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How to File an Asbestos Claim

An asbestos claim is a legal action brought against businesses that exposed a person to asbestos. The lawsuit must be filed within a specific time frame called the statute of limitations.

Asbestos lawsuits can be brought by victims who are living or their families. When a plaintiff passes away, their estate representative may continue the case under the doctrine of wrongful death.

Work History

Asbestos victims must submit to their lawyer documents that clearly indicate the date they were exposed to asbestos, the nature of their job was and for how long. This information will assist the lawyer establish a direct connection between exposure to asbestos and the illness of the victim. A lawsuit involving asbestos could not be successful if evidence is not there.

People who work in an industrial setting are more likely to be exposed to asbestos. However, asbestos exposure is common in churches, schools, hospitals, military bases and private homes. asbestos lawsuits is found in shingles, pipes, insulation, and fireproofing materials. Asbestos fibers can cause respiratory issues and other diseases like mesothelioma for those who are exposed to the material.

Many companies that made asbestos were aware of its dangers, but chose to keep it quiet. This was a choice made to boost profits and protect the industry. These companies did not begin to pay compensation to those who contracted mesothelioma and other diseases due to asbestos exposure until the first lawsuits were filed.

A lawsuit against a company that manufactures asbestos is a complicated task. Because asbestos is no longer in use, it can be difficult to determine the parties responsible. There are however many laws that help victims find 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 receive compensation when the companies responsible for their exposure have gone under. In these cases an experienced attorney who specializes in asbestos litigation will know how to bargain with these funds and ensure you receive the highest amount of amount of compensation that is possible.

These cases are filed by family members of people who have passed away due to mesothelioma or an asbestos-related disease. This type of claim seeks to recover the unpaid funeral expenses, medical costs and loss of income for the deceased. These lawsuits are also designed to hold the responsible asbestos companies accountable for their negligence.

Testimonials

If you've been diagnosed with mesothelioma or an asbestos-related illness, you can file a lawsuit against the companies who put you in danger. Your legal team will collect evidence to prove the companies that harmed you, including medical proof of diagnosis as well as the identification of the asbestos product. Because it is commonplace for plaintiffs have been exposed to various asbestos-related products throughout their career, many lawsuits involve multiple defendants.

A lawyer who is specialized in mesothelioma cases will find 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 settle more than $2 billion in asbestos litigation.

Law firms that specialized in asbestos litigation would "bundle" clients to file lawsuits in bulk. The goal was to overwhelm the judicial system and to increase the wealth of lawyers. According to the U.S. Department of Justice, this skewed litigation approach has been detrimental to plaintiffs. This has also drained funds that would have been available to those who develop more serious illnesses in the future.

The current compensation system requires that attorneys group claims based on diagnosis. This has led to an increase in the number of mesothelioma lawsuits. This is in addition to the fact that certain states have passed tort reforms which have resulted in more stringent medical criteria and an inactive docket, these changes have contributed to a decrease in new claims being filed between 2004 and the year 2006.

In addition to mesothelioma lawsuits, you can claim wrongful death compensation for family members who lost loved ones because of asbestos exposure. New York law allows families to bring a lawsuit within three years from the date they learned (or should have been aware) of the injury. In other states the statutes of limitations differ and include New Jersey and Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitations is a law which sets a deadline for filing an claim. The deadlines for filing a claim vary from state to state. These deadlines are usually determined by the time that the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. However, there are a variety of factors that could complicate these rules.

Many asbestos-related exposure victims don't realize they've been diagnosed with a condition until decades after their initial exposure. This is due the mesothelioma latency period and other asbestos-related diseases. Because of the latency period it is crucial for mesothelioma patients and their families to make a claim 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 for personal injury and wrongful death claims. In general, the statutes of limitation are shorter than personal injury ones.

Asbestos victims and their families should think about hiring mesothelioma lawyers as soon as is possible. The lawyer will go over all possible sources of compensation for clients and offer advice on when, where and the best way to file. A mesothelioma lawyer may assist if the statute of limitations has expired.

Lawyers for mesothelioma may suggest ways to get compensation, even if the statute has expired. These include trust fund claims and other sources of financial assistance. They might be able to file the claim in a jurisdiction where the statute of limitations hasn't expired.

If the person hasn't been diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed with a related illness, such as asbestosis or lung cancer. Certain states have "discovery" statutes, which apply the same as a standard statute of limitations, but begin at the time of the diagnosis instead of the original exposure.

Mesothelioma attorneys should always discuss the statute of limitations with clients and their loved relatives. An attorney for mesothelioma can explain the law of the state, as well as situations in which the statute of limitations can be tolled or suspended.

Hire a lawyer

Asbestos attorneys know how to navigate the complicated asbestos litigation. They work with other lawyers to ensure that your case is given the best possible outcome.

Asbestos claims differ from other personal injury cases. The asbestos lawsuits exposure was several decades ago, and a large number of those companies have been closed or declared bankruptcy. Many of the workers who were exposed to asbestos can't remember where they worked and it may be difficult for them identify the locations they may have worked in. An experienced attorney can assist you with this because he/she will be able to use the resources available to him/her for determining which companies were exposed and when they worked for them.

Once the asbestos attorney has a better understanding of where the individual was exposed and what they did there and what they did, he or she can then engage medical experts to look over the evidence and create reports about how the exposure to asbestos caused the mesothelioma. It is vital that the asbestos lawyer is able to establish the causation component of the case because without it, the victim might not be able to claim compensation.

A mesothelioma lawyer will be able to gather the data required to bring a lawsuit against asbestos and an appeal to a trust fund for the victim. This includes gathering information about the victim's occupation or work-related asbestos-related injuries as well as medical records. Additionally, they can gather testimony from other victims. Additionally, a mesothelioma lawyer should be familiar with the various kinds of financial assistance that is available to victims and their families. This includes disability insurance, health insurance insurance, and Social Security benefits.

Anyone who is diagnosed with mesothelioma or any other asbestos-related condition, should hire an asbestos lawyer. A lawyer will be able to help individuals decide which claim is the best for them and then help them file the appropriate documents. An experienced mesothelioma lawyer can also help people with other asbestos-related illnesses to file claims for compensation, which includes trust fund and VA claims.