Why Asbestos Claim May Be More Risky Than You Think

How to File an Asbestos Claim

A legal action is initiated against companies who exposed a person or a company to asbestos. The lawsuit must be filed within a certain time frame known as the statute of limitations.

Asbestos lawsuits can be filed by victims who are living or their families. When a plaintiff passes away, their estate representative may continue the case in the event of the wrongful death.

Work History

Asbestos-related victims must give their lawyer's papers 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 link between exposure to asbestos and the victim's illness. A lawsuit involving asbestos may not be successful if evidence is not there.

Workers in an industrial environment are most likely to be exposed to asbestos. However, this exposure also is common in schools, churches, military bases, hospitals and private homes. Asbestos can be present in shingles, pipes insulation, fireproofing materials. Asbestos fibers can cause respiratory issues and diseases such as mesothelioma for those who are exposed to the material.

Many companies that made asbestos were aware of the dangers however, they chose to keep it quiet. This was done in order to safeguard the industry and increase profits. It wasn't until the first asbestos lawsuits were filed that these companies began to pay compensation to those who contracted mesothelioma or other illnesses caused by exposure to asbestos.

A lawsuit against an asbestos-related firm is a complicated process. Because asbestos lawyers is no longer in use it can be a challenge to determine who is responsible. There are a variety of laws that can assist victims determine the companies accountable for their exposure to asbestos. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund, the Safe Drinking Water Act and the Resource Conservation and Recovery Act.

Asbestos victims are typically compensated by asbestos trust funds. These funds are established to help injured victims get compensation if the businesses responsible for their exposure have gone under. A skilled attorney who specializes in asbestos litigation is able to negotiate these funds and get the maximum amount of compensation.

Families of those who died from mesothelioma, or another asbestos-related illness, can make wrongful death claims. This type of lawsuit seeks damages for the unreimbursed funeral costs, medical expenses and loss of income. These lawsuits also seek to hold asbestos companies responsible for their negligence.

Testimonials

If you've been diagnosed with mesothelioma, or another asbestos-related illness, you may make a claim against the businesses that put you in harm's way. Your legal team will gather evidence to prove the businesses that caused harm to you, which includes medical proof of diagnosis and asbestos product identification. As it is common that plaintiffs have been exposed various asbestos-related products throughout their career Many lawsuits have multiple defendants.

A lawyer who specializes in mesothelioma cases will be able to identify the appropriate defendants for your case even if the companies have 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.

Firms that were specialized in asbestos litigation would "bundle" clients together to file lawsuits on a mass basis. The idea was to overburden the judicial system and enrich the lawyers. According to the U.S. Department of Justice this biased approach to litigation has hurt plaintiffs. It also drained funds which could have been provided to those who are likely to contract more serious illnesses in the near future.

The current compensation system requires that attorneys group claims according to the diagnosis. This has resulted in an increase in mesothelioma claims being filed. This is in addition to the fact that certain states have passed tort reforms that resulted in stricter medical criteria and an inactive docket these changes have led to the decrease in new claim filings from 2004 to the year 2006.

You can also bring wrongful death lawsuits on behalf family members of a deceased loved one who died from asbestos exposure. New York state laws allow families to pursue legal action within three years of the date they became aware (or should have had the knowledge) 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 sets a deadline for filing a claim. These deadlines differ by state. These deadlines are usually based on when the victim was exposed to asbestos or diagnosed with an asbestos-related disease. There are however a number of factors that can complicate these rules.

Many people who have been exposed to asbestos lawsuit do not realize they have been diagnosed with a condition until decades after their first exposure. This is due to the latency period of mesothelioma and other asbestos-related illnesses. It is crucial that mesothelioma patients and their families file a lawsuit immediately due to the latency period.

The statute of limitations differs from state to state but generally starts with the date of diagnosis. There are states that have different statutes of limitation for wrongful deaths versus personal injury claims. In general, wrongful death statutes of limitations are shorter than personal injury ones.

Asbestos victims and their families should think about hiring mesothelioma attorneys as early as is feasible. The lawyer can review all potential sources of compensation and offer suggestions on how, where and when to file. A knowledgeable mesothelioma attorney can help in the event that the statute of limitations has already expired.

Lawyers for mesothelioma may suggest ways to get compensation, even if the statute has run out. This includes trust fund claims as well as other sources of financial aid. They may be able to file the claim in a place where the statute has not expired.

If the victim is not diagnosed with mesothelioma, the statute of limitation begins when they are diagnosed with a related condition like asbestosis or lung cancer. Some states have "discovery" statutes, which have the same effect as a standard statute of limitations but start at the time of the diagnosis instead of the first exposure.

Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and family members. A mesothelioma attorney can explain the law of the state and also the situations where a statute of limitation may be tolled or suspended.

Employ a lawyer

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

Asbestos lawsuits differ from other personal injury cases. The exposure to asbestos occurred several decades ago, and a large number of the companies affected have been closed or declared bankruptcy. Many workers who were exposed to asbestos can't remember the places they worked in and it is difficult to identify the places they might have worked in. An experienced attorney can assist you in this regard as he or she will be able to use the resources available to for determining which companies were exposed and when they worked there.

When the asbestos attorney has a better idea of the location and how the victim was exposed to asbestos, he will be able to have medical experts review and report on the cause of mesothelioma. It is vital that the asbestos lawyer can establish the causation component of the case as without it, the victim could not be able to claim compensation.

A mesothelioma lawyer will be able to gather the data needed to file a lawsuit against asbestos and an appeal to a trust fund for the victim. This includes gathering information on the victim's job or work-related asbestos-related injuries as well as medical records. It also includes testimonies of other victims. In addition, a mesothelioma lawyer must be familiar with the various kinds of financial assistance that is available to victims and their families. This includes health insurance benefits, disability insurance, and Social Security benefits.

Engaging an expert asbestos lawyer is essential for anyone who has been diagnosed with mesothelioma, or other asbestos-related illness. A lawyer can be in a position to assist patients determine which type of claim is appropriate for them, and then assist them complete the appropriate documentation. A mesothelioma attorney can also help those with other asbestos-related illnesses file for compensation. This includes trust fund and VA claims.