How to File an Asbestos Claim

A legal action is taken against companies who exposed a person or company to asbestos. The statute of limitations is a period within which lawsuits have to be filed.

Asbestos lawsuits may be filed by living victims or their families. When a plaintiff dies and their estate representative is appointed, they can continue the case in the event of wrongful death.

Work History

Asbestos-related victims have to give their lawyer documents that clearly state the time they were exposed asbestos, what their job responsibilities are and how long. This information will assist the lawyer establish a direct connection between exposure to asbestos and the victim's illness. A lawsuit involving asbestos could not be successful if the evidence is not there.

People who work in an industrial environment are more likely to be exposed to asbestos. This exposure can also occur in schools and churches and hospitals, as well as bases of military, and private residences. Asbestos can be present in shingles, pipes insulation, fireproofing, and insulation materials. People who are exposed to these materials could inhale asbestos fibers and suffer respiratory problems and other illnesses, such as mesothelioma.

Many of the companies that produced asbestos knew of its dangers, but chose to keep the information secret. This was done in order to protect the industry and increase profits. It wasn't until first asbestos lawsuits were filed that these companies started to pay compensation to those who were diagnosed with mesothelioma and the other illnesses due to exposure to asbestos.

A lawsuit against an asbestos-related company is a complex task. It is difficult to determine the parties responsible since asbestos is no more used. However, there are many laws that assist victims in identifying the companies responsible for their exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) as well as the Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.

Asbestos victims typically get compensated by asbestos trust funds. These trust funds are established to assist victims of asbestos get compensation when the companies who exposed them went into bankruptcy. An experienced attorney who specializes in asbestos attorney litigation is able to negotiate these funds to ensure the maximum amount of compensation.

Families of those who died from mesothelioma, or another asbestos-related illness, can bring wrongful death lawsuits. This type of lawsuit seeks compensation for unreimbursed medical costs, funeral expenses and loss of income of the deceased. These lawsuits also aim to hold asbestos companies accountable for their wrongful conduct.

Testimonials

You can sue companies who put you at risk if you are diagnosed with mesothelioma or any other asbestos-related illness. Your legal team will gather evidence to prove the companies that harmed you, including medical proof of your diagnosis and the identification of asbestos products. A lot of lawsuits involve dozens of defendants, as it is typical for plaintiffs to be exposed to various asbestos-related products throughout their professional careers.

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

Law firms that specialized asbestos litigation would "bundle" clients to file lawsuits on a mass basis. The aim was to overload the judiciary and enrich the lawyers. This biased approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. It also has sucked up funds that would have been available for individuals who will develop more serious illnesses in the future.

The current compensation systems require attorneys to group claims based on the diagnosis. This has led to the reduction of mesothelioma cases being filed. These changes, along with the fact some states have implemented reforms to tort law that have led to in a stricter medical criterion as well as an inactive docket, have led to a reduction in the number of new claims filed between 2004 to.

You can also bring wrongful death lawsuits on behalf family members of a deceased loved one who died as a result of asbestos exposure. New York law allows families to file an action within three years of the time they became aware (or were aware) of the injury. Other states have different statutes of limitation. New Jersey and Pennsylvania have a two-year deadline for legal action.

Statute of limitations

A statute of limitation is a law that establishes a deadline to file an claim. The deadlines for filing a claim vary from state to state. They usually are based on the date of the victim's exposure to asbestos or the date they were diagnosed with an asbestos-related illness. There are however a number of aspects that can alter the rules.

Many asbestos-related exposure victims don't realize they've been diagnosed with a condition until years after their initial exposure. This is due to the latency period for mesothelioma, and other asbestos-related illnesses. It is important that mesothelioma sufferers and their families file a lawsuit immediately due to the latency period.

The statute of limitations is different in each state, but they generally begin from the date of diagnosis. Some states have different statutes for personal injury and wrongful death 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 feasible. The lawyer will be able to evaluate the various options for compensation and give guidance on how, where and when to file. Additionally, an experienced mesothelioma lawyer can help when the statute of limitation has already expired.

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

If the patient has not been diagnosed with mesothelioma or other cancers, the time limit begins when they are diagnosed with a related illness, such as asbestosis or lung cancer. Certain states have "discovery statutes" that apply the same as traditional statutes of limitations however they begin at the time of diagnosis, not exposure.

Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and loved ones. A knowledgeable mesothelioma lawyer can provide state-specific laws and specific circumstances where the statute of limitations can be tolled or suspended.

Hire a Lawyer

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

Asbestos cases are very different from other personal injury claims. The main reason is that asbestos exposure occurred years ago, and a lot of the companies that were exposed have either declared bankruptcy or gone out of business. Many workers who were exposed to asbestos can't remember the places they worked in, and it can be difficult for them identify the exact locations they could have worked in. This is where an experienced attorney is critical because he or she will be able to use the resources at his disposal to determine the name of the companies that were harmed and the dates when they worked for them.

Once the asbestos attorney has an understanding of the location to which the individual was exposed to asbestos and what they did in the area, he or she can then engage medical experts to look over the evidence and create reports about how the exposure to asbestos led to mesothelioma. It is crucial that the asbestos lawyer is able to establish the causation part of the case, as without it the victim may not be eligible for compensation.

A mesothelioma lawyer will also be able to collect the necessary information that is required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's work, asbestos-related injuries medical records, testimonials from other victims and more. A mesothelioma attorney should also be familiar with the various kinds of financial aid available to victims and family members. This includes disability insurance, health insurance insurance, and Social Security benefits.

Employing an expert asbestos lawyer is essential for anyone diagnosed with mesothelioma, or any other asbestos-related disease. A lawyer can be in a position to assist patients decide which claim is the best for them, and then assist to file the proper paperwork. A mesothelioma lawyer who is experienced can assist those suffering from other asbestos-related illnesses to file claims for compensation, which includes trust fund and VA claims.