How to File an Asbestos Claim

A legal action is taken against companies who exposed a person or a company to asbestos. The lawsuit must be filed within a specified time period known as the statute of limitations.

Asbestos lawsuits can be filed by living victims or their families. When a plaintiff dies and their estate representative is appointed, they can continue the case despite wrongful death.

Work History

Asbestos sufferers must give their lawyer documents that clearly indicate the date of their exposure to asbestos, their job was and for how long. This will enable the lawyer to establish a direct link between asbestos exposure and the victim's disease. Without the proper evidence, an asbestos lawsuit may not be able to proceed.

Asbestos is more likely to be found in industrial environments. The exposure can also be found in schools and churches and hospitals, as well as bases of military, and private homes. Asbestos is present in insulation, fireproofing materials pipes, shingles and pipes. People who are exposed to these materials could inhale asbestos fibers and suffer respiratory problems and illnesses such as mesothelioma.

Many of the companies who produced asbestos knew of its dangers, but chose to keep the information secret. This was done to ensure the safety of the industry and to increase profits. It wasn't until the first asbestos lawsuits were filed that the companies began to compensate those who contracted mesothelioma or other diseases due to exposure.

A lawsuit against a company that produces asbestos can be a complicated process. Since asbestos is no longer in use it can be a challenge to determine the parties responsible. There are many laws that can assist victims identify the companies responsible 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 funds are created to help injured victims get compensation when the companies that exposed them have gone into bankruptcy. In these cases an experienced attorney who specializes in asbestos litigation will be able to bargain with these funds and ensure you receive the highest amount of amount of compensation that is possible.

Families of those who died from mesothelioma or another asbestos-related disease, can bring wrongful death lawsuits. This type of claim seeks to recover the unpaid funeral costs, medical expenses and loss of income for the deceased. These lawsuits also seek 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 bring a lawsuit against the companies that put you in harm's way. Your legal team will gather proof to prove that the companies harmed you. This includes medical proof of your diagnosis and asbestos product identification. Because it is commonplace for plaintiffs have had exposure to various asbestos-related products throughout their lives, many lawsuits involve multiple defendants.

A lawyer who specializes on mesothelioma cases can to identify the right defendants for your case even if they've gone 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 mesothelioma lawsuits and helped resolve asbestos-related litigation that amounted to more than $2 billion.

In the past, law firms that were specialized in asbestos litigation would seek clients and then "bundle" them into groups to file lawsuits in large quantities. The goal was to overwhelm the judiciary and increase the wealth of lawyers. According to the U.S. Department of Justice this skewed approach to litigation has hurt plaintiffs. The result is that funds are being drained that would have been available to those who develop more serious illnesses in the near future.

The current compensation systems require attorneys to group claims based on diagnosis. This has resulted in a decreased number of mesothelioma claims being filed. These changes, as well as the fact that some states have passed reforms to tort law that have led to a stricter medical criterion and an inactive docket have led to a reduction in the number of new claims filed from 2004 to 2006.

In addition to mesothelioma claims, you can file wrongful death claims for family members who have lost loved ones due to asbestos exposure. New York state laws allow families to take legal action within three years from the time they were 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 an expiration date to file an claim. The deadlines vary according to the state. They usually are dependent on the date of the victim's asbestos exposure or when they were diagnosed with an asbestos-related illness. However, there are several aspects that can alter 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 latency period for mesothelioma, and other asbestos-related diseases. Due to the latency period it is crucial for mesothelioma sufferers and their families to make a claim as soon as possible.

The time limit for a statute of limitations differs by state, but most start from the date of diagnosis. There are some states that have different statutes of limitation for wrongful deaths versus personal injury claims. In general, wrongful death statutes of limitations are shorter than those for personal injury claims.

Asbestos patients and their families should hire mesothelioma lawyers as soon as they can. The lawyer will be able to evaluate all potential sources of compensation and offer guidance on the best way, where and when to file. A mesothelioma lawyer can assist in cases where the statute of limitations has expired.

Lawyers for mesothelioma have the ability to suggest options to obtain compensation even if the statute of limitations has expired. These include trust fund claims as well as other sources of financial assistance. They might be able to file the claim in a jurisdiction in which the statute of limitations has not expired.

If the patient 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 use the same rules as traditional statutes of limitations, but start with the date of diagnosis, not the date of exposure.

Mesothelioma lawyers must always discuss the statute of limitations with their clients and family members. A mesothelioma lawyer can explain the law of the state and also the situations in which the statute of limitations can be tolled or suspend.

Hire a Lawyer

Asbestos lawyers are able to navigate the complex asbestos litigation. They work with other lawyers to ensure your case has the best possible outcome.

Asbestos lawsuits differ from other personal injury cases. The main reason is that asbestos exposure happened decades ago and many of the companies that were exposed have either filed for bankruptcy or gone out of business. Many workers who were exposed to asbestos do not remember the places they worked in, and it can be difficult for them to pinpoint the locations they may have worked in. An experienced attorney can assist you in this regard as he or she can use the resources available to him/her to find out what companies were exposed and when they worked there.

When the asbestos attorney has a clear idea of where and how the victim was exposed to asbestos, he can have medical experts review and write reports regarding the cause of mesothelioma. It is important that the asbestos lawyer is able establish the causation part of the case, because without it, the victim may not qualify for compensation.

A mesothelioma lawyer can be able to gather 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 as well as asbestos-related injuries medical records, testimonials from other victims, and more. In addition, a mesothelioma lawyer should be familiar with the various types of financial assistance that is available to victims and their families. This includes disability insurance, health insurance insurance and Social Security benefits.

Engaging an expert asbestos lawyer is essential for anyone who has been diagnosed with a mesothelioma or other asbestos-related illness. A lawyer can assist patients determine the kind of claim they should submit and assist in filling out the forms. An attorney for mesothelioma can help those with other asbestos-related diseases to file for compensation. This includes trust funds and VA claims.