How to File an Asbestos Exposure Claim

A claim of asbestos exposure requires asbestos producers to take the responsibility for their actions which have caused harm to millions of people over the many years. This process can help victims and their families receive compensation for the medical expenses, lost income, and funeral costs that are associated with asbestos-related illnesses.

People who work with asbestos typically bring asbestos fibers home on their clothing and skin and expose family members to a second exposure. This could lead to mesothelioma as well as other asbestos-related diseases.

Medical Records

It is crucial for those diagnosed with mesothelioma or another asbestos-related disease to have all the necessary medical records. They can help their lawyer identify the asbestos exposure that caused the development of their illness and prove they deserve compensation.

The law requires that plaintiffs present an images scans, and a physician's declaration connecting the diagnosis to an asbestos-related health problem. Lawyers will also need the details of the patient's employment history as well as the names of the companies and jobs. Workers exposed to asbestos over an extended period of time, such as those working who work in the construction industry, are at a higher risk of developing mesothelioma or other illnesses.

An experienced mesothelioma attorney can also assist in getting additional evidence such as a client's workers compensation claims, veterans' benefits and other financial accounts. These documents can give valuable information regarding asbestos product manufacturers and employers.

If a person is diagnosed with mesothelioma from an expert physician, their attorney may file a lawsuit for personal injury or wrongful death against asbestos-related product manufacturers. Legal action must be filed within the statute of limitations that varies according to the jurisdiction. In New York State, for instance, legal action is required within three years from the time the victim realized (or was able to realize based on symptoms) that they had an asbestos-related disease.

Victims may also seek compensation from a trust fund that deals with asbestos in addition to pursuing legal action against the manufacturer. The process can be complex but a mesothelioma attorney will handle every step of the claim.

You can also file a lawsuit against the employer if you're a victim or if your family member is. This kind of lawsuit differs from a personal injuries claim and typically involves the use of liens. Liens are financial agreements between the insurer of a defendant and a mesothelioma victim or their family members.

A wrongful death lawsuit can be brought against a variety of individuals, including those who supervised asbestos-contaminated sites, asbestos contractors and asbestos manufacturers. Mesothelioma victims and their families may be able to claim compensation for their losses, including funeral expenses as well as lost wages, suffering.

Work History

If you or someone close to you was exposed to asbestos, keeping a detailed work history is important. It can help attorneys determine the type of claim that is appropriate and the documentation required to support it.

Workers in a variety of trades were exposed to asbestos in the 20th century, including those who worked in construction, insulation and shipyard jobs. These workers brought loose asbestos fibers home with them on their clothing which put families at risk of developing mesothelioma years later. A North Carolina mesothelioma lawyer could review your or someone else's medical records and work history to determine whether a claim for exposure from a secondhand source could be possible.

In a mesothelioma-related case the plaintiff has to determine the companies accountable for asbestos-related losses of the victims that include medical expenses, funeral costs, and lost income. Lawyers can assist clients in obtaining documents like pension or disability information, interview witnesses and develop an outline of the events.

If a mesothelioma patient died before the case was resolved and their family members can start a wrongful-death lawsuit to recover compensation. A wrongful death suit can be filed to help offset the debt incurred by funeral and treatment costs, and provide much-needed financial security.

If necessary asbestos victims' lawyers may file claims against multiple defendants to secure complete payment. This includes the company that supplied raw asbestos as well as asbestos product manufacturers and negligent employers. These companies knew that their products were causing harm but did not warn or protect workers.

The EPA offers a range of resources for individuals and families who suffer from illnesses that are caused by asbestos. The TSCA Hotline, Asbestos Ombudsman and other resources are available. People suffering from mesothelioma or other asbestos-related diseases can also receive compensation from trust funds created by the surviving spouses of asbestos-related victims.

Contrary to workers' compensation, an asbestos lawsuit requires an attorney to represent the rights of the client not the employer. In the case of mesothelioma lawsuit, that means finding an experienced lawyer who is proficient in the process of obtaining compensation from trust funds or private insurance companies that have denied responsibility for exposing asbestos victims toxic substances that cause cancer.

Second-Hand Exposure

Although the majority of mesothelioma cases are caused by exposure to asbestos however, secondhand (ambient) exposure can also be an risk factor. Individuals can come in contact with asbestos while doing laundry, interacting with furniture or in physical contact with someone who works or handles asbestos-containing products. These interactions could release harmful fibers into the air and others may breathe or ingest them.

Asbestos lawsuits involving secondhand exposure typically require the help of an experienced lawyer who is able to track asbestos exposure. Attorneys who have handled these types of claims will be in a position to look over documents and speak with witnesses to identify the source. Attorneys can also assist victims file an asbestos lawsuit and understand state laws regarding liability.

In most instances, secondhand exposure to asbestos is the result of a blue-collar worker carrying asbestos fibers home with them after work shifts. Workers carried contaminated clothes, hair and other equipment home where they lay on couches or used appliances and touched surfaces minutes or even hours after. This contact with family members, including children and spouses, exposed them to asbestos. The people probably did not know they were bringing carcinogenic substances into their homes, and the tiny fibers could be found on hair, clothing and even skin.

Individuals who have come into contact with contaminated laundry, furniture or other objects can submit an asbestos claim. These kinds of lawsuits typically require the assistance of an experienced asbestos attorney lawyer who can introduce evidence such as clothing labels as well as medical records and asbestos tests. Lawyers can also help plaintiffs identify the companies who made the asbestos-containing products they encountered.

Asbestos sufferers can also sue asbestos trust funds, which pay relatively fixed amounts to mesothelioma patients and others with asbestos-related illnesses. The process is simpler than bringing an individual lawsuit against a company and is usually easier to obtain compensation from a fund rather than an employer.

Individuals who are eligible to receive funds from an asbestos trust fund should contact a mesothelioma legal firm right away. These lawyers can determine the eligibility for filing an action, decide which state or jurisdiction is best to file the lawsuit in and handle the entire procedure.

Statute of Limitations

The statute of limitations, which defines the maximum time a person has to bring a lawsuit, may differ from state to state. In certain states, the clock begins to tick when a patient is diagnosed with an asbestos-related disease, while in other states it begins when they are first exposed.

A mesothelioma lawyer can help patients understand the statute of limitations in their state and how it connects to the type of asbestos claim that they have filed. Complete medical records, employment history and pertinent information about the product are required to establish the connection between exposure and the asbestos-related illness. It is difficult to pinpoint a specific date of exposure due to the long time between the onset of asbestos-related illnesses.

A skilled lawyer can review the legal and medical options which include filing an individual or group lawsuit against negligent asbestos-related companies. This could be a company that mined asbestos, manufactured products that contain asbestos, or a negligent employer who knew about employee exposure but failed to protect workers.

Compensation from a successful asbestos lawsuit can pay medical bills, home health expenses, lost quality of life and suffering and pain funeral expenses and loss of family if a loved one has passed away from an asbestos-related disease. Companies who exposed asbestos workers to over $30 billion have set trust funds. Many mesothelioma sufferers have received financial compensation from these trust funds.

A specialist mesothelioma lawyer will review evidence related to asbestos lawsuits and determine the best way to make an asbestos lawsuit, whether for personal injury or the cause of death. An experienced lawyer can help determine the right place to file. The state where the victim resided or worked, and the location of asbestos-related companies could play a part in the filing requirements.

A seasoned mesothelioma lawyer will collect as much information as they can to support the client's case. This includes a patient's detailed medical documents, employment history, and the names of any asbestos-related products that were used on the job site. These documents are essential to establish a connection between the victim's mesothelioma or other asbestos-related disease and a specific asbestos-related company or companies that were responsible for their wrongful exposure.