How to File an Asbestos Claim
An asbestos claim is a legal action against companies that exposed a person to asbestos. Lawsuits must be filed within a certain time period known as the statute of limitations.
Asbestos lawsuits may be filed by victims who are living or their families. When a plaintiff passes away and their estate representative is appointed, they can pursue the case as a lawsuit for wrongful death.
Work History
Asbestos sufferers must provide their lawyer with documents that clearly specify the date they were exposed to asbestos, what their job entailed and for how long. This will enable the lawyer to establish a direct link between asbestos exposure and the victim's illness. A lawsuit involving asbestos may not be successful if evidence is lacking.
Asbestos is most likely to be discovered in industrial environments. The exposure can also be found in schools and churches, hospitals, bases of military and private homes. Asbestos is found in pipes, shingles insulation, fireproofing materials. People who are exposed to these materials could inhale asbestos fibers and develop respiratory problems and diseases like mesothelioma.
Many companies that produced asbestos were aware of the dangers however they decided to not speak about it. This decision was made to ensure the safety of the industry and to increase profits. The companies did not begin to pay compensation to those who contracted mesothelioma and other illnesses due to asbestos exposure until the first lawsuits were filed.
A lawsuit against an asbestos firm is a complicated process. It can be difficult to identify the responsible parties since asbestos is no longer used. There are however many laws that can help victims identify 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 as well as the Safe Drinking Water Act and the Resource Conservation and Recovery Act.
Asbestos trust funds are generally responsible for compensating asbestos victims. These trust funds are established to assist victims of asbestos get compensation when the companies that exposed them have gone into bankruptcy. An experienced attorney who specializes in asbestos litigation is able to negotiate these funds and get the maximum amount of compensation.
The cases of wrongful death are filed by relatives of those who have passed away due to mesothelioma or another asbestos-related disease. This type of lawsuit seeks to recover the unpaid funeral costs, medical expenses and loss of income for the deceased. These lawsuits also seek to hold asbestos companies responsible for their negligence.
Testimonials
You can sue companies that put you at risk, if you're diagnosed with mesothelioma or another asbestos-related condition. Your legal team will collect evidence to prove the companies that harmed you, including medical proof of diagnosis and the identification of asbestos products. Many lawsuits involve dozens or more defendants, since it is typical for plaintiffs to be exposed to various asbestos-related products over the course of their careers.
A lawyer who is specialized in mesothelioma cases will find the right defendants in your case, even if they have gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have worked on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds mesothelioma lawsuits and helped resolve asbestos litigation worth more than $2 billion.
Boise City asbestos attorneys that were specialized in asbestos litigation would "bundle" clients to file lawsuits in mass. The goal was to overwhelm judicial systems and enrich lawyers. This unbalanced approach to litigation has harmed plaintiffs, according to the U.S. Department of Justice. It also drained funds that could have been made available to people who are likely to develop more serious illnesses in the future.
The current compensation systems require that attorneys group claims based on diagnosis. This has led to the reduction of mesothelioma claims being filed. These changes, in addition to the fact some states have passed reforms to tort law, which 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 also make claims for wrongful death for family members who have lost a loved one 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. In other states the statutes of limitation differ in New Jersey and Pennsylvania requiring legal action within two years.
Statute of Limitations
A statute of limitations is a law that establishes a time limit for filing a legal claim. The deadlines for filing a claim vary from state to state. They are often dependent on the date of the person's exposure to asbestos or when they were diagnosed with an asbestos-related disease. There are many factors that can complicate the rules.
Many people exposed to asbestos don't realize they've been diagnosed with a condition until decades after their first exposure. This is due to the latency period for mesothelioma, and other asbestos-related illnesses. Due to the latency period it is essential for mesothelioma sufferers and their families to file a lawsuit as soon as they can.
The time limit for a statute of limitations varies from state to state however, in the majority of cases, it begins with the date of diagnosis. Some states have different statutes for wrongful-death cases and personal injury claims. In general, wrongful death statutes of limitation are less than those for personal injury claims.
Asbestos patients and their families should consult an attorney for mesothelioma as soon as possible. The lawyer will be able to evaluate all potential sources of compensation and provide guidance on the best way, where and when to file. A mesothelioma lawyer can also help if the statute is expired.
Lawyers for mesothelioma can suggest ways to get compensation, even if the statute has expired. These include trust fund claims and other sources of financial aid. They might be able to file the claim in a place where the statute of limitations hasn't expired.
If the victim is not diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed as having a related condition such as asbestosis or lung cancer. Some states have "discovery statutes" which apply the same as the traditional statutes of limitations, but start at the date of diagnosis, not the date of exposure.
Mesothelioma lawyers should 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 where the statute of limitations can be suspended or tolled.
Hire a lawyer
Asbestos lawyers know how to navigate the complexities of asbestos litigation. They will work with other lawyers to ensure that your case is given the best possible result.
Asbestos cases are very different from other personal injury cases. The reason for this is that the exposure to asbestos occurred years ago, and a lot of the companies exposed have either declared bankruptcy or have gone out of business. The majority of the workers who were exposed to asbestos don't even remember where they worked, and it is difficult to pinpoint the locations in which they could have been exposed. This is why a seasoned attorney is critical because he or she will be able to use the resources at his or his disposal to discover the names of the businesses which were exposed as well as the dates when they worked for them.
Once the asbestos attorney has a clear idea of the location and how the victim was exposed to asbestos, he is able to have medical experts review and report regarding the cause of mesothelioma. It is crucial that the asbestos attorney is able to establish the causation element of the case because without it, the victim may not be eligible for compensation.
A mesothelioma lawyer will be able to gather the required information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information about the victim's work and asbestos-related injuries, medical records, testimonies from other victims and more. Additionally, a mesothelioma lawyer must be familiar with all of the different kinds of financial assistance available to patients and their families. This includes health insurance, disability insurance, and Social Security benefits.
Anyone diagnosed with mesothelioma, or any other asbestos-related illness is advised to consult an asbestos lawyer. A lawyer is able to help individuals decide which claim is best for them and help them complete the appropriate documents. An attorney for mesothelioma can assist people suffering from other asbestos-related diseases file for compensation. This includes trust funds and VA claims.