How to File an Asbestos Claim
An asbestos claim is a legal action against companies that exposed a person to asbestos lawyer. The statute of limitations is a time limit within which lawsuits have to be filed.
Asbestos lawsuits may be filed by the living victims or their families. When a plaintiff passes away the estate representative of their estate may continue the case in the event of the wrongful death.
Work History
Asbestos victims need to give their lawyer documents that clearly indicate the date they were exposed to asbestos, their job was and for how long. This information will help the lawyer establish a direct connection between exposure to asbestos and the illness of the victim. A lawsuit involving asbestos may not be successful if evidence isn’t there.
Workers in an industrial environment are most likely to be exposed to asbestos. This exposure can also occur in churches and schools, hospitals, bases of military, and private residences. Asbestos is found in insulation, fireproofing materials pipes, shingles and pipes. Anyone who is exposed to these materials could inhale asbestos fibers and suffer respiratory problems and illnesses such as mesothelioma.
Many asbestos-producing companies were aware of its dangers, but chose to keep it quiet. This was done in order to safeguard the industry and increase profits. The companies did not begin to compensate those who were diagnosed with mesothelioma or other diseases due to asbestos exposure until the first lawsuits were filed.
A lawsuit against a company which manufactures asbestos is a difficult task. It can be difficult to identify the parties responsible since asbestos is no longer in use. There are a number of laws that can help victims identify 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 just a few examples.
Asbestos trust funds are usually responsible for compensating asbestos victims. These funds were created to assist victims of asbestos exposure receive compensation when the companies responsible for their exposure have gone bankrupt. In these cases an experienced attorney who specializes in asbestos litigation will know how to negotiate with these funds to get you the maximum compensation possible.
These cases are filed by the relatives of those who have died from mesothelioma, or another asbestos-related disease. This type of claim seeks to recover the unpaid funeral costs, medical expenses and loss of income of the deceased. These lawsuits also seek to hold asbestos companies responsible for their negligence.
Testimonials
You can sue companies who put you at risk if you’re diagnosed with mesothelioma or another asbestos-related disease. Your legal team will gather evidence to prove the companies that harmed you, including medical evidence of your diagnosis as well as the identification of the asbestos product. A lot of lawsuits involve dozens of defendants, as it’s typical for plaintiffs to have been exposed to different asbestos-related products during their professional careers.
A lawyer that specializes in mesothelioma cases will be able to identify the right defendants in your case even if they’ve gone bankrupt. Young Conaway Stargatt & Taylor has 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. He has also helped resolve over $2 billion of asbestos litigation.
In the past, law firms that specialize in asbestos litigation would seek clients and then “bundle” them together into groups to file lawsuits in large quantities. The idea was to overburden the judiciary and increase the wealth of lawyers. This skewed approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. It has also depleted funds that could have been made available to those who are likely to develop more serious illnesses in the future.
The current compensation systems require that attorneys classify claims based on diagnosis. This has led to an increase in the number of mesothelioma lawsuits. In addition, certain states have implemented tort reforms which have resulted in stricter medical criteria and an inactive docket, these changes have led to a decrease in new claim filing activity from 2004 to 2006.
You can also bring wrongful death lawsuits on behalf relatives of a loved one who died who died due to asbestos exposure. New York state laws allow families to take legal action within three years from the time they knew (or should have known) of the injury. Other states have different statutes of limitations. New Jersey and Pennsylvania require legal action within two-years.
Statute of Limitations
A statute of limitations is a law that establishes an expiration date for filing an claim. These deadlines vary from state to state. These deadlines usually are dependent on the date that the victim was exposed to asbestos or diagnosed with an asbestos-related illness. There are however a number of factors that could complicate these rules.
Many people who have been exposed to asbestos do not know they have been diagnosed with a condition until decades after their initial exposure. This is due to the time frame of mesothelioma’s latency and other asbestos-related ailments. It is important that mesothelioma patients and their families file a lawsuit immediately due to the latency period.
The statute of limitations is different in each state, but they generally start with the date of diagnosis. There are also states that have different statutes of limitation for wrongful death cases as opposed to personal injury claims. In general, the statutes of limitations are shorter than those for personal injury claims.
Asbestos victims and their families ought to consider hiring a mesothelioma lawyer as early as possible. The lawyer will go over all possible sources of compensation for clients and offer advice on the best time, place and how to file. A mesothelioma lawyer may also help if the statute has expired.
Lawyers for mesothelioma have the ability to offer options for obtaining compensation even if the statute has expired. This includes trust fund claims and other sources of financial assistance. They may be able file the claim in a state where the statute has not expired.
If the patient has not been diagnosed with mesothelioma, their statute of limitations starts when they are diagnosed with a related illness like asbestosis or lung cancer. Some states have “discovery statutes” that apply the same as the statutes of limitations that are used in traditional cases but begin at the date of diagnosis instead of exposure.
Mesothelioma lawyers must always discuss the statute of limitations with their clients and loved ones. A knowledgeable mesothelioma lawyer will provide state-specific laws and specific circumstances 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 will work with other lawyers to ensure that your case receives the best possible outcome.
Asbestos cases are different from other personal injury cases. The reason for this is that asbestos exposure occurred years ago, and a lot of the companies exposed have either declared bankruptcy or gone out of business. Often, the workers who were exposed don’t even remember where they worked and it is difficult 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 will be able to use the tools available in order to determine which companies were affected and when they worked at the place.
Once the asbestos lawyer has a better understanding of where the individual was exposed and what they did in the area, he or she can then engage medical experts to look over the evidence and create reports about how the exposure to asbestos triggered mesothelioma. It is important that the asbestos lawyer is able establish the causation aspect of the case, as without it, the victim might not qualify for compensation.
A mesothelioma lawyer will be able to gather the required information required to make 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, and medical records. Also, it includes the testimonials from other victims. A mesothelioma lawyer should be familiar with all of the different kinds of financial assistance that are available to victims and their families. This includes health insurance benefits, disability insurance, and Social Security benefits.
Hiring an experienced asbestos lawyer is crucial for anyone who has been diagnosed with mesothelioma or another asbestos-related illness. A lawyer is capable of helping patients decide which claim is appropriate for them, and then assist them complete the appropriate documentation. A mesothelioma lawyer who is experienced can assist people suffering from other asbestos-related illnesses to file claims for compensation, such as trust fund and VA claims.