공지사항

How to File an Asbestos Claim

A legal action is taken against companies who exposed a person or company to asbestos. The lawsuit must be filed within a certain time frame known as the statute of limitations.

Asbestos lawsuits can be filed by those who are alive or their families. When a plaintiff passes away and their estate representative is appointed, they can pursue the case as a wrongful death lawsuit.

Work History

Asbestos sufferers must submit to their lawyer documents that clearly specify the date of their exposure to asbestos, the nature of their job was and for how to claim for asbestos exposure long. This information will assist the lawyer establish a direct link between that exposure and the illness of the victim. A lawsuit involving asbestos may not be successful if evidence is not there.

Workers in an industrial environment are more likely to be exposed to asbestos. This exposure can also occur in churches and schools as well as hospitals, bases of military, as well as private homes. Asbestos is present in fireproofing, insulation pipes, shingles, and pipes. Asbestos fibers can cause respiratory issues and diseases such as mesothelioma among those who are exposed to the material.

Many asbestos-producing companies were aware of the dangers, but chose to remain silent about the dangers. This was done to ensure the safety of the industry and to increase profits. These companies did not begin to pay compensation to those who were diagnosed with mesothelioma or other ailments due to asbestos exposure until the first lawsuits were filed.

A lawsuit against an asbestos-related company is a complex task. It is difficult to determine the parties responsible since asbestos is no longer used. However, there are many laws that assist victims in identifying the companies responsible for their exposure. 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 all examples.

Asbestos victims are usually compensated by asbestos trust funds. These funds are created to help injured victims get compensation when the companies which exposed them have gone into bankruptcy. In these instances an experienced attorney who specializes in asbestos claims government litigation will know how to negotiate with these funds and get you the most amount of compensation that is possible.

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

Testimonials

Once you have been diagnosed with mesothelioma or an asbestos-related illness, you may bring a lawsuit against the businesses that put you in harm's way. Your legal team will gather proof to prove that the companies caused harm to you. This includes medical evidence of your diagnosis as well as asbestos product identification. A lot of lawsuits involve dozens of defendants, as it is common for plaintiffs to be exposed to various asbestos-related products throughout their careers.

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

Firms that were specialized in asbestos litigation would "bundle" clients together to file lawsuits in mass. The aim was to overload the judiciary and increase the wealth of lawyers. According to the U.S. Department of Justice, this skewed litigation approach has been detrimental to plaintiffs. It has also depleted funds which could have been provided to individuals who are expected to develop more serious diseases in the near future.

The current compensation systems in place require attorneys to group claims based on diagnosis. This has led to a decreased number of mesothelioma claims being filed. These changes, as well as the fact that certain states have enacted reforms in tort law, which have led to in a stricter medical criterion as well as an inactive docket have led to a decrease in the number of new claims filed from 2004 to 2006.

You can also make wrongful death lawsuits on behalf of relatives of a deceased loved one who died from asbestos exposure. New York state laws allow families to pursue legal action within three years from the time they became aware (or should have known) 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 limitation is a law which sets a deadline to file an claim. These deadlines vary by state. They are usually based on the date of the person's exposure to asbestos or when they were diagnosed with an asbestos-related illness. However, there are a variety of factors that could complicate the rules.

Many people who have been exposed to asbestos do not realize that they are suffering from a disease for a long time following the initial exposure. This is due to the mesothelioma's latency time, and other asbestos-related diseases. It is crucial that mesothelioma patients as well as their families file a lawsuit right away 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. Certain states have different statutes of limitations for wrongful-death cases and personal injury claims. In general, the statutes of limitation are shorter than those for personal injury claims.

Asbestos patients and their families should hire a mesothelioma attorney as soon as possible. The lawyer can review all of the potential sources of compensation for a client and advise on when, where and the best way to file. Additionally, an experienced mesothelioma lawyer can assist if the statute of limitations has already expired.

Mesothelioma lawyers can suggest options to obtain compensation even in the event that the statute of limitations has run out, such as trust fund claims or other sources of financial assistance. They might also be able to file the claim in another jurisdiction where the statute of limitations has not yet expired.

If the person is not diagnosed with mesothelioma the statute of limitation begins when they are diagnosed with an associated condition, like asbestosis or lung cancer. Some states have "discovery" statutes that have the same effect as a standard statute of limitations, but start at the time of the diagnosis, not the initial exposure.

Mesothelioma lawyers must always discuss the statute of limitations with their clients and family members. A mesothelioma lawyer who is knowledgeable can explain state laws as well as specific situations in which a statute of limitations may be tolled or suspended.

Hire a Lawyer

Asbestos attorneys know how to navigate through the complexities of asbestos litigation. They will work with other attorneys to ensure your case has the highest chance of success.

Asbestos claims are different from other personal injury cases. The reason for this is that asbestos exposure happened years ago, and a lot 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's difficult for them to determine the places where they might have been exposed. An experienced attorney can help you with this because he/she will be able to use the resources available to to find out what companies were exposed and the time they worked at the place.

When the asbestos attorney has a better understanding of the place and how the victim was exposed to asbestos, he is able to get medical experts to review and write reports on the causes of mesothelioma. It is essential that the asbestos lawyer is able establish the causation aspect of the case because without it the victim may not be eligible for compensation.

A mesothelioma lawyer will also be able gather the information required to bring a lawsuit against asbestos as well as trust fund claims for the victim. This includes gathering information about the victim's occupation as well as asbestos-related injuries, and medical records. It also includes testimonials from other victims. A mesothelioma lawyer should be aware of the different types of financial aid that are available to victims and family members. 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 other asbestos-related illness. A lawyer can be capable of helping patients decide which claim is the best for them, and how to File an Asbestos claim then assist to file the proper paperwork. A mesothelioma lawyer who is experienced can assist those suffering from other asbestos-related illnesses to file for compensation, including trust fund and VA claims.