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How to File an Asbestos Claim

A legal action is initiated against companies who exposed a person or company to asbestos. Lawsuits must be filed within a specified time period, also known as the statute of limitations.

Asbestos lawsuits can be filed by those who are alive or their families. If a plaintiff dies, their estate representative may continue the case in a wrongful death lawsuit.

Work History

Asbestos victims must provide their lawyer with documents that clearly indicate the date they were exposed to asbestos claims after death, their job was and the length of time. This information will help the lawyer establish a direct link between the exposure and the victim's illness. A lawsuit involving asbestos may not be successful if the evidence is lacking.

People who work in an industrial setting are most likely to be exposed to asbestos. The exposure can also be found in churches and schools and hospitals, as well as bases of military, as well as private homes. Asbestos can be present in shingles, pipes insulation, fireproofing materials. People who are exposed to these materials can inhale asbestos fibers and suffer respiratory problems and other illnesses, such as mesothelioma.

Many asbestos-producing companies were aware of its dangers, but chose to remain silent about the dangers. This was done in order to safeguard the industry and increase profits. It was not until the first asbestos lawsuits were filed that the companies began to compensate those who contracted mesothelioma or other ailments caused by exposure.

A lawsuit against an asbestos-related company can be a difficult task. It can be difficult to identify the responsible parties since asbestos is no longer in use. However, there are a variety of laws that help victims find the companies responsible for their exposure. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund, the Safe Drinking Water Act and the Resource Conservation and Recovery Act.

Asbestos trust funds are usually responsible for compensating asbestos victims. These are funds that are established to help injured victims receive compensation when the companies responsible for their exposure have gone under. An experienced attorney who is skilled in asbestos litigation is able to negotiate these funds to ensure the maximum amount of compensation.

Families of those who have died from mesothelioma, or another asbestos-related illness, may make wrongful death claims. This type of lawsuit seeks compensation for unpaid funeral costs, medical expenses and loss of income. These lawsuits are also designed to hold the responsible asbestos companies accountable for their negligence.

Testimonials

You can sue the 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 businesses that caused harm to you, which includes medical evidence of your diagnosis and the identification of asbestos products. A lot of lawsuits involve dozens of defendants, since it is typical for plaintiffs to have been exposed to different asbestos-related products throughout their career.

A lawyer who specializes on mesothelioma cases will find the right defendants in your case even if they've been bankrupt. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds mesothelioma lawsuits and helped settle asbestos claim payouts-related litigation that amounted to more than $2 billion.

Law firms that specialized asbestos litigation would "bundle" clients together to file lawsuits in bulk. The aim was to overload the judicial system and to enrich lawyers. According to the U.S. Department of Justice this biased approach to litigation has hurt plaintiffs. The result is that funds are being drained that would have been available for individuals who will develop more serious illnesses in the near future.

The current compensation systems in place require attorneys to group claims asbestos compensation based on diagnosis. This has resulted in an increase in the number of mesothelioma lawsuits. These changes, along with the fact that certain states have passed reforms to tort law that have led to a stricter medical criterion and an inactive docket have led to a decrease in number of new claims filed from 2004 to 2006.

You can also make wrongful death lawsuits on behalf of relatives 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 when they became aware (or should have been aware) of the injury. In other states the statutes of limitation differ and include New Jersey and Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitations is a law which sets an expiration date for filing a claim. The deadlines for filing a claim vary from state to state. They are often based on the date of the person's exposure to asbestos claims lawyers 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 who have been exposed to asbestos are not aware that they are suffering from a disease for decades after the initial exposure. This is due to the latency period for mesothelioma, and other asbestos-related illnesses. Because of the latency period it is crucial for mesothelioma sufferers and their families to make a claim as soon as they can.

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

Asbestos patients and their families should hire a mesothelioma attorney as soon as possible. The lawyer will go over all the possible sources of compensation for clients and firms advise on the best time, place and the best way to file. A mesothelioma lawyer may also help if the statute of limitations has expired.

Lawyers for mesothelioma can suggest options to obtain compensation even if the statute has run out. These include trust fund claims as well as other sources of financial aid. They may be able file the claim in a state in which the statute of limitations has not expired.

If the patient has not been diagnosed with mesothelioma, their statute of limitations begins when they are diagnosed with a related condition like asbestosis or lung cancer. Some states have "discovery" statutes, which have the same effect as a traditional statute of limitations, but begin with the date of diagnosis instead of the first exposure.

Mesothelioma attorneys should always discuss limitations statutes with their clients and their loved ones. A mesothelioma lawyer can explain the state law as well as the circumstances in which a statute of limitation may be suspended or tolled.

Hire 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 exposure to asbestos occurred decades ago, and many of those companies have been shut down or filed for bankruptcy. Many of the workers who were exposed to asbestos do not remember the places they worked in and it may be difficult for them identify the places they might have worked in. This is why an experienced attorney is critical because he or she will be able to use the resources at his or his disposal to determine the names of the companies that were exposed and the dates when they worked there.

Once the asbestos lawyer has an understanding of the place the individual was exposed to asbestos and what they did in the area, he or she can then get medical experts to review the evidence and write reports about how the exposure to asbestos caused mesothelioma. It is important that the asbestos lawyer can determine the causation element of the case because without it, the victim may not be eligible for compensation.

A mesothelioma attorney will also be able to collect the information required to make a claim against asbestos and a trust fund claim for the victim. This includes gathering information about the victim's occupation, asbestos-related injuries and medical records. Additionally, they can gather testimonials from other victims. A mesothelioma lawyer should be familiar with the various types of financial aid available to victims and their family members. This includes benefits from health insurance as well as disability insurance and Social Security benefits.

Anyone diagnosed with mesothelioma, or any other asbestos-related disease, should hire an asbestos lawyer. A lawyer can assist patients determine what is the statute of limitations on asbestos claims kind of claim they need to submit and assist them in filling the necessary paperwork. An attorney for mesothelioma can assist people suffering from other asbestos-related diseases to file for compensation. This includes trust fund and VA claims.