How to File an Asbestos Claim

A legal action is taken against companies who exposed a person or company to asbestos. The statute of limitations is a time limit within which lawsuits must be filed.

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

Work History

Asbestos-related victims have to give their lawyer's papers that clearly state the date they were exposed to asbestos, what their job responsibilities are and how long. This information will assist the lawyer establish a direct connection between the exposure and the illness of the victim. Without the correct evidence, an asbestos lawsuit may not be able to proceed.

Asbestos is most likely to be discovered in industrial environments. It can also happen in schools and churches and hospitals, as well as bases of military and private homes. Asbestos is found in insulation, fireproofing materials pipes, shingles and pipes. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma for those who are exposed to this material.

Many of the companies that produced asbestos knew of its dangers, but chose to keep this information quiet. This was a decision made to boost profits and protect the industry. 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 to asbestos.

A lawsuit against a business that produces asbestos can be a complicated process. Because asbestos is no longer in use, it can be difficult to identify the responsible parties. There are many laws that can assist victims identify the companies responsible for their exposure to asbestos lawyers. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) as well as the Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.

Asbestos victims are typically 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. An experienced attorney who specializes in asbestos litigation can negotiate these funds to ensure the maximum compensation.

Families of those who have died from mesothelioma, or another asbestos-related disease, can bring wrongful death lawsuits. This type of claim seeks compensation for unpaid funeral expenses, medical bills and loss of income. These lawsuits also seek to hold asbestos companies responsible for their negligence.

Testimonials

Once you have been diagnosed with mesothelioma, or another asbestos-related illness, you may bring a lawsuit against the businesses that put you in harm's way. Your legal team will gather evidence to prove that the companies that harmed you, including medical proof of diagnosis and asbestos product identification. As it is common that plaintiffs have had exposure to different asbestos products throughout their lives, many lawsuits contain multiple defendants.

A lawyer who specializes on mesothelioma cases can find the right defendants in your case even if they've been bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been working on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds mesothelioma lawsuits and helped settle asbestos litigation worth more than $2 billion.

In the past, law firms that specialize in asbestos litigation would seek clients and then "bundle" them together into groups to file lawsuits in massive quantities. The goal was to overwhelm the judicial system and enrich lawyers. This skewed approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. This has also drained funds that could have been made available to those who develop more serious illnesses in the near future.

The current compensation system demands that attorneys group claims according to diagnosis. This has led to the reduction of mesothelioma lawsuits being filed. Combined with the fact that certain states have passed tort reforms which have resulted in stricter medical criteria and an inactive docket these changes have contributed to a decrease in new claim filings from 2004 to 2006.

You can also bring wrongful death lawsuits on behalf relatives of a loved one who died who died from asbestos exposure. New York state laws allow families to pursue legal action within three years of when they knew (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 limitations is a law which sets a deadline for filing a claim. The deadlines vary according to the state. They usually are dependent on the date of the victim's asbestos exposure or the date they were diagnosed with an asbestos-related illness. However, there are several factors that can complicate the rules.

Many asbestos-related exposure victims do not realize they have been diagnosed with a condition until decades after their initial exposure. This is due to the latency period of mesothelioma and other asbestos-related diseases. It is crucial that mesothelioma patients as well as their families file a lawsuit immediately due to the latency period.

The statute of limitations differs from state to state, but generally begins with the date of diagnosis. Some states have different statutes of limitations for personal injury and wrongful death claims. In general, wrongful death statutes of limitations are shorter than those for personal injury claims.

Asbestos patients and their families must hire a mesothelioma attorney immediately. The lawyer can review the various options for compensation and offer guidance on how, where and when to file. A knowledgeable mesothelioma lawyer can assist when the statute of limitation has already expired.

Lawyers for mesothelioma can suggest options to obtain compensation, even if the statute has run out. This includes trust fund claims as well as other sources of financial assistance. They may also be capable of filing the claim in a different jurisdiction where the statute of limitations hasn't yet expired.

If the patient has not been diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed with a related illness, such as asbestosis or lung cancer. Some states have "discovery statutes" that apply the same as the statutes of limitations that are used in traditional cases, but start at the date of diagnosis, not the date of exposure.

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

Hire a lawyer

Asbestos attorneys know how to navigate the complicated asbestos litigation. They will collaborate with other lawyers to ensure that your case receives the best possible result.

Asbestos cases are very different from other personal injury claims. The main reason is that asbestos exposure occurred several decades ago and many of the companies that were exposed have either filed for bankruptcy or gone out of business. Often, the workers who were exposed do not even remember where they worked and it is hard to pinpoint the locations where they may have been exposed. An experienced attorney can assist you with this as he/she can use the resources available to him/her to find out what companies were exposed and the time they worked for them.

Once the asbestos attorney has a better understanding of where the person was exposed and what they did, he or she can then get medical experts to look over the evidence and prepare reports about how the exposure to asbestos led to the mesothelioma. It is crucial that the asbestos lawyer is able to establish the causation component of the case because without it, the victim might not be able to claim compensation.

A mesothelioma lawyer will also be able to collect the required information required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's occupation, asbestos-related injuries and medical records. Also, it includes the testimony from other victims. A mesothelioma lawyer should be familiar with the various kinds of financial aid available to victims and their family members. This includes disability insurance, health insurance insurance, and Social Security benefits.

Hiring an experienced asbestos lawyer is essential for anyone diagnosed with mesothelioma, or another asbestos-related illness. A lawyer will be in a position to assist patients decide which claim is best for them and help to file the proper paperwork. An experienced mesothelioma lawyer will assist those suffering from other asbestos-related diseases file claims for compensation, which includes trust fund and VA claims.