How to File an Asbestos Claim

An asbestos claim is a legal proceeding 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. If a plaintiff dies the estate representative of their deceased victim can continue the case as a wrongful death lawsuit.

Work History

Asbestos-related victims must give their lawyer's papers that clearly state the date they were exposed to asbestos, what their job responsibilities are and the length of time they were exposed to asbestos. This information will help the lawyer establish a direct link between exposure to asbestos and the victim's illness. A lawsuit involving asbestos attorneys may not be successful if the evidence isn't there.

Asbestos is most likely to be found in industrial environments. However, exposure to asbestos is common in schools, churches, hospitals, military bases and private residences. Asbestos is found in pipes, shingles, insulation, and fireproofing materials. Anyone who is exposed to these materials can inhale asbestos fibers and develop respiratory issues and illnesses such as mesothelioma.

Many of the companies that manufactured asbestos were aware of the dangers, but chose to keep this information quiet. This was done in order to safeguard the industry and increase profits. The companies did not begin to compensate 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 lawsuit can be a complicated process. Since asbestos is no longer in use it can be difficult to determine who is responsible. There are many laws that help victims find 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 typically compensated by asbestos trust funds. These funds are created to assist victims of asbestos get compensation when the companies that exposed them have gone into bankruptcy. In these situations, an experienced attorney specializing in asbestos litigation will know how to negotiate with these funds and get you the maximum amount of compensation you can get.

These cases are filed by relatives of those who have passed away due to mesothelioma or an asbestos-related disease. This type of claim seeks compensation for the unreimbursed funeral costs, medical expenses and loss of income for the deceased. These lawsuits are also designed to hold responsible asbestos companies accountable 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 collect evidence to prove the companies that caused harm to you, which includes medical proof of diagnosis and asbestos product identification. Because it is commonplace for plaintiffs have been exposed different asbestos products throughout their lives A lot of lawsuits have multiple defendants.

A lawyer who is specialized in mesothelioma cases will be able to identify the most suitable defendants for your case even if the companies have been declared bankrupt. Young Conaway Stargatt & Taylor has been involved in 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 to settle more than $2 billion in 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 judiciary and increase the wealth of lawyers. According to the U.S. Department of Justice this skewed approach to litigation has been detrimental to plaintiffs. It also has sucked up funds that would have been available for individuals who will develop more serious illnesses in the near future.

The current compensation systems in place require attorneys to classify claims based on diagnosis. This has led to an enlargement of the number of mesothelioma lawsuits. Combined with the fact that certain states have implemented tort reforms that have resulted in more stringent medical criteria and an inactive docket, these changes have contributed to the decrease in new claim filing activity from 2004 to the year 2006.

You can also make wrongful death lawsuits on behalf of relatives of a loved one who died who died due to asbestos exposure. New York law allows families to file lawsuits within three years from the time they became aware (or should have been aware) of an 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 sets a time limit for filing an action in court. The deadlines vary according to the state. They usually are determined by the date of the victim's asbestos exposure or the date they were 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 attorneys do not realize that they have a disease for a long time after initial exposure. This is due to the latency period for mesothelioma, and other asbestos-related illnesses. It is essential that mesothelioma patients and their families file a lawsuit right away due to the latency period.

The statute of limitations varies in each state, but they generally start with the date of diagnosis. Certain states have different statutes of limitations for wrongful-death cases and personal injury claims. In general, wrongful death statutes of limitation are shorter than those for personal injury claims.

Asbestos victims and their families should consider hiring mesothelioma attorneys as early as is possible. The lawyer will go over all possible sources of compensation for a client and advise on when, where and how to file. Additionally, a knowledgeable mesothelioma lawyer can assist if the statute of limitations has already expired.

Lawyers for mesothelioma may suggest ways to get compensation even if the statute of limitations has run out. These include trust fund claims and other sources of financial assistance. They may also be capable of filing the claim in another jurisdiction where the statute of limitations hasn't yet expired.

If the victim is not diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed with a related condition like asbestosis or lung cancer. Certain states have "discovery statutes" which apply the same as traditional statutes of limitations, but start at the time of diagnosis, not exposure.

Mesothelioma lawyers must always discuss the statute of limitations with their clients and loved ones. A mesothelioma attorney can explain the state law, as well as situations where a statute of limitation may be tolled or suspended.

Hire a Lawyer

Asbestos lawyers are able to navigate the maze of asbestos litigation. They work with other lawyers to ensure that your case gets the most favorable outcome.

Asbestos cases are different from other personal injury claims. The exposure to asbestos was decades ago, and many of the companies affected have been shut down or filed for bankruptcy. Many of the workers who were exposed to asbestos do not remember the places they worked in and it is difficult for them to pinpoint the locations they may have been in. A knowledgeable attorney can assist you with this as he/she will be able use the resources available to him/her in order to determine which companies were exposed and the time they worked there.

Once the asbestos attorney has an understanding of the place the individual was exposed and what they did and what they did, he or she can then engage medical experts to review the evidence and prepare reports on how exposure to asbestos triggered mesothelioma. It is essential that the asbestos attorney can determine the causation aspect of the case because without it, the victim may not be eligible for compensation.

A mesothelioma attorney will also be able to gather the data needed to make a claim against asbestos and trust fund claims for the victim. This includes gathering information about the victim's job, asbestos-related injuries medical records, testimony from other victims, and more. A mesothelioma lawyer should be knowledgeable about the various kinds of financial aid available to victims and their family members. This includes disability insurance, health insurance insurance and Social Security benefits.

Employing an experienced asbestos lawyer is crucial for anyone diagnosed with 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 paperwork. An attorney for mesothelioma can help those with other asbestos-related diseases to file for compensation. This includes trust fund and VA claims.