How to File an Asbestos Claim

A legal action is initiated against companies that exposed a person to asbestos. The statute of limitations is a time period within which lawsuits must be filed.

Asbestos lawsuits can be filed by victims who are still alive or their families. When a plaintiff dies the estate representative of their deceased victim can pursue the case as a wrongful death lawsuit.

Work History

Asbestos-related victims have to give their lawyer's documents that clearly specify the date they were exposed to asbestos, their job description and the time for exposure. This information will allow the lawyer to establish a direct connection between asbestos exposure and [empty] the victim's disease. Without the proper evidence, an asbestos lawsuit may not be able to progress.

Asbestos is more likely to be discovered in industrial environments. However, this exposure also is common in churches, schools or military bases, hospitals and private residences. Asbestos is present in shingles, pipes insulation, fireproofing, and insulation materials. People who are exposed to these materials could inhale asbestos fibers and suffer respiratory problems and diseases like mesothelioma.

Many of the companies that manufactured asbestos were aware of the dangers, but decided to keep this information quiet. This was a decision taken to boost profits and protect the industry. It wasn't until the first asbestos lawsuits were filed that these companies began to compensate people who contracted mesothelioma or other diseases due to exposure to asbestos.

A lawsuit against a business that produces asbestos is a difficult task. It is difficult to determine the responsible parties since asbestos is no longer in use. There are however many laws that assist victims in identifying the companies responsible for their exposure. 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 typically compensated by asbestos trust funds. These funds are created to assist victims of asbestos exposure get compensation if the businesses responsible for their exposure have gone into bankruptcy. An experienced attorney who specializes in asbestos litigation is able to negotiate these funds and get the most compensation.

These cases are filed by family members of people who have passed away from mesothelioma, or another asbestos-related disease. This type of lawsuit seeks damages for the deceased person's unreimbursed funeral expenses, medical bills and loss of income. These lawsuits also seek to hold asbestos companies responsible for their wrongful conduct.

Testimonials

You can sue the companies who put you at risk if you are diagnosed with mesothelioma or another asbestos-related condition. Your legal team will gather evidence to prove that the businesses harmed you. This includes medical evidence of your diagnosis and asbestos product identification. Many lawsuits involve dozens or more defendants, since it is common for [Redirect-302] plaintiffs to have been exposed to a variety of asbestos products during their careers.

A lawyer with a specialization in mesothelioma lawsuits can help you find the right defendants for your case, even if these companies have been declared 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 cases and helped resolve asbestos litigation worth over $2 billion.

Law firms that specialized in asbestos litigation would "bundle" clients to file lawsuits on a mass basis. The idea was to overburden the judiciary and enrich lawyers. According to the U.S. Department of Justice this skewed approach to litigation has harmed plaintiffs. It also has drained funds that could have been made available to those who are likely to develop more serious diseases in the near future.

The current compensation system demands that attorneys group claims according to the diagnosis. This has resulted in an increase in mesothelioma claims being filed. This is in addition to the fact that certain states have implemented tort reforms which have resulted in stricter medical requirements and an inactive docket these changes have led to the decrease in new claim filings between 2004 and the year 2006.

In addition to mesothelioma lawsuits, you can file wrongful death claims for family members who lost a loved one due to asbestos exposure. New York state laws allow families to file a legal claim for asbestos within three years from the time they were aware (or should have known) of the injury. In other states the statutes of limitation 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 establishes the deadline for filing an action in court. 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. There are several factors which could make it difficult to determine the correct rules.

Many people who have been exposed to asbestos are unaware of the existence of a condition for decades after the initial exposure. This is due to the latency period of mesothelioma and other asbestos-related diseases. It is crucial that mesothelioma patients as well as their families file a lawsuit as soon as possible due to the latency period.

The statute of limitations differs from state to state, but generally begins with the date of diagnosis. There are also states that have different statutes of limitation for wrongful death cases as opposed to personal injury claims. In general, wrongful death statutes of limitations are less than personal injury ones.

Asbestos victims and their families should consider hiring a mesothelioma lawyer as early as possible. The lawyer will be able to review all possible sources of compensation and offer suggestions on how long does an asbestos claim take, where and when to file. A knowledgeable mesothelioma attorney can help when the statute of limitation has already expired.

Lawyers for mesothelioma may 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 may be able file the claim in a jurisdiction where the statute has not expired.

If the victim has not been diagnosed with mesothelioma, their statute of limitations starts when they are diagnosed with a related illness like asbestosis or lung cancer. Certain states have "discovery" statutes that follow the same rules as a standard statute of limitations but start at the time of the diagnosis, not the initial exposure.

Mesothelioma attorneys must always discuss limitations statutes with their clients and loved family members. A mesothelioma lawyer who is knowledgeable can explain state laws, as well as specific situations where the statute of limitations could be suspended or tolled.

Hire a Lawyer

Asbestos lawyers are able to navigate the complexities of asbestos litigation. They work with other lawyers to ensure that your case gets the best possible outcome.

Asbestos lawsuits differ from other personal injury cases. The asbestos exposure took place years ago, and a lot of the companies affected have been closed or have filed for bankruptcy. The majority of the workers who were exposed to asbestos don't even remember where they worked and it's difficult for them to determine the places where they might have been exposed. A knowledgeable attorney can assist you in this regard as he or she will be able to use the resources available to to find out what companies were exposed and the time they worked at the place.

After the asbestos lawyer has a better understanding of where the individual was exposed to asbestos and what they did in the area, he or she can then get medical experts to review the evidence and prepare reports on how exposure to asbestos triggered mesothelioma. It is crucial that the asbestos lawyer can establish the causation element of the case as without it, the victim might not be eligible for compensation.

A mesothelioma lawyer will be able to gather the necessary information that is required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's employment and asbestos exposure claim-related injuries medical records, testimony from other victims, and more. In addition, a mesothelioma lawyer should be acquainted with the various kinds of financial aid that is available to victims and their families. This includes benefits from health insurance as well as disability insurance and Social Security benefits.

Anyone who is diagnosed with mesothelioma or any other asbestos-related illness is advised to consult an asbestos lawyer. A lawyer can be capable of helping patients determine which type of claim is the best for them and then help them complete the appropriate documents. A mesothelioma lawyer can assist those suffering from other asbestos-related illnesses file for compensation. This includes trust fund and VA claims.