How to File an Asbestos Claim

An asbestos claim is a legal action brought against companies that exposed a person to asbestos. The lawsuit must be filed within a specified time period, also known as the statute of limitations.

Asbestos lawsuits can be brought by victims who are living or their families. If a plaintiff dies the estate representative of their estate may continue the case under the wrongful death.

Work History

Asbestos-related victims must give their lawyer's documents that clearly specify when they were exposed to asbestos, what their job responsibilities are and the time for exposure. This will enable the lawyer to establish a direct link between asbestos exposure and the victim’s illness. A lawsuit involving asbestos could not be successful if evidence is not there.

Workers in an industrial environment are most likely to be exposed to asbestos. However, exposure to navy asbestos claims is common in schools, churches, hospitals, military bases and private residences. Asbestos is found in insulation, fireproofing materials pipes, shingles, Can i Claim compensation for asbestos exposure and pipes. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma among those who are exposed to asbestos.

Many of the companies that produced asbestos knew of its dangers, but chose to keep this information quiet. This was a choice made to boost profits and safeguard the industry. These companies did not begin to compensate those who contracted mesothelioma and other illnesses as a result of asbestos exposure until the first lawsuits were filed.

A lawsuit against a company that manufactures asbestos is a complicated task. Because asbestos is no longer in use it Can I claim compensation For asbestos exposure be a challenge to identify the responsible parties. However, there are many laws that assist victims in identifying the companies that are 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 usually accountable for the payment of asbestos victims. These funds are set up to help injured victims receive compensation when the companies who exposed them went into bankruptcy. In these situations an experienced lawyer who specializes in asbestos litigation will be able to bargain with these funds and ensure you receive the highest amount of amount of compensation you can get.

These cases are filed by the family members of people who have died due to mesothelioma or an asbestos-related disease. This type of claim seeks compensation for unpaid funeral costs, medical expenses and loss of income. These lawsuits are also designed to hold the asbestos companies responsible for their negligence.

Testimonials

You can sue the companies that put you at risk if you're diagnosed with mesothelioma or another asbestos-related condition. Your legal team will gather evidence to prove the companies who caused you harm, such as medical evidence of your diagnosis as well as the identification of the asbestos product. Because it is commonplace for plaintiffs have been exposed different asbestos products throughout their lives, many lawsuits involve multiple defendants.

A lawyer who specializes on mesothelioma cases will be able find the right defendants in your case even if they've been bankrupt. Young Conaway Stargatt & Taylor has been focusing on asbestos bankruptcy cases since more than 30 years. James Patton has worked on hundreds mesothelioma lawsuits and helped resolve asbestos litigation worth over $2 billion.

Law firms that specialized in asbestos litigation would "bundle" clients to file lawsuits on a mass basis. The goal was to overwhelm the judicial system and make lawyers richer. According to the U.S. Department of Justice, this skewed litigation approach has been detrimental to plaintiffs. It has also depleted funds that could have been made available to people who are likely to develop more serious diseases in the future.

The current compensation systems in place require attorneys to group claims based on diagnosis. This has resulted in a decreased number of mesothelioma lawsuits being filed. These changes, in addition to the fact some states have implemented reforms to tort law, which have led to a stricter medical criterion and an inactive docket, have led to a reduction in the number of new claims filed between 2004 to 2006.

In addition to mesothelioma lawsuits you can also file wrongful death claims for family members who lost a loved one because of asbestos exposure. New York state laws allow families to file a legal claim within three years of the date they became aware (or should have had the knowledge) of the injury. In other states, the statutes of limitation are different in New Jersey and can i claim compensation for asbestos exposure Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitation is a law that sets the deadline to file a claim. These deadlines vary from state to state. These deadlines usually are determined by the time that the victim was exposed to asbestos or was diagnosed with an asbestos-related disease. However, there are several factors that can complicate these rules.

Many people who have been exposed to asbestos do not know they have been diagnosed with a disease until years after their initial exposure. This is due the latency period for mesothelioma, and other asbestos-related illnesses. It is essential that mesothelioma sufferers and their families file a lawsuit as soon as possible due to the latency period.

The time limit for a statute of limitations varies from state to state but generally begins with the date of diagnosis. Certain states have different statutes for personal injury cases and wrongful-death claims. In general, wrongful death statutes of limitation are less than those for personal injury claims.

Asbestos victims and their families should think about hiring mesothelioma attorneys as early as is possible. The lawyer can review the various options for compensation and provide guidance on the best way, where and when to file. Additionally, a knowledgeable mesothelioma lawyer can assist when the statute of limitation has already expired.

Mesothelioma lawyers can recommend options for obtaining 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 capable of filing the claim in another jurisdiction where the statute of limitations hasn't yet expired.

If the person hasn't been diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed with a related illness like asbestosis or lung cancer. Some states have "discovery" statutes, which apply the same as a standard statute of limitations, but start from the date of the diagnosis instead of the original exposure.

Mesothelioma attorneys must always discuss statutes of limitations with their clients and their loved relatives. An attorney for mesothelioma can explain the law of the state as well as the circumstances in which the statute of limitations could be tolled or suspended.

Hire a Lawyer

Asbestos lawyers know how to navigate the complexities of asbestos litigation. They will collaborate with other lawyers to ensure that your case is given the best possible outcome.

Asbestos claims are distinct from other personal injury claims. The exposure to asbestos took place decades ago, and many of those companies have gone out of business or have filed for bankruptcy. Many of the workers who were exposed to asbestos don't remember the places they worked in, and it can be difficult to identify the locations they may have been in. An experienced attorney can assist you with this because he/she can use the resources available to in order to determine which companies were exposed and when they worked claiming for asbestos related illness them.

Once the asbestos lawyer has an understanding of the place the individual was exposed and what is the statute of limitations on asbestos claims they did the lawyer can then get medical experts to examine the evidence and create reports about how the exposure to asbestos led to mesothelioma. It is essential that the asbestos lawyer is able to determine the causation aspect of the case since without it, the victim could not be eligible for compensation.

A mesothelioma attorney will also be able gather the information required to make a claim against asbestos as well as trust fund claims for the victim. This includes obtaining information about the victim's work as well as asbestos-related injuries, and medical records. Also, it includes the testimonies of other victims. A mesothelioma lawyer should be familiar with all of the different kinds of financial assistance that are available to victims and their families. This includes health insurance benefits as well as disability insurance. Social Security benefits.

Anyone diagnosed with mesothelioma or any other asbestos-related disease should consult an asbestos poisoning claim lawyer. An attorney can help determine the kind of claim they need to make and help them fill out the paperwork. A mesothelioma lawyer can assist those suffering from other asbestos-related diseases to file for compensation. This includes trust fund and VA claims.