How to File an Asbestos Claim

An asbestos claim is a legal action brought against companies that exposed someone to asbestos. Lawsuits must be filed within a certain time period, also called the statute of limitations.

Asbestos lawsuits can be filed by those who are alive or their families. When a plaintiff dies and their estate representative is appointed, they may continue the case in a wrongful death lawsuit.

Work History

Asbestos-related victims must give their lawyer documents that clearly state when they were exposed to asbestos, the nature of their work and how long. This will enable the lawyer to establish a direct link between asbestos exposure and the victim’s health condition. Without the correct evidence an asbestos lawsuit might not be able to proceed.

Those who work in a workplace are most likely to be exposed to asbestos. It can also happen in churches and schools, hospitals, bases of military and private homes. Asbestos can be found in shingles, pipes, insulation, and fireproofing materials. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma among those who are exposed to asbestos.

Many companies that made asbestos legal claims were aware of the dangers however they decided to not speak about it. This was done in order to ensure the safety of the industry and to increase profits. These companies did not begin to compensate people who contracted mesothelioma and other diseases as a result of asbestos exposure until the first lawsuits were filed.

A lawsuit against an asbestos-related company can be a difficult task. It can be difficult to identify the parties responsible since asbestos is no longer in use. There are a number of laws that can assist 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 all examples.

Trust funds for asbestos are typically accountable for the payment of asbestos victims. These funds are established to help injured victims receive compensation when the companies responsible for their exposure have gone bankrupt. In these instances an experienced attorney who specializes in asbestos litigation will be able to negotiate with these funds to get you the maximum amount of compensation you can get.

These cases are filed by family members of those who have passed away due to mesothelioma or an asbestos-related disease. This type of lawsuit seeks compensation for the unreimbursed funeral costs, medical expenses and loss of income. These lawsuits also aim to hold asbestos claims management corp companies responsible for their wrongful conduct.

Testimonials

You can sue companies that put you at risk if you are diagnosed with mesothelioma or another asbestos-related condition. Your legal team will collect proof to prove that the companies harmed you. This includes medical evidence of your diagnosis as well as asbestos product identification. A lot of lawsuits involve dozens of defendants, since it is common for plaintiffs to have been exposed to a variety of asbestos products during their career.

A lawyer who is specialized in mesothelioma lawsuits will be able to find the appropriate defendants for your case even if the companies have been declared 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 mesothelioma lawsuits and helped settle asbestos litigation worth over $2 billion.

In the past, law firms that specialize in asbestos litigation would approach clients and then "bundle" them into groups to file lawsuits in large quantities. The aim was to overload the judicial system and increase the wealth of lawyers. According to the U.S. Department of Justice this biased approach to litigation has harmed plaintiffs. It has also depleted funds which could have been provided to people who are likely to develop more serious diseases in the future.

The current compensation system requires that attorneys group claims for asbestosis based on the diagnosis. This has resulted in an enlargement of the number of mesothelioma lawsuits. In addition, some states have enacted tort reforms which have resulted in more stringent medical criteria and an inactive docket these changes have led to the reduced levels of new claims being filed between 2004 and the year 2006.

You can also make wrongful death lawsuits on behalf of relatives of a deceased loved one who died from asbestos exposure. New York state laws allow families to file a legal claim within three years of when they knew (or should have been aware) of the injury. Other states have different statutes of limitations. New Jersey and Pennsylvania require legal action within two-years.

Statute of Limitations

A statute of limitation is a law that establishes an expiration date to file an claim. These deadlines vary by state. They usually are determined by the date of the person's exposure to asbestos 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 are unaware that they have a disease for a long time after initial exposure. This is due to the mesothelioma's latency time, 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 differs from state to state, but in most cases it begins with the date of diagnosis. There are some states that have different statutes of limitations for wrongful deaths versus personal injury claims. In general, the statutes of limitations are shorter than personal injury ones.

Asbestos victims and their families should think about hiring mesothelioma attorneys as early as possible. The lawyer will be able to evaluate all potential sources of compensation and give guidance on where, how and when to file. A mesothelioma lawyer can assist if the statute of limitations has expired.

Lawyers for mesothelioma can suggest ways to get compensation even if the statute has expired. These include trust fund claims and other sources of financial assistance. They may be able to file the claim in a jurisdiction where the statute has not expired.

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

Mesothelioma attorneys should always discuss limitations statutes with their clients and loved ones. A mesothelioma attorney can explain the law of the state and also the situations where the statute of limitations could be suspended or compensation 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 best possible outcome.

Asbestos claims are different from other personal injury cases. The main reason is because asbestos exposure occurred years ago, and a lot of the companies that were exposed have either declared bankruptcy or are out of business. The majority of the workers who were exposed to asbestos don't even remember where they worked, and it's difficult for them to determine the places where they might have been exposed. An experienced attorney can assist you with this because he/she will be able use the resources available to for determining which companies were exposed and when they worked there.

Once the asbestos attorney has a better idea of where and how the victim was exposed to asbestos, he can engage medical experts to examine and write reports on the causes of mesothelioma. It is important that the asbestos lawyer is able to determine the causation element of the case, because without it, the victim may not be eligible for compensation.

A mesothelioma asbestos claims lawyer will also be able to gather the information required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's occupation, asbestos-related injuries and medical records. It also includes testimonials from other victims. In addition, a mesothelioma lawyer must be familiar with all of the different kinds of financial aid that are available to victims and their families. This includes benefits from health insurance as well as disability insurance and Social Security benefits.

Anyone diagnosed with mesothelioma, or any other asbestos-related illness should consult an asbestos lawyer. A lawyer can be in a position to assist patients determine which type of claim is appropriate for them, and then assist to file the proper documents. A mesothelioma lawyer can help those with other asbestos-related diseases file for compensation. This includes trust funds and VA claims.