How to File an Asbestos Claim

An asbestos claim is a legal proceeding against companies that exposed someone to asbestos. The lawsuit must be filed within a specified time period called the statute of limitations.

Asbestos lawsuits can be filed by the living victims or their families. If a plaintiff dies the estate representative of their estate may continue the case under wrongful death.

Work History

Asbestos-related victims must give their lawyer documents that clearly state when they were exposed to asbestos, the nature of their work and the time for exposure. This information will allow the lawyer to establish a direct connection between exposure to asbestos and the victim's illness. Without the right evidence an asbestos lawsuit might not be able to move forward.

Asbestos is most likely to be discovered in industrial environments. However, this exposure also is common in schools, churches, hospitals, military bases and in private homes. Asbestos is found in fireproofing and insulation materials pipes, shingles and pipes. Asbestos fibers can cause respiratory problems and other diseases like mesothelioma for those who are exposed to the material.

Many of the companies that produced asbestos were aware of the dangers but chose to keep the information secret. This was a choice made to boost profits and safeguard the industry. It wasn't until the first asbestos lawyers lawsuits were filed that the companies began to compensate people who contracted mesothelioma or other ailments caused by exposure.

A lawsuit against an asbestos firm is a complicated process. Because asbestos is no longer in use it can be difficult to identify the responsible parties. However, there are many laws that assist victims in identifying the companies responsible for their exposure. These include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund as well as the Safe Drinking Water Act and the Resource Conservation and Recovery Act.

Trust funds for asbestos are typically responsible for paying compensation to asbestos victims. These funds are established to help injured victims get compensation if the businesses responsible for their exposure have gone under. In these instances, an experienced attorney specializing in asbestos litigation will know how to negotiate with these funds and ensure you receive the highest amount of amount of compensation you can get.

These cases are filed by family members of those who have died due to mesothelioma or another asbestos-related disease. This type of claim seeks compensation for the unreimbursed funeral costs, medical expenses and loss of income for the deceased. These lawsuits are also designed to hold the responsible asbestos companies accountable for their negligence.

Testimonials

You can sue companies who put you at risk, if you're diagnosed with mesothelioma or another asbestos-related disease. Your legal team will collect evidence to prove that the businesses harmed you. This includes medical evidence of your diagnosis and asbestos product identification. Because it is commonplace for plaintiffs have had exposure to different asbestos products throughout their career Many lawsuits have multiple defendants.

A lawyer who specializes on mesothelioma cases will find the right defendants in your case, even if they have gone bankrupt. Young Conaway Stargatt & Taylor has 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. He has also helped resolve over $2 billion in asbestos litigation.

In the past lawyers who specialized in asbestos litigation would seek clients and then "bundle" them together into groups to file lawsuits in large quantities. The idea was to overburden the judicial system and enrich lawyers. According to the U.S. Department of Justice this biased approach to litigation has hurt plaintiffs. It also has drained funds which could have been provided to individuals who are expected to develop more serious illnesses in the future.

The current compensation system requires attorneys group claims according to the diagnosis. This has led to an increase in mesothelioma claims being filed. These changes, in addition to the fact that some states have implemented reforms to tort law, which have led to 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 claims, you can file wrongful death claims for family members who have lost loved ones because of asbestos exposure. New York state laws allow families to file a legal claim within three years from the time they became aware (or should have known) of the injury. In other states the statutes of limitations are different and include New Jersey and Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitations is a law that sets the deadline for filing a claim. The deadlines vary according to the state. These deadlines are usually based on when the victim was exposed to asbestos or diagnosed with an asbestos-related disease. There are many factors that can complicate the rules.

Many asbestos-related exposure victims do not know they have been diagnosed with a condition until decades after their initial exposure. This is due to the time frame of mesothelioma's latency and other asbestos-related diseases. Because of the latency period it is essential for mesothelioma victims and their families to start a lawsuit as soon as possible.

The statute of limitations is different according to state, but the majority begin from the date of diagnosis. Some states have different statutes of limitations for personal injury cases and wrongful-death claims. In general, the statutes of limitation are shorter than those for personal injury claims.

Asbestos victims and their families should think about hiring mesothelioma attorneys as early as possible. The lawyer can review all the possible sources of compensation for clients and offer advice on the best time, place and how to file. Additionally, an experienced mesothelioma lawyer can help if the statute of limitations has already expired.

Lawyers for mesothelioma can offer options for obtaining compensation, even if the statute has expired. This includes trust fund claims and other sources of financial assistance. They may be able file the claim in a jurisdiction where the statute has not expired.

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

Mesothelioma attorneys must always discuss statutes of limitations with their clients and loved relatives. A knowledgeable mesothelioma lawyer will explain the laws of the state and specific situations where a statute of limitations may be tolled or suspended.

Hire a lawyer

Asbestos lawyers are able to navigate the complex asbestos litigation. They will collaborate with other lawyers to ensure your case has the highest chance of success.

Asbestos cases are different from other personal injury cases. The exposure to asbestos took place years ago, and a lot of the companies affected have been closed or have filed for bankruptcy. Many of the workers who were exposed to asbestos can't remember the places they worked in and it may be difficult for them to pinpoint the locations they may have worked in. This is why an experienced attorney is critical because they will be able to use the resources available to him or her disposal to find out the name of the companies that were harmed and the dates that they worked at.

Once the asbestos attorney has a clear idea of the location and how the victim was exposed to asbestos, he will be able to have medical experts review and write reports regarding the cause of mesothelioma. It is essential that the asbestos attorneys attorney can determine the causation aspect of the case because without it, the victim might not be eligible for compensation.

A mesothelioma lawyer will be able gather the information needed to file a lawsuit against asbestos as well as a trust fund claim for the victim. This includes gathering information on the victim's employment and asbestos-related injuries, medical records, testimonies from other victims and more. A mesothelioma lawyer should be acquainted with the various kinds of financial assistance available to patients and their families. This includes disability insurance, health insurance insurance, and Social Security benefits.

Employing an expert asbestos lawyer is essential for anyone diagnosed with a mesothelioma or other asbestos-related illness. A lawyer can be able to help individuals determine which type of claim is best for them and help them file the appropriate paperwork. A mesothelioma lawyer can assist people suffering from other asbestos attorneys-related diseases to file for compensation. This includes trust funds and VA claims.