fund claims for the victim. This includes gathering information on the victim's work, asbestos-related injuries medical records, testimony from other victims and more. A mesothelioma attorney should also be knowledgeable about the various types of financial aid available to patients and their family members. This includes benefits from health insurance as well as disability insurance and Social Security benefits.
Anyone diagnosed with mesothelioma or any other asbestos-related condition, should hire an asbestos lawyer. A lawyer can assist patients decide on the kind of claim they need to submit and assist in filling the necessary paperwork. An attorney for mesothelioma can assist those suffering from other asbestos-related diseases to file for compensation. This includes trust funds and VA claims.