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How to File an Asbestos Claim

A legal action is taken against companies who exposed a person or a company to asbestos. The statute of limitations is a period within which lawsuits have to be filed.

Asbestos lawsuits can be filed by victims who are alive or their families. When a plaintiff dies and their estate representative is appointed, they can pursue the case as a lawsuit for wrongful deaths.

Work History

Asbestos victims must submit to their lawyer documents that clearly state the date of their exposure to asbestos, the nature of their job was and the length of time. This information will assist the lawyer establish a direct connection between exposure to asbestos and the patient's condition. Without the proper evidence an asbestos lawsuit might not be able to progress.

Those who work in an industrial setting are more likely to be exposed to asbestos. However, this exposure also is common in schools, churches, hospitals, military bases and private residences. Asbestos is present in fireproofing and insulation materials, pipes and shingles. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma among those who are exposed to asbestos.

Many of the companies that manufactured asbestos were aware of the dangers, but chose to keep the information secret. This was a decision made in order to increase profits and safeguard the industry. It wasn't until first asbestos lawsuits were filed that these companies started to pay compensation to those who were diagnosed with mesothelioma and the other ailments caused by exposure.

A lawsuit against a business that produces asbestos can be a complicated process. Since asbestos is no longer used, it can be difficult to determine the parties responsible. There are a number of laws that can help victims determine the companies accountable 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 usually compensated by asbestos trust funds. These are funds that are created to assist victims of asbestos exposure get compensation if the businesses responsible for their exposure have gone under. In these cases an experienced lawyer who specializes in asbestos litigation will know how to negotiate with these funds to get you the most amount of compensation that is possible.

Families of those who have died from mesothelioma, or another asbestos-related disease, can make wrongful death claims. This type of claim seeks compensation for the deceased person's unreimbursed funeral expenses, medical bills and loss of income. These lawsuits are also designed to hold the asbestos companies responsible for their negligence.

Testimonials

Once you have been diagnosed with mesothelioma or an asbestos-related disease, you can make a claim against the companies that put you in harm's way. Your legal team will collect evidence to prove the businesses that caused harm to you, which includes medical evidence of your diagnosis as well as the identification of the asbestos product. Many lawsuits involve dozens or more defendants, as it's common for plaintiffs to have been exposed to a variety of asbestos products throughout their professional careers.

A lawyer who is specialized in mesothelioma cases will be able to identify the right defendants in your case, even if they have been bankrupt. Young Conaway Stargatt & Taylor has been focusing on asbestos bankruptcy cases since more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases. He has also helped settle more than $2 billion of asbestos litigation.

Law firms that specialized in asbestos litigation would "bundle" clients to file lawsuits in bulk. The aim was to overload the legal system and benefit lawyers. This biased approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. It also has drained funds that could have been available to those who are likely to contract more serious illnesses in the future.

The current compensation systems in place require attorneys to classify claims based on diagnosis. This has resulted in the reduction of mesothelioma lawsuits being filed. This is in addition to the fact that some states have enacted tort reforms that have resulted in stricter medical criteria and an inactive docket, these changes have led to the decrease in new claims being filed between 2004 and the year 2006.

You can also bring wrongful death lawsuits on behalf relatives of a loved one who died who died as a result of asbestos exposure. New York law allows families to start a lawsuit within three years of the time they became aware (or should have been aware) of an injury. Other states have different statutes of limitations. New Jersey and Pennsylvania require legal action within two years.

Statute of Limitations

A statute of limitation is a law that establishes the deadline to file an claim. The deadlines vary according to the state. They are often based on the date of the victim's exposure to asbestos or the date they were diagnosed with an asbestos-related illness. 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 mesothelioma latency period and other asbestos-related ailments. It is important that mesothelioma patients as well as their families file a lawsuit immediately due to the latency period.

The time limit for a statute of limitations differs in each state, but they generally begin from the date of diagnosis. There are some states with different statutes of limitations for wrongful deaths versus personal injury claims. In general, wrongful death statutes of limitation are less than those for personal injury claims.

Asbestos victims and their families should consider hiring mesothelioma lawyers as soon as is feasible. The lawyer will be able to evaluate the various options for compensation and give advice on how, where and when to file. A knowledgeable mesothelioma attorney can help in the event that the statute of limitations has already expired.

Mesothelioma lawyers may suggest alternatives for obtaining compensation even if the statute of limitations has passed for example, trust fund claims or 9363280.xyz other sources of financial assistance. They may be able file the claim in a place where the statute has not expired.

If the patient has not been diagnosed with mesothelioma or other cancers, the statute of limitations starts when they are diagnosed with a related illness, such as asbestosis or lung cancer. Certain states have "discovery" statutes that have the same effect as a traditional statute of limitations, but start with the date of diagnosis, not the initial exposure.

Mesothelioma lawyers must always discuss the statute of limitations with their clients and loved ones. An attorney for mesothelioma can explain the law of the state, as well as situations in which a statute of limitation may be suspended or tolled.

Hire a Lawyer

Asbestos attorneys know how to navigate the complicated asbestos litigation. They work with other attorneys to ensure that your case gets the highest chance of success.

Asbestos claims are different from other personal injury cases. The exposure to asbestos was years ago, and a lot of those companies have gone out of business or filed for bankruptcy. Many of the workers who were exposed to asbestos do not remember the places they worked in, and it can be difficult for them identify the exact locations they could have been in. This is why an experienced attorney is critical because they will be able to use the resources available to him or his disposal to discover the names of the companies that were exposed and the dates that they worked at.

Once the asbestos attorney has a better understanding of where the individual was exposed to asbestos and what they did in the area and what they did, he or she can then engage medical experts to look over the evidence and 9363280.xyz create reports on how exposure to asbestos triggered mesothelioma. It is crucial that the asbestos lawyer can establish the causation part of the case, as without it the victim may not be eligible for compensation.

A mesothelioma lawyer will also be able to collect the required information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's job as well as asbestos-related injuries medical records, testimony from other victims and more. A mesothelioma attorney should also be familiar with the various kinds of financial aid available to patients and their family members. This includes health insurance, disability insurance and Social Security benefits.

Anyone diagnosed with mesothelioma or any other asbestos-related condition should consult an asbestos lawyer. A lawyer will be in a position to assist patients decide which claim is appropriate for them, and then assist to file the proper paperwork. An experienced mesothelioma lawyer will assist those suffering from other asbestos-related diseases file claims for compensation, which includes trust fund and VA claims.