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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. Lawsuits must be filed within a specified time period known as the statute of limitations.

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

Work History

Asbestos-related victims need to provide their lawyer's papers that clearly state the time they were exposed asbestos, what their job responsibilities are and the length of time they were exposed to asbestos. This information will allow the lawyer to establish a direct link between the exposure and the victim's illness. Without the right evidence an asbestos lawsuit might not be able to move forward.

Asbestos is more likely to be discovered in industrial settings. However, exposure to asbestos is common in churches, schools or military bases, hospitals and private residences. Asbestos can be found in fireproofing, insulation pipes, shingles and pipes. Anyone who is exposed to these materials may inhale asbestos fibers and suffer respiratory problems and other illnesses, such as mesothelioma.

Many companies that made asbestos were aware of the dangers, but chose to keep it quiet. This decision was made to safeguard the industry and increase profits. The companies did not begin to compensate those who contracted mesothelioma and other illnesses because of asbestos exposure until the first lawsuits were filed.

A lawsuit against an asbestos firm is a complicated process. It is difficult to determine the responsible parties since asbestos is no longer used. There are a variety of laws that help victims determine the companies accountable for their asbestos exposure. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund, the Safe Drinking Water Act and the Resource Conservation and Recovery Act.

Asbestos trust funds are usually accountable for the payment of asbestos victims. These trust funds are established to help injured victims get compensation when the companies who exposed them went into bankruptcy. In these cases, an experienced attorney specializing in asbestos litigation will be able to negotiate with these funds to get you the maximum compensation possible.

Families of those who have died from mesothelioma, or an asbestos-related illness, can make wrongful death claims. This type of claim seeks damages for the unreimbursed funeral expenses, medical bills and loss of income. These lawsuits also aim to hold asbestos companies accountable for their wrongful conduct.

Testimonials

You can sue the businesses who put you at risk, if you're diagnosed with mesothelioma, or another asbestos-related condition. Your legal team will gather evidence to prove the companies that caused harm to you, which includes medical proof of your diagnosis as well as the identification of the asbestos product. As it is common that 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 be able to identify the right defendants in your case even if they've been bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been working on 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 of asbestos litigation.

In the past law firms that specialize in asbestos litigation would approach clients and then "bundle" them together into groups to file lawsuits in massive quantities. The aim was to overload the judicial system and to enrich lawyers. According to the U.S. Department of Justice this skewed approach to litigation has been detrimental to plaintiffs. This has also drained funds that would have been available for individuals who will develop more serious illnesses in the future.

The current compensation system demands that attorneys group claims according to the diagnosis. This has resulted in a decreased number of mesothelioma lawsuits being filed. Combined with the fact that some states have enacted tort reforms which have resulted in stricter medical requirements and an inactive docket these changes have contributed to the decrease in new claims being filed from 2004 to 2006.

You can also bring wrongful death lawsuits on behalf relatives of a loved one who died who died due to asbestos exposure. New York law allows families to bring lawsuits within three years from the time they became aware (or were aware) of the injury. Other states have different statutes of limitation. New Jersey and Pennsylvania require legal action within two-years.

Statute of limitations

A statute of limitations is a law that imposes a time limit for filing an action in court. These deadlines differ by state. These deadlines usually are based on when the victim was exposed to asbestos or diagnosed with an asbestos-related illness. There are however a number of factors that could complicate these rules.

Many people who have been exposed to asbestos do not realize they have been diagnosed with a disease until decades after their initial exposure. This is due to the mesothelioma's latency time, and other asbestos-related diseases. Due to the time of latency it is crucial for mesothelioma patients and their families to start a lawsuit as soon as possible.

The time limit for a statute of limitations differs by state, but most start from the date of diagnosis. Certain states have different statutes for personal injury cases and wrongful-death claims. In general, wrongful-death statutes of limitation are less 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 the various options for compensation and provide suggestions on the best way, where and when to file. A knowledgeable mesothelioma attorney can help if the statute of limitations has already expired.

Mesothelioma lawyers can suggest options to obtain compensation even if the statute of limitations has expired, such as trust fund claims or other sources of financial aid. They may be able file the claim in a place where the statute of limitations hasn't expired.

If the person hasn't been diagnosed with mesothelioma, the time limit begins when they are diagnosed with a related illness, such as asbestosis or lung cancer. Some states have "discovery statutes" which apply the same as the traditional statutes of limitations, but start at the date of diagnosis, not exposure.

Mesothelioma lawyers should always discuss the statute of limitations with their clients and family members. A mesothelioma lawyer can explain the state law as well as the circumstances in which the statute of limitations could be tolled or suspended.

Hire a Lawyer

Asbestos lawyers know how to navigate the complex asbestos litigation. They work with other lawyers to ensure that your case gets the best possible outcome.

asbestos attorneys cases are very different from other personal injury cases. The main reason is that asbestos exposure occurred years ago, and a lot of the companies that were exposed have either declared bankruptcy or are out of business. Many of the workers who were exposed to asbestos do not remember where they worked, and it can be difficult for them to pinpoint the exact locations they could have been in. An experienced attorney can help you with this as he/she will be able use the resources available to to find out what companies were exposed and when they worked there.

When the asbestos attorney has a clear understanding of the place and how the victim was exposed to asbestos, he is able to engage medical experts to examine and report on the causes of mesothelioma. It is crucial that the asbestos lawyer can establish the causation part of the case, as without it, the victim may not qualify for compensation.

A mesothelioma lawyer will be able to gather the data required to make a claim against asbestos and a trust fund claim for the victim. This includes gathering information about the victim's job as well as asbestos-related injuries, medical records, testimonies from other victims, and more. A mesothelioma attorney should also be familiar with the various types of financial aid that are available to patients and their family members. This includes health insurance benefits as well as disability insurance and Social Security benefits.

Engaging an experienced asbestos lawyer is essential for anyone diagnosed with mesothelioma or any other asbestos-related disease. A lawyer can be capable of helping patients decide which claim is appropriate for them, and then assist to file the proper documents. An attorney for mesothelioma can assist those suffering from other asbestos-related illnesses file for compensation. This includes trust funds and VA claims.