10 Healthy Asbestos Claim Habits
How to File an Asbestos Claim
An asbestos claim is a legal proceeding against companies that exposed a person to asbestos. Lawsuits must be filed within a certain time period known as the statute of limitations.
Asbestos lawsuits can be filed by living victims or their families. When a plaintiff dies the estate representative of their estate may continue the case under the wrongful death.
Work History
Asbestos-related victims have to give 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 will enable the lawyer to establish a direct connection between asbestos exposure and the victim’s illness. Without the right evidence, an asbestos lawsuit may not be able to progress.
Asbestos is most likely be discovered in industrial environments. However, this exposure also can occur in churches, schools, hospitals, military bases and private homes. Asbestos can be found in fireproofing and insulation materials, pipes and shingles. Asbestos fibers can cause respiratory issues and diseases, such as mesothelioma among those who are exposed to asbestos.
Many asbestos-producing companies were aware of the dangers however, they chose to not speak about it. This decision was made to protect the industry and increase profits. It wasn't until first asbestos lawsuits were filed that these companies began to pay compensation to those who contracted mesothelioma or other illnesses due to exposure to asbestos.
A lawsuit against an asbestos firm is a complicated process. It can be difficult to identify responsible parties because asbestos is no more used. There are many laws that can help victims identify the companies responsible for their asbestos exposure. These include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund as well as the Safe Drinking Water Act and the Resource Conservation and Recovery Act.
Asbestos victims are typically compensated by asbestos trust funds. These funds are set up to help injured victims get compensation when the companies that exposed them have gone bankrupt. In these instances, an experienced attorney specializing in asbestos litigation will know how to bargain with these funds and get you the maximum amount of compensation you can get.
The cases of wrongful death are filed by family members of people who have died from mesothelioma, or another asbestos-related disease. This type of claim seeks damages for the unreimbursed medical bills, funeral costs and loss of income. These lawsuits are also designed to hold the asbestos companies responsible for their negligence.
Testimonials
You can sue companies who put you at risk if you're diagnosed with mesothelioma, or another asbestos-related condition. Your legal team will gather evidence to show that the businesses harmed you. This includes medical proof of your diagnosis as well as asbestos product identification. Many lawsuits involve dozens or more defendants, as it is common for plaintiffs to have been exposed to a variety of asbestos products over the course of their professional careers.
A lawyer that specializes in mesothelioma cases will to locate the right defendants for your case even if they've gone bankrupt. Young Conaway Stargatt & Taylor has been working on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma lawsuits and has helped resolve asbestos litigation worth over $2 billion.
Law firms that specialized in asbestos litigation would "bundle" clients to file lawsuits on a mass basis. The idea was to overburden the judiciary and increase the wealth of lawyers. According to the U.S. Department of Justice, this skewed litigation approach has been detrimental to plaintiffs. This has also drained funds that could have been made available to those who develop more serious illnesses in the future.
The current compensation systems in place require that attorneys group claims based on diagnosis. This has led to the reduction of mesothelioma cases being filed. These changes, along with the fact some states have enacted reforms in tort law that have resulted the use of a more strict medical criterion and an inactive docket, have led to a decrease in number of new claims that were filed from 2004 to.
In addition to mesothelioma lawsuits, you can file wrongful death claims for family members who have lost loved ones due to asbestos exposure. New York state laws allow families to file a legal claim within three years of the date they knew (or should have had the knowledge) of the injury. In other states, the statutes of limitation differ in New Jersey and Pennsylvania requiring legal action within two years.
Statute of limitations
A statute of limitations is a law that establishes the deadline to file a claim. These deadlines differ by state. They are often dependent on the date of the victim's asbestos exposure or when they were diagnosed with an asbestos-related disease. However, there are a variety of factors that could complicate these rules.
Many people exposed to asbestos do not know they have been diagnosed with a condition until decades after their initial exposure. This is due to the time frame of mesothelioma's latency and other asbestos-related diseases. Due to the time of latency it is essential for mesothelioma sufferers and their families to file a lawsuit as soon as they can.
The statute of limitations differs from state to state however, in the majority of cases, it begins with the date of diagnosis. Some 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 victims and their families should consider hiring a mesothelioma lawyer as early as is possible. The lawyer will go over all possible sources of compensation for a client and offer advice on where, when and the best way to file. Additionally, a knowledgeable mesothelioma attorney 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 of limitations has expired. These include trust fund claims as well as other sources of financial aid. They may be able file the claim in a state where the statute of limitations hasn't expired.
If the patient is not diagnosed with mesothelioma the statute of limitations starts when they are diagnosed with another related illness, like asbestosis or lung cancer. Some states have "discovery statutes" that use the same rules as the statutes of limitations that are used in traditional cases however they begin with the date of diagnosis, not exposure.
Mesothelioma lawyers must always discuss the statute of limitations with their clients and loved ones. A mesothelioma lawyer can explain the state law as well as the circumstances where the statute of limitations could be suspended or tolled.
Hire a Lawyer
Asbestos lawyers know how to navigate the complicated asbestos litigation. They will work with other attorneys to ensure your case has the highest chance of success.
Asbestos claims are different from other personal injury cases. The main reason is because asbestos exposure occurred decades ago and many of the companies exposed have either declared bankruptcy or gone out of business. Many workers who were exposed to asbestos can't remember where they worked and it is difficult for them identify the locations they may have worked in. An experienced attorney can help you with this because he/she can use the resources available to him/her to find out what companies were exposed and when they worked at the place.
When the asbestos attorney has a clear idea of the location and how the victim was exposed to asbestos, he is able to get medical experts to review and report on the cause of mesothelioma. It is essential that the asbestos lawyer can determine the causation element of the case because without it the victim may not qualify 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 gathering information about the victim's work or work-related asbestos-related injuries as well as medical records. It also includes testimonials from other victims. In addition, a mesothelioma lawyer must be familiar with all of the different types of financial assistance that is available to victims and their families. This includes disability insurance, health insurance insurance, and Social Security benefits.
Anyone diagnosed with mesothelioma, or any other asbestos-related disease, should hire an asbestos lawyer. An attorney can help determine what kind of claim they need to submit and assist in filling out the paperwork. An experienced mesothelioma lawyer will assist people suffering from other asbestos-related diseases file claims for compensation, such as trust fund and VA claims.