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How to File an Asbestos Claim

An asbestos claim is a legal proceeding against companies that exposed a person to asbestos. The statute of limitations is a period within which lawsuits must be filed.

Asbestos lawsuits can be filed by those 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-related victims have to give their lawyer documents that clearly state when they were exposed to asbestos, what their job responsibilities are and how long. This information will allow the lawyer to establish a direct connection between the asbestos exposure and the victim’s health condition. A lawsuit involving asbestos may not be successful if the evidence is lacking.

Those who work in an industrial setting are more likely to be exposed to asbestos. However, this exposure also can occur in schools, churches or hospitals, military bases and in private homes. Asbestos is found in fireproofing, insulation, pipes and shingles. Anyone who is exposed to these materials may inhale asbestos fibers and develop respiratory issues and illnesses such as mesothelioma.

Many of the companies that manufactured asbestos knew of its dangers, but decided to keep the information secret. This was a decision taken to boost profits and protect the industry. The companies did not begin to compensate people who developed mesothelioma or other diseases due to asbestos exposure until the first lawsuits were filed.

A lawsuit against an asbestos company is a complex task. It can be difficult to identify the responsible parties since asbestos is no more in use. There are many laws that can assist victims identify the companies responsible for their exposure to asbestos lawyers. 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 generally responsible for paying compensation to asbestos victims. These funds are established to help injured victims get compensation if the businesses responsible for their exposure have gone into bankruptcy. A skilled attorney who specializes in asbestos litigation knows how to negotiate these funds and get the most compensation.

The cases of wrongful death are filed by the family members of those who have passed away from mesothelioma, or another asbestos-related disease. This type of lawsuit seeks compensation for the unreimbursed funeral expenses, medical bills and loss of income. These lawsuits also seek to hold asbestos companies accountable for their negligence.

Testimonials

You can sue companies that put you at risk, if you're diagnosed with mesothelioma, or any other asbestos-related illness. Your legal team will collect evidence to prove that the companies that harmed you, including medical proof of your diagnosis and the identification of asbestos lawsuit products. Many lawsuits involve dozens of defendants, as it's common for plaintiffs to be exposed to various asbestos-related products during their careers.

A lawyer that specializes in mesothelioma cases will be able to locate the right defendants in your case, even if they have gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds mesothelioma lawsuits and helped settle asbestos lawsuit-related litigation that amounted to more than $2 billion.

Firms that were specialized in asbestos litigation would "bundle" clients to file lawsuits in bulk. The aim was to overload 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 sucked up funds that could have been made available for individuals who will develop more serious illnesses in the future.

The current compensation system requires attorneys group claims according to diagnosis. This has resulted in a decreased number of mesothelioma lawsuits being filed. These changes, along with the fact that some states have enacted reforms in tort law that have led to in a stricter medical criterion as well as an inactive docket, have led to a decrease in number of new claims filed between 2004 to 2006.

In addition to mesothelioma lawsuits, you can file wrongful death claims for family members who lost a loved one because of asbestos exposure. New York law allows families to file a lawsuit within three years from the time they became aware (or were aware) 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 limitations is a law that imposes an expiration date for filing a legal claim. The deadlines for filing a claim vary from state to state. These deadlines are usually dependent on the date that the victim was exposed to asbestos or diagnosed with an asbestos-related illness. However, there are a variety of factors that could complicate these rules.

Many people who have been exposed to asbestos are unaware of the existence of a condition for decades after the initial exposure. This is due the mesothelioma's latency time, and other asbestos-related diseases. Due to the latency period it is essential for mesothelioma patients and their families to start a lawsuit as soon as possible.

The statute of limitation varies from state to state but generally starts with the date of diagnosis. Certain states have different statutes for personal injury and wrongful death claims. In general, the statutes of limitation are shorter than personal injury ones.

Asbestos victims and their families should consider hiring a mesothelioma lawyer as early as is possible. The lawyer can review all possible sources of compensation and provide guidance on the best way, where and when to file. A mesothelioma lawyer may assist if the statute has expired.

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

If the victim has not been diagnosed with mesothelioma or other cancers, the time limit begins when they are diagnosed with a related condition like asbestosis or lung cancer. Certain states have "discovery statutes" which apply the same as traditional statutes of limitations but begin at the time of diagnosis, not exposure.

Mesothelioma lawyers must always discuss the statute of limitations with their clients and loved ones. A mesothelioma lawyer who is knowledgeable can explain state laws and specific situations in which the statute of limitations could be suspended or tolled.

Employ a lawyer

Asbestos lawyers are able to navigate the complex asbestos litigation. They work with other lawyers to ensure that your case receives the best possible outcome.

Asbestos claims differ from other personal injury cases. The main reason is that the exposure to asbestos occurred several decades ago and many of the companies that were exposed have either declared bankruptcy or are out of business. The majority of the workers who were exposed do not even remember where they worked, and it is difficult for them to determine the locations where they may have been exposed. A knowledgeable attorney can assist you with this as he/she can use the resources available to for determining which companies were affected and when they worked for them.

Once the asbestos attorney has an understanding of the place the person was exposed and what they did in the area and what they did, he or she can then get medical experts to look over the evidence and create reports on how exposure to asbestos triggered the mesothelioma. It is crucial that the asbestos attorney is able to establish the causation component of the case as without it, the victim could not be able to claim compensation.

A mesothelioma lawyer will also be able to collect the information required to make a claim against asbestos and 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, testimonials from other victims, and more. A mesothelioma lawyer should be knowledgeable about the various kinds of financial aid that are available to patients and their family members. This includes benefits from health insurance, disability insurance, and Social Security benefits.

Employing an experienced asbestos lawyer is essential for anyone who has been diagnosed with mesothelioma or other asbestos-related illness. A lawyer can assist patients determine the type of claim they should submit and assist them in filling the necessary paperwork. An experienced mesothelioma lawyer will assist those suffering from other asbestos-related illnesses to file for compensation, including trust fund and VA claims.