A An Instructional Guide To Asbestos Claim From Start To Finish
How to File an Asbestos Claim
A legal action is initiated against companies that exposed a person to asbestos. The statute of limitations is a time period within which lawsuits have to be filed.
Asbestos lawsuits can be filed by the living victims or their families. When a plaintiff passes away, their estate representative may continue the case in a lawsuit for wrongful deaths.
Work History
Asbestos victims need to submit to their lawyer documents that clearly state the date of their exposure to asbestos, the nature of their job entailed and for how long. This information will help the lawyer establish a direct link between the exposure and the illness of the victim. Without the right evidence, an asbestos lawsuit may not be able to proceed.
People who work in an industrial setting are most likely to be exposed to asbestos. However, exposure to asbestos could occur in schools, churches or military bases, hospitals and in private homes. Asbestos can be present in shingles, pipes insulation, fireproofing, and insulation materials. Anyone who is exposed to these materials could inhale asbestos fibers and suffer respiratory problems and other illnesses, such as mesothelioma.
Many companies that made asbestos were aware of the dangers, but chose to keep it quiet. This was a decision taken to boost profits and safeguard the industry. It wasn't until first asbestos lawsuits were filed that these companies began to compensate those who were diagnosed with mesothelioma and the other diseases due to exposure to asbestos.
A lawsuit against an asbestos-related company can be a difficult task. Because asbestos is no longer used it can be difficult to determine who is responsible. There are many laws that can help victims identify the companies responsible for their asbestos exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) as well as the Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.
Asbestos victims are typically compensated by asbestos trust funds. These are funds that are established to help injured victims receive compensation when the companies responsible for their exposure have gone under. In these situations, an experienced attorney specializing in asbestos litigation will know how to negotiate with these funds to get you the most amount of compensation you can get.
Families of people who died from mesothelioma, or an asbestos-related illness, can file wrongful death cases. This type of lawsuit seeks damages for the deceased person's unreimbursed funeral expenses, medical bills and loss of income. These lawsuits also aim to hold asbestos companies responsible for their wrongful conduct.
Testimonials
If you've been diagnosed with mesothelioma, or another asbestos-related illness, you may file a lawsuit against the companies that put you in danger. Your legal team will gather evidence to prove that the companies harmed you. This includes medical proof of your diagnoses and asbestos product identification. A lot of lawsuits involve dozens of defendants, as it is typical for plaintiffs to have been exposed to various asbestos-related products during their professional careers.
A lawyer who is specialized in mesothelioma cases will to locate the right defendants in your case even if they've been bankrupt. Young Conaway Stargatt & Taylor has been focusing on asbestos lawyers bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has been involved in hundreds of mesothelioma cases. He has also helped settle more than $2 billion in asbestos litigation.
In the past lawyers who specialized in asbestos litigation would solicit clients and then "bundle" them into groups to file lawsuits in bulk. The idea was to overburden the judicial system and to increase the wealth of lawyers. This unbalanced approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. It also has drained funds which could have been provided to people who are likely to develop more serious illnesses in the future.
The current compensation system requires that attorneys categorize claims based on the diagnosis. This has led to an increase in mesothelioma lawsuits being filed. These changes, in addition to the fact some states have passed reforms to tort law that have resulted in a stricter medical criterion as well as an inactive docket have contributed to a decrease in the number of new claims that were filed from 2004 to 2006.
You can also make wrongful death lawsuits on behalf of family members of a loved one who died who died 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 known) of the injury. In other states the statutes of limitations differ, with New Jersey and Pennsylvania requiring legal action within two years.
Statute of Limitations
A statute of limitations is a law that sets an expiration date for filing a legal claim. These deadlines vary by state. These deadlines are usually based on when the victim was exposed to asbestos or diagnosed with an asbestos-related disease. However, there are several aspects that can alter the rules.
Many asbestos-related exposure victims don't realize they've been diagnosed with a condition until years after their initial exposure. This is due to the time frame of mesothelioma's latency and other asbestos-related diseases. Because of the latency period it is crucial for mesothelioma sufferers and their families to file a lawsuit as soon as they can.
The statute of limitations varies by state, but most start from the date of diagnosis. There are also states that have different statutes of limitation for wrongful death cases versus personal injury claims. In general, the statutes of limitation are shorter than personal injury ones.
Asbestos patients and their families should hire an attorney for mesothelioma immediately. The lawyer will review all the possible sources of compensation for a client and provide advice on when, where and the best way to file. A mesothelioma lawyer could also help if the statute is expired.
Mesothelioma lawyers can suggest options for obtaining compensation even in the event that the statute of limitations has expired for example, trust fund claims or other sources of financial assistance. They might also be in a position to file the claim in another jurisdiction where the statute of limitations hasn't yet expired.
If the patient has not been diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed with a congenital condition, such as asbestosis or lung cancer. Some states have "discovery" statutes, which apply the same as a standard statute of limitations but start at the time of the diagnosis, not the initial exposure.
Mesothelioma lawyers should always discuss the statute of limitations with their clients and family members. A knowledgeable mesothelioma lawyer can explain the laws of the state, as well as specific circumstances where a statute of limitations may be tolled or suspended.
Hire a Lawyer
Asbestos lawyers know how to navigate the complex asbestos litigation. They will collaborate with other lawyers to ensure your case has the highest chance of success.
asbestos attorneys claims differ from other personal injury cases. The asbestos exposure took place decades ago, and many of the companies affected have been shut down or filed for bankruptcy. Often, the workers who were exposed to asbestos don't even remember where they worked, and it's difficult for them to identify the locations in which they could have been exposed. This is where an experienced attorney is critical because they will be able to use the resources at his disposal to determine the names of the companies that were harmed and the dates they worked at.
When the asbestos attorney has a better idea of the location and how the victim was exposed to asbestos, he will be able to engage medical experts to examine and write reports regarding the cause of mesothelioma. It is essential that the asbestos lawyer is able to determine the causation element of the case, as without it the victim may not be eligible for compensation.
A mesothelioma lawyer will also be able to gather the data needed to bring a lawsuit against asbestos as well as a trust fund claim for the victim. This includes gathering information on the victim's work as well as asbestos-related injuries medical records, testimonials from other victims, and more. A mesothelioma lawyer should be familiar with the various types of financial aid available to victims and family members. This includes benefits from health insurance as well as disability insurance. Social Security benefits.
Engaging an experienced asbestos lawyer is crucial for anyone diagnosed with a mesothelioma or another asbestos-related illness. An attorney can help determine the kind of claim they need to submit and assist them in filling out the paperwork. An experienced mesothelioma lawyer can also help people with other asbestos-related illnesses file for compensation, including trust fund and VA claims.