Speak "Yes" To These 5 Asbestos Claim Tips

How to File an Asbestos Claim

An asbestos claim is a legal action against companies that exposed a person to asbestos. The statute of limitations is a time limit within which lawsuits have to be filed.

Asbestos lawsuits can be brought by living victims or their families. When a plaintiff dies and their estate representative is appointed, they can continue the case despite the wrongful death.

Work History

Asbestos sufferers must give their lawyer documents that clearly indicate the date of their exposure to asbestos, the nature of their job was and the length of time. This information will allow the lawyer to establish a direct link between asbestos exposure and the victim's illness. Without the proper evidence, an asbestos lawsuit may not be able to progress.

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

Many asbestos-producing companies were aware of its dangers, but chose to keep it quiet. This decision was made to ensure the safety of the industry and to increase profits. It wasn't until first asbestos lawsuits were filed that the companies began to compensate those who developed mesothelioma and other ailments caused by exposure to asbestos.

A lawsuit against a business that produces asbestos is a complicated task. It can be difficult to identify responsible parties because asbestos is no more in use. 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 all examples.

Asbestos trust funds are usually responsible for paying compensation to asbestos lawyers victims. These funds were established to help injured victims receive compensation when the companies responsible for their exposure have gone into bankruptcy. An experienced attorney who is skilled in asbestos litigation is able to negotiate these funds to ensure the most compensation.

Wrongful death cases are filed by family members of people who have died due to mesothelioma or another asbestos-related disease. This type of claim seeks compensation for unreimbursed funeral costs, medical expenses and loss of income of the deceased. These lawsuits are also designed to hold asbestos companies responsible for their wrongful conduct.

Testimonials

Once you have been diagnosed with mesothelioma or another asbestos-related illness, you may bring a lawsuit against the companies that put you in danger. Your legal team will collect evidence to prove that the companies caused harm to you. This includes medical evidence of your diagnosis and asbestos product identification. Many lawsuits involve dozens of defendants, as it's common for plaintiffs to have been exposed to various asbestos-related products over the course of their professional careers.

A lawyer with a specialization in mesothelioma claims will be able to find the appropriate defendants for your case even if the companies have declared bankruptcy. Young Conaway Stargatt & Taylor has been focusing on asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases and helped resolve over $2 billion of asbestos litigation.

In the past law firms that were specialized in asbestos litigation would solicit clients and then "bundle" them together into groups to file lawsuits in bulk. The idea was to overburden the legal system and benefit lawyers. This unbalanced approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. This has also drained funds that could have been made available to those who develop more serious illnesses in the future.

The current compensation system requires attorneys categorize claims based on diagnosis. This has resulted in an increase in mesothelioma cases being filed. These changes, as well as the fact some states have passed reforms to tort law that have led to in a stricter medical criterion as well as an inactive docket have led to a decrease in number of new claims filed between 2004 to 2006.

You can also make wrongful death lawsuits on behalf of relatives of a deceased loved one who died due to asbestos exposure. New York state laws allow families to file a legal claim within three years from the time they knew (or should have had the knowledge) of the 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 imposes the deadline for filing an action in court. These deadlines vary by state. They are usually based on the date of the victim's exposure to asbestos or when they were diagnosed with an asbestos-related disease. There are several factors which can make it difficult to follow the rules.

Many people who have been exposed to asbestos are not aware of the existence of a condition for decades after the initial exposure. This is due to the latency period of mesothelioma and other asbestos-related diseases. It is important that mesothelioma patients as well as their families file a lawsuit immediately 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 personal injury cases and wrongful-death claims. In general, the statutes of limitation are shorter than those for personal injury claims.

Asbestos patients and their families should hire an attorney for mesothelioma immediately. The lawyer can review all potential sources of compensation and give advice on the best way, where and when to file. Additionally, a knowledgeable mesothelioma attorney can help in the event that the statute of limitations has already expired.

Mesothelioma lawyers can suggest options to seek compensation even in the event that the statute of limitations has passed for trust fund claims or other sources of financial assistance. They might also be capable of filing the claim in a different state where the statute of limitations has not yet expired.

If the person hasn't been diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed with a related illness like asbestosis or lung cancer. Some states have "discovery" statutes that follow the same rules as a traditional statute of limitations, but start from the date of the diagnosis instead of the first exposure.

Mesothelioma lawyers must always discuss the statute of limitations with their clients and loved ones. A knowledgeable mesothelioma lawyer will explain state laws as well as specific situations in which a statute of limitations may be suspended or tolled.

Hire a Lawyer

Asbestos attorneys know how to navigate through the complicated asbestos litigation. They work with other lawyers to ensure that your case receives the best possible outcome.

Asbestos cases are very different from other personal injury claims. The asbestos exposure occurred several decades ago, and a large number of those companies have gone out of business or have filed for bankruptcy. The majority of the workers who were exposed to asbestos don't even remember where they worked, and it is hard to pinpoint the locations in which they could have been exposed. A knowledgeable attorney can assist you with this as he/she will be able use the resources available to him/her for determining which companies were exposed and when they worked for them.

When the asbestos attorney has a better understanding of the place and how the victim was exposed to asbestos, he is able to engage medical experts to examine and report on the causes of mesothelioma. It is vital that the asbestos attorney can establish the causation element of the case as without it, the victim might not be able to claim compensation.

A mesothelioma lawyer will also be able to gather the necessary information that is required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's employment, asbestos-related injuries medical records, testimonials from other victims, and more. In addition, a mesothelioma lawyer must be familiar with the various kinds of financial aid available to patients and their families. This includes disability insurance, health insurance insurance, and Social Security benefits.

Anyone diagnosed with mesothelioma or any other asbestos-related illness is advised to consult an asbestos lawyer. A lawyer is in a position to assist patients determine which type of claim is best for them and help them complete the appropriate documents. A mesothelioma attorney can also assist those suffering from other asbestos-related diseases file for compensation. This includes trust funds and VA claims.