How to File an Asbestos Claim

An asbestos claim is a legal action brought against companies that exposed someone to asbestos. The statute of limitations is a time period within which lawsuits must be filed.

Asbestos lawsuits can be filed by living victims or their families. When a plaintiff passes away, their estate representative may continue the case despite the wrongful death.

Work History

Asbestos victims must provide their lawyer with documents that clearly indicate the date they were exposed to asbestos, what their job entailed and the length of time. This will enable the lawyer to establish a direct connection between asbestos exposure and the victim’s illness. A lawsuit that involves asbestos may not be successful if evidence is not there.

Asbestos is most likely to be discovered in industrial settings. However, asbestos exposure could occur in schools, churches or military bases, hospitals and private homes. Asbestos can be found in shingles, pipes, insulation, and fireproofing materials. Asbestos fibers can cause respiratory issues and diseases such as mesothelioma among those who are exposed to this material.

Many companies that produced asbestos were aware of the dangers however, they chose to keep it quiet. This was a decision made in order to increase profits and protect the industry. The companies didn't begin to compensate those who developed mesothelioma or other ailments because of asbestos exposure until the first lawsuits were filed.

A lawsuit against a business which manufactures asbestos is a difficult task. It can be difficult to identify the responsible parties since asbestos attorneys is no longer in use. There are a number of laws that can help victims identify the companies responsible for their asbestos 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.

Trust funds for asbestos are typically accountable for the payment of asbestos victims. These funds are set up to help victims receive compensation if the companies responsible for their exposure have gone under. An experienced attorney who is skilled in asbestos litigation is able to negotiate these funds to ensure the maximum compensation.

Families of those who died from mesothelioma or another asbestos-related disease, can make wrongful death claims. This type of claim seeks compensation for the unreimbursed funeral expenses, medical costs and loss of income for the deceased. These lawsuits also seek to hold asbestos companies responsible for their negligence.

Testimonials

If you've been diagnosed with mesothelioma or another asbestos-related illness, you may bring a lawsuit against the companies that put you in danger. Your legal team will collect evidence to prove the companies that caused harm to you, which includes medical evidence of your diagnosis and asbestos product identification. Because it is commonplace for plaintiffs have been exposed to various asbestos attorneys-related products throughout their careers, many lawsuits have multiple defendants.

A lawyer that specializes in mesothelioma cases will be able to locate the right defendants in your case even if they've gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have worked on asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has been involved in hundreds of mesothelioma cases and helped to settle more than $2 billion of asbestos litigation.

In the past lawyers who were specialized in asbestos attorney litigation would approach clients and then "bundle" them together into groups to file lawsuits in bulk. The aim was to overload the judicial system and enrich lawyers. This unbalanced approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. This has also drained funds that could have been made accessible to people who develop more serious illnesses in the future.

The current compensation systems in place require that attorneys classify claims based on diagnosis. This has led to an increase in mesothelioma cases being filed. These changes, along with the fact that some states have enacted reforms in tort law, which have led to in a stricter medical criterion as well as an inactive docket have contributed to a reduction in the number of new claims filed between 2004 to 2006.

You can also bring wrongful death lawsuits on behalf family members of a loved one who died who died due to asbestos exposure. New York state laws allow families to file a legal claim within three years from the time they were aware (or should have been aware) 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 limitations is a law that imposes an expiration date for filing a legal claim. The deadlines for filing a claim vary from state to state. They are often based on the date of the person's exposure to asbestos or when they were diagnosed with an asbestos-related disease. There are several factors which can complicate the rules.

Many people who have been exposed to asbestos are not aware of the existence of a condition for a long time following the initial exposure. This is due to the mesothelioma latency period and other asbestos-related illnesses. Due to the latency period it is crucial for mesothelioma victims and their families to file a lawsuit as soon as they can.

The statute of limitations varies by state, but most start with the date of diagnosis. Some states have different statutes for wrongful-death cases and personal injury claims. In general, wrongful death statutes of limitations are shorter than personal injury ones.

Asbestos patients and their families should consult an attorney for mesothelioma as soon as possible. The lawyer will be able to review all potential sources of compensation and give suggestions on where, how and when to file. A mesothelioma lawyer could also help if the statute of limitations has expired.

Lawyers for mesothelioma have the ability to offer options for obtaining compensation even if the statute of limitations has run out. These include trust fund claims as well as other sources of financial aid. They may also be able to file the claim in a different state where the statute of limitations has not yet expired.

If the victim is not diagnosed with mesothelioma the statute of limitations begins when they are diagnosed as having another related illness, like lung cancer or asbestosis. Some states have "discovery statutes" that apply the same as the traditional statutes of limitations but begin at the time of diagnosis, not the date of exposure.

Mesothelioma attorneys must always discuss limitations statutes with their clients and their loved ones. A mesothelioma lawyer can explain the state law and also the situations where a statute of limitation may be tolled or suspend.

Hire a lawyer

Asbestos lawyers know how to navigate the complexities of 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 asbestos exposure was years ago, and a lot of those companies have been shut down or filed for bankruptcy. The majority of the workers who were exposed don't even remember where they worked and it is hard to pinpoint the locations in which they could have been exposed. This is where an experienced attorney is crucial since they will be able to use the resources available to him or his disposal to determine the names of the companies that were harmed and the dates they worked at.

Once the asbestos attorney has a better understanding of where the person was exposed and what they did, he or she will then call in medical experts to examine the evidence and prepare reports on how exposure to asbestos caused mesothelioma. It is crucial that the asbestos lawyer can establish the causation component of the case since without it, the victim might not be eligible for compensation.

A mesothelioma lawyer will also be able gather the information needed to make a claim against asbestos and trust fund claims for the victim. This includes obtaining information about the victim's work, asbestos-related injuries and medical records. It also includes testimony from other victims. A mesothelioma lawyer must be familiar with the various types of financial assistance that is available to victims and their families. This includes health insurance benefits as well as disability insurance. Social Security benefits.

Anyone diagnosed with mesothelioma, or any other asbestos-related disease, should hire an asbestos lawyer. A lawyer can be able to help individuals determine which type of claim is the best for them and then help them complete the appropriate documents. An attorney for mesothelioma can help those with other asbestos-related illnesses file for compensation. This includes trust funds and VA claims.