How to File an Asbestos Claim
An asbestos claim is a legal action against businesses that exposed a person to asbestos. The statute of limitations is a time limit within which lawsuits have to be filed.
Asbestos lawsuits can be filed by victims who are living or their families. If a plaintiff dies, their estate representative may continue the case under wrongful death.
Work History
Asbestos victims must give their lawyer documents that clearly state the date they were exposed to asbestos, what their job was and the length of time. This information will allow the lawyer to establish a direct link between the exposure and the patient's condition. A lawsuit that involves asbestos may not be successful if evidence is not there.
Workers in an industrial environment are most likely to be exposed to asbestos. This exposure can also occur in schools and churches and hospitals, as well as bases of military, as well as private residences. Asbestos can be found in pipes, shingles insulation, fireproofing materials. People who are exposed to these materials may inhale asbestos fibers and develop respiratory issues and diseases like mesothelioma.
Many of the companies that manufactured asbestos knew of its dangers, but chose to keep this information from the public. This was a choice made in order to increase profits and safeguard the industry. It was not until the first asbestos lawsuits (stay with me) were filed that these companies began to pay compensation to those who developed mesothelioma and other ailments due to exposure.
A lawsuit against a business which manufactures asbestos lawyers can be a complicated process. Because asbestos is no longer in use, it can be difficult to determine the parties responsible. However, there are many laws that assist victims in identifying the companies that are responsible for their exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) as well as the Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.
Asbestos victims are typically compensated by asbestos trust funds. These funds are created to assist victims of asbestos exposure receive compensation if the companies responsible for their exposure have gone bankrupt. In these instances an experienced lawyer who specializes in asbestos litigation will be able to negotiate with these funds to get you the most amount of compensation you can get.
Families of those who have died from mesothelioma or another asbestos-related disease, can make wrongful death claims. This type of claim seeks compensation for the unreimbursed medical bills, funeral costs and loss of income. These lawsuits are also designed to hold asbestos companies responsible for their wrongful conduct.
Testimonials
You can sue companies that put you at risk, if you're diagnosed with mesothelioma, or any other asbestos-related illness. Your legal team will collect evidence to prove the companies that caused harm to you, which includes medical proof of your diagnosis as well as the identification of the asbestos product. As it is common that plaintiffs have been exposed different asbestos products throughout their careers, many lawsuits contain multiple defendants.
A lawyer that specializes in mesothelioma cases will to identify the right defendants in your case, even if they have been bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma lawsuits and has helped resolve asbestos litigation worth more than $2 billion.
Law firms that specialized asbestos litigation would "bundle" clients together to file lawsuits in mass. The idea was to overburden judicial systems and enrich lawyers. This biased approach to litigation has hurt plaintiffs according to the U.S. Department of Justice. The result is that funds are being drained that could have been made available for individuals who will develop more serious illnesses in the future.
The current compensation systems in place require that attorneys classify claims based on diagnosis. This has resulted in the reduction of mesothelioma claims being filed. These changes, along with the fact that some states have passed reforms to tort law that have resulted in a stricter medical criterion as well as an inactive docket, have led to a decrease in number of new claims that were filed from 2004 to.
In addition to mesothelioma cases, you can file wrongful death claims for family members who have lost a loved one due to asbestos exposure. New York state laws allow families to take legal action within three years from the time they knew (or should have had the knowledge) of the injury. Other states have different statutes of limitation. New Jersey and Pennsylvania require legal action within two-years.
Statute of Limitations
A statute of limitation is a law which sets an expiration date to file a claim. These deadlines differ by state. They are often determined by the date of the person's exposure to asbestos or when they were diagnosed with an asbestos-related illness. However, there are several factors that can complicate these rules.
Many people exposed to asbestos do not know they have been diagnosed with a disease until years after their initial exposure. This is due to the mesothelioma's latency time, and other asbestos-related illnesses. It is essential that mesothelioma patients as well as their families file a lawsuit right away due to the latency period.
The time limit for a statute of limitations differs according to state, but the majority start with 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 shorter than personal injury ones.
Asbestos patients and their families must hire a mesothelioma attorney immediately. The lawyer can review all of the potential sources of compensation for clients and advise on when, where and the best way to file. A mesothelioma lawyer may assist in cases where the statute has expired.
Lawyers for mesothelioma can offer options for obtaining compensation even if the statute has run out. This includes trust fund claims as well as other sources of financial assistance. They might also be capable of filing the claim in a different jurisdiction where the statute of limitations has not yet expired.
If the victim is not diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed with an associated condition, like lung cancer or asbestosis. Certain states have "discovery statutes" that apply the same as the statutes of limitations that are used in traditional cases but begin with the date of diagnosis, not exposure.
Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and family members. A knowledgeable mesothelioma lawyer will provide state-specific laws, as well as specific circumstances where the statute of limitations can be tolled or suspended.
Employ a lawyer
Asbestos lawyers know how to navigate the complexities of asbestos litigation. They will collaborate with other lawyers to ensure that your case receives the best possible outcome.
Asbestos lawsuits differ from other personal injury cases. The reason for this is that asbestos exposure happened years ago, and a lot of the companies that were exposed have either declared bankruptcy or have gone out of business. Many workers who were exposed to asbestos can't remember where they worked and it may be difficult to identify the locations they may have worked in. This is why a seasoned attorney is crucial since he or she can make use of the resources available to him or her disposal to find out the names of the companies that were harmed and the dates that they worked at.
When the asbestos attorney has a clear idea of where and how the victim was exposed to asbestos, he is able to engage medical experts to examine and write reports on the causes of mesothelioma. It is crucial that the asbestos lawyer can establish the causation element of the case since without it, the victim might not be able to claim compensation.
A mesothelioma lawyer will also be able to collect the necessary information that is required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's job, asbestos-related injuries medical records, testimonials from other victims and much more. A mesothelioma attorney should also be knowledgeable about the various types of financial aid that are available to victims and their family members. This includes health insurance, disability insurance and Social Security benefits.
Anyone who is diagnosed with mesothelioma or any other asbestos-related condition should consult an asbestos lawyer. An attorney can help decide on the kind of claim they need to submit and assist in filling out the forms. An attorney for mesothelioma can assist those suffering from other asbestos-related diseases to file for compensation. This includes trust funds and VA claims.