15 Top Documentaries About Asbestos Claim

How to File an Asbestos Claim

An asbestos claim is a legal action brought against businesses that exposed a person to asbestos lawsuit. The statute of limitations is a period within which lawsuits have to be filed.

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

Work History

Asbestos victims must submit to their lawyer documents that clearly indicate the date of their exposure to asbestos, the nature of their job involved and for how long. This information will help the lawyer establish a direct link between that exposure and the victim's illness. A lawsuit involving asbestos could not be successful if the evidence is lacking.

Asbestos is most likely to be discovered in industrial environments. However, exposure to asbestos is common in schools, churches, military bases, hospitals and private residences. Asbestos is present in insulation, fireproofing materials, pipes and shingles. Anyone who is exposed to these materials can inhale asbestos fibers and develop respiratory issues and diseases like mesothelioma.

Many companies that made asbestos were aware of its dangers, but chose to remain silent about the dangers. This was a decision taken to boost profits and protect the industry. These companies did not begin to pay compensation to those who developed mesothelioma or other ailments due to asbestos exposure until the first lawsuits were filed.

A lawsuit against a company that manufactures asbestos is a difficult task. Since asbestos is no longer in use, it can be difficult to identify the responsible parties. However, there are many laws that assist victims in identifying the companies responsible for their exposure. These include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund and the Safe Drinking Water Act and the Resource Conservation and Recovery Act.

Trust funds for asbestos are typically accountable for the payment of asbestos victims. These funds are set up to assist victims of asbestos get compensation when the companies which exposed them have gone bankrupt. An experienced attorney who specializes in asbestos litigation knows how to negotiate these funds to ensure the maximum compensation.

These cases are filed by family members of people who have died due to mesothelioma or an asbestos-related disease. This type of lawsuit seeks damages for unpaid funeral costs, medical expenses and loss of income. These lawsuits are also designed to hold the responsible asbestos attorney companies accountable for their negligence.

Testimonials

Once you have been diagnosed with mesothelioma or another asbestos-related disease, you can make a claim against the companies that put you in harm's way. Your legal team will collect proof to prove that the companies caused harm to you. This includes medical evidence of your diagnosis and asbestos product identification. Many lawsuits involve dozens or more defendants, as it's typical for plaintiffs to have been exposed to various asbestos-related products during their career.

A lawyer who specializes in mesothelioma lawsuits will be able to identify the appropriate defendants for your case even if these businesses have gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been working on asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has been involved in hundreds of mesothelioma cases and helped resolve over $2 billion of asbestos litigation.

In the past law firms that specialize in asbestos litigation would approach clients and then "bundle" them into groups to file lawsuits in massive quantities. The aim was to overload judicial systems and enrich lawyers. According to the U.S. Department of Justice this skewed approach to litigation has harmed plaintiffs. The result is that funds are being drained that could have been made available for individuals who will develop more serious illnesses in the future.

The current compensation systems in place require attorneys to classify claims based on diagnosis. This has led to a decrease in the number of mesothelioma lawsuits. Combined with the fact that certain states have passed tort reforms that resulted in stricter medical requirements and an inactive docket, these changes have contributed to the reduced levels of new claims being filed between 2004 and the year 2006.

In addition to mesothelioma cases you can also claim wrongful death compensation for family members who lost a loved one due to asbestos exposure. New York state laws allow families to take legal action within three years from the time they became aware (or should have had the knowledge) of the injury. Other states have different statutes of limitations. New Jersey and Pennsylvania have a two-year deadline for legal action.

Statute of Limitations

A statute of limitations is a law that sets the deadline for filing a legal claim. These deadlines vary by state. They are usually based on the date of the victim's asbestos exposure or when they were diagnosed with an asbestos-related illness. There are several factors which can make it difficult to follow the rules.

Many people who have been exposed to asbestos do not realize that they are suffering from a disease for a long time following the initial exposure. This is due the mesothelioma's latency time, and other asbestos-related diseases. Due to the time of latency it is essential for mesothelioma patients and their families to make a claim immediately if they are able to.

The statute of limitations varies by state, but most start with the date of diagnosis. There are some states that have different statutes of limitation for wrongful death cases as opposed to personal injury claims. In general, the statutes of limitation are shorter than personal injury ones.

Asbestos patients and their families must hire mesothelioma lawyers immediately. The lawyer will review all the possible sources of compensation for a client and offer advice on when, where and how to file. A mesothelioma lawyer can assist if the statute has expired.

Mesothelioma lawyers may suggest alternatives for obtaining compensation even when the statute of limitations has passed for example, trust fund claims or other sources of financial aid. They might also be in a position to file the claim in a different state where the statute of limitations has not yet expired.

If the patient is not diagnosed with mesothelioma the statute of limitation begins when they are diagnosed as having another related illness, such as asbestosis or lung cancer. Certain states have "discovery statutes" which apply the same as the traditional statutes of limitations but begin with the date of diagnosis, not the date of exposure.

Mesothelioma lawyers should always discuss the statute of limitations with their clients and family members. A mesothelioma lawyer can explain state law and also the situations where the statute of limitations could be tolled or suspended.

Hire a Lawyer

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

asbestos lawsuit claims differ from other personal injury cases. The asbestos exposure occurred several decades ago, and a large number of the companies affected have been shut down 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 for them to determine the locations where they may have been exposed. An experienced attorney can help you in this regard as he or she can use the tools available to find out what companies were exposed and when they worked there.

Once the asbestos lawyer has a better understanding of where the individual was exposed and what they did in the area, he or she will then call in medical experts to look over the evidence and create reports on how exposure to asbestos caused the mesothelioma. It is crucial that the asbestos lawyer is able determine the causation element of the case, as without it the victim may not be eligible for compensation.

A mesothelioma attorney will also be able to gather the data needed to file a lawsuit against asbestos as well as an appeal to a trust fund for the victim. This includes gathering information on the victim's work as well as asbestos-related injuries, medical records, testimonies from other victims and more. A mesothelioma lawyer must also be aware of the different kinds of financial aid available to victims and their family members. This includes health insurance, disability insurance, and Social Security benefits.

Engaging an experienced asbestos lawyer is crucial for anyone who has been diagnosed with mesothelioma or other asbestos-related illness. A lawyer can be able to help individuals decide which claim is appropriate for them and then help them file the appropriate paperwork. A mesothelioma lawyer can assist people suffering from other asbestos-related illnesses file for compensation. This includes trust fund and VA claims.