How to File an Asbestos Claim
An asbestos claim is a legal action against companies that exposed someone to asbestos. The lawsuit must be filed within a specified time period, also called the statute of limitations.
Asbestos lawsuits can be brought by living victims or their families. When a plaintiff dies the estate representative of their deceased victim can pursue the case as a wrongful death lawsuit.
Work History
Asbestos-related victims need to provide their lawyer's documents that clearly specify when they were exposed to asbestos, what their job responsibilities are and the length of time they were exposed to asbestos. 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 is lacking.
Those who work in an industrial setting are most likely to be exposed to asbestos. The exposure can also be found in schools and churches, hospitals, bases of military and private residences. Asbestos can be found in fireproofing and insulation materials, pipes and shingles. People who are exposed to these materials can inhale asbestos fibers and develop respiratory issues and other illnesses, such as mesothelioma.
Many companies that produced asbestos were aware of the dangers, but chose to not speak about it. This was a choice made to boost profits and protect the industry. The companies did not begin to compensate those who developed mesothelioma or other illnesses as a result of asbestos exposure until the first lawsuits were filed.
A lawsuit against a company which manufactures asbestos is a complicated task. It is difficult to determine the responsible parties since asbestos is no longer in use. There are a variety of laws that can assist victims find the companies responsible for their asbestos 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.
Trust funds for asbestos are typically responsible for paying compensation to asbestos victims. These funds are set up to help injured victims receive compensation when the companies who exposed them went into bankruptcy. An experienced attorney who specializes in asbestos litigation is able to negotiate these funds to ensure the maximum compensation.
Families of those who have died from mesothelioma, or an asbestos-related disease, can file wrongful death cases. This type of lawsuit seeks compensation for unpaid medical bills, funeral costs and loss of income. These lawsuits also seek to hold asbestos companies accountable for their wrongful conduct.
Testimonials
If you've been diagnosed with mesothelioma or an asbestos-related disease, you can file a lawsuit against the companies that put you in danger. Your legal team will collect evidence to prove the companies who caused you harm, such as medical proof of diagnosis as well as the identification of the asbestos product. Because it is commonplace for plaintiffs have been exposed to different asbestos products throughout their lives A lot of lawsuits contain multiple defendants.
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 involved in 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.
Law firms that specialized asbestos litigation would "bundle" clients together to file lawsuits on a mass basis. The idea was to overburden the judicial system and to increase the wealth of lawyers. This biased approach to litigation has harmed plaintiffs according to the U.S. Carlsbad asbestos lawyers of Justice. It has also depleted funds that could have been available to people who are likely to develop more serious illnesses in the future.
The current compensation system demands that attorneys group claims based on diagnosis. This has resulted in a decreased number of mesothelioma lawsuits being filed. These changes, along with the fact 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 make claims for wrongful death for family members who have lost loved ones due to asbestos exposure. New York state laws allow families to take legal action within three years of when they were aware (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 limitation is a law that sets the deadline for filing a claim. These deadlines vary from state to state. They usually are determined by the date of the person's exposure to asbestos or when they were diagnosed with an asbestos-related illness. There are a variety of factors that can complicate the rules.
Many people exposed to asbestos do not know they have been diagnosed with a condition until years after their initial exposure. This is due to the mesothelioma's latency time, and other asbestos-related diseases. It is important that mesothelioma patients and their families file a lawsuit right away due to the latency period.
The statute of limitations is different according to state, but the majority start from the date of diagnosis. Some states have different statutes for wrongful-death cases and personal injury claims. In general, the statutes of limitations are less than personal injury ones.
Asbestos victims and their families should think about hiring a mesothelioma lawyer as early as is feasible. The lawyer will be able to evaluate the various options for compensation and give advice on the best way, where and when to file. A mesothelioma lawyer could also help if the statute is expired.
Mesothelioma lawyers may suggest alternatives to obtain compensation even if the statute of limitations has run out for example, trust fund claims or other sources of financial assistance. They might be able to file the claim in a place where the statute of limitations hasn't expired.
If the patient has not been diagnosed with mesothelioma, their time limit begins when they are diagnosed with a related illness, such as asbestosis or lung cancer. Certain states have "discovery" statutes that follow the same rules as a standard statute of limitations but start at the time of the diagnosis instead of the first exposure.
Mesothelioma lawyers should always discuss the statute of limitations with their clients and family members. A knowledgeable mesothelioma lawyer can explain the laws of the state and specific circumstances where the statute of limitations can be extended or suspended.
Hire a Lawyer
Asbestos lawyers know how to navigate the complicated asbestos litigation. They will work with other attorneys to ensure that your case gets the most favorable outcome.
Asbestos lawsuits differ from other personal injury cases. The reason for this is that asbestos exposure occurred decades ago and many of the companies exposed have either declared bankruptcy or gone out of business. Many times, those who were exposed to asbestos don't even remember where they worked and it is difficult to pinpoint the locations where they may have been exposed. A knowledgeable attorney can assist you in this regard as he or she can use the resources available to in order to determine which companies were affected and when they worked for them.
When the asbestos attorney has a better understanding of the place and how the victim was exposed to asbestos, he is able to engage medical experts to examine and prepare reports on the cause of mesothelioma. It is essential that the asbestos lawyer is able establish the causation part of the case because without it the victim may not qualify 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 job and asbestos-related injuries, medical records, testimonies from other victims, and more. A mesothelioma attorney should also be knowledgeable about the various types of financial aid available to victims and family members. This includes disability insurance, health insurance insurance and Social Security benefits.
Anyone diagnosed with mesothelioma, or any other asbestos-related disease should consult an asbestos lawyer. A lawyer can assist patients determine what type of claim they should submit and assist in filling out the paperwork. A mesothelioma lawyer can help those with other asbestos-related diseases file for compensation. This includes trust fund and VA claims.