How to File an Asbestos Claim

A legal action is initiated against companies that exposed a person to asbestos. Lawsuits must be filed within a specific time period known as the statute of limitations.

Asbestos lawsuits may be filed by living victims or their families. When a plaintiff passes away the estate representative of their estate may continue the case in the event of the doctrine of wrongful death.

Work History

Asbestos-related victims need to provide their lawyer documents that clearly state the time they were exposed asbestos, what their job responsibilities are and how long. This will enable the lawyer to establish a direct link between asbestos attorneys exposure and the victim’s disease. Without the proper evidence that an asbestos lawsuit has, it may not be able to move forward.

Workers in a workplace are more likely to be exposed to asbestos. However, this exposure also could occur in churches, schools, hospitals, military bases and private residences. Asbestos is present in shingles, pipes, insulation, and fireproofing materials. People who are exposed these materials may inhale asbestos fibers and suffer respiratory problems and illnesses such as mesothelioma.

Many asbestos-producing companies were aware of its dangers, but chose to remain silent about the dangers. This was done to protect the industry and increase profits. It wasn't until first asbestos lawsuits were filed that these companies began to compensate those who developed mesothelioma and other illnesses due to exposure.

A lawsuit against an asbestos firm is a complicated process. It is difficult to determine the parties responsible since asbestos is no more used. There are many laws that 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), 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 who exposed them went bankrupt. In these cases an experienced lawyer who specializes in asbestos litigation will be able to negotiate with these funds and get you the maximum amount of compensation that is possible.

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

Testimonials

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

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

In the past lawyers who were specialized in asbestos litigation would approach clients and then "bundle" them into groups to file lawsuits in large quantities. The goal was to overwhelm the judicial system and to enrich the lawyers. This biased approach to litigation has hurt 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 near future.

The current compensation systems in place require attorneys to group claims based on the diagnosis. This has resulted in a decrease in the number of mesothelioma lawsuits. In addition, some states have enacted tort reforms that resulted in stricter medical requirements and an inactive docket, these changes have led to the reduced levels of new claim filings from 2004 to the year 2006.

In addition to mesothelioma cases you can also 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 became aware (or should have been aware) of the injury. In other states, the statutes of limitation are different, with New Jersey and Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitations is a law that imposes an expiration date for filing an action in court. The deadlines for filing a claim vary from state to state. The deadlines are typically determined by the time that the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. There are however a number of aspects that can alter the rules.

Many people who have been exposed to asbestos are not aware that they have a disease for decades after the initial exposure. This is due to the latency period of mesothelioma and other asbestos-related illnesses. It is crucial that mesothelioma sufferers and their families file a lawsuit right away due to the latency period.

The statute of limitation varies between states, however, in the majority of cases, it starts with the date of diagnosis. There are also states with different statutes of limitation for wrongful death cases versus personal injury claims. In general, the statutes of limitations are less than personal injury ones.

Asbestos victims and their families should consider hiring mesothelioma attorneys as early as is possible. The lawyer will be able to evaluate the various options for compensation and give suggestions on the best way, where and when to file. A knowledgeable mesothelioma attorney can help when the statute of limitation has already expired.

Lawyers for mesothelioma may suggest ways to get compensation even if the statute has expired. This includes trust fund claims as well as other sources of financial assistance. They might be able to file the claim in a state in which the statute of limitations has not expired.

If the patient is not diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed with an associated condition, such as asbestosis or lung cancer. Some states have "discovery" statutes that have the same effect as a standard statute of limitations, but begin with the date of diagnosis, not the initial exposure.

Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and loved ones. A mesothelioma lawyer who is knowledgeable can explain state laws as well as specific circumstances where a statute of limitations may be suspended or tolled.

Hire a lawyer

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

Asbestos cases are very different from other personal injury cases. The exposure to asbestos occurred several decades ago, and a large number of the companies affected have gone out of business or filed for bankruptcy. Many workers who were exposed to asbestos can't remember where they worked, and it can be difficult for them to pinpoint the places they might have worked in. This is why a seasoned attorney is crucial since they will be able to use the resources at her disposal to find out the name of the companies that were harmed and the dates when they worked there.

Once the asbestos attorney has an understanding of the location to which the person was exposed and what they did, he or she will then call in medical experts to review the evidence and write reports about how the exposure to asbestos caused the mesothelioma. It is essential that the asbestos lawyer is able to determine the causation aspect of the case because without it, the victim might not be eligible for compensation.

A mesothelioma lawyer will be able to gather the required information required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information about the victim's work as well as asbestos-related injuries, and medical records. It also includes testimonials from other victims. Additionally, a mesothelioma lawyer must be familiar with the various kinds of financial assistance available to patients and their families. This includes health insurance benefits, disability insurance, and Social Security benefits.

Hiring an experienced asbestos lawyer is crucial for anyone who has been diagnosed with a mesothelioma or another asbestos-related illness. A lawyer can assist patients decide on the kind of claim they need to submit and assist them in filling the necessary paperwork. An attorney for mesothelioma can assist people suffering from other asbestos-related diseases file for compensation. This includes trust fund and VA claims.