How to File an Asbestos Claim
An asbestos claim is a legal action against companies that exposed someone to asbestos. The statute of limitations is a time limit within which lawsuits have to be filed.
Asbestos lawsuits can be filed by victims who are alive or their families. When a plaintiff dies, their estate representative can pursue the case as a lawsuit for wrongful deaths.
Work History
Asbestos sufferers must provide their lawyer with documents that clearly state the date of their exposure to asbestos, their job involved and the length of time. This will enable the lawyer to establish a direct connection between asbestos exposure and the victim’s illness. A lawsuit involving asbestos may not be successful if evidence isn't there.
Asbestos is most likely be discovered in industrial environments. This exposure can also occur in churches and schools and hospitals, as well as bases of military and private residences. Asbestos is found in shingles, pipes, insulation, and fireproofing materials. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma among those who are exposed to this material.
Many of the companies that manufactured asbestos were aware of the dangers but chose to keep this information quiet. This was done to ensure the safety of the industry and to increase profits. It wasn't until first asbestos lawsuits were filed that these companies started to pay compensation to those who contracted mesothelioma or other ailments caused by exposure to asbestos.
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 used. There are a number of laws that help victims determine the companies accountable for their exposure to asbestos. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund and 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 were established to help injured victims receive compensation when the companies responsible for their exposure have gone bankrupt. In these instances an experienced lawyer who specializes in asbestos litigation will know how to bargain with these funds and get you the most amount of compensation that is possible.
Families of those who have died from mesothelioma, or an asbestos-related illness, may make wrongful death claims. This type of claim seeks compensation for the deceased person's unreimbursed funeral costs, medical expenses and loss of income. These lawsuits also aim to hold asbestos companies responsible for their wrongful conduct.
Testimonials
Once you have been diagnosed with mesothelioma, or another asbestos-related illness, you can make a claim 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 proof 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 a variety of asbestos products during their careers.
A lawyer who is specialized in mesothelioma cases will be able find the right defendants in your case even if they've been 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 of mesothelioma lawsuits and has helped resolve asbestos litigation worth over $2 billion.
In the past law firms that specialize in asbestos litigation would solicit clients and then "bundle" them into groups to file lawsuits in large quantities. The goal was to overwhelm the legal system and benefit lawyers. According to the U.S. Department of Justice this biased approach to litigation has harmed plaintiffs. It has also depleted funds which could have been provided to those who are likely to develop more serious diseases in the future.
The current compensation systems require that attorneys group claims based on the diagnosis. This has resulted in an enlargement of the number of mesothelioma lawsuits. These changes, along with the fact mesothelioma lawyers asbestos claims that some states have implemented reforms to tort law that have resulted 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.
In addition to mesothelioma claims, you can file wrongful death claims for family members who have lost loved ones due to asbestos exposure. New York state laws allow families to pursue legal action within three years of the date they knew (or should have known) of the injury. Other states have different statutes of limitation. New Jersey and Pennsylvania have a two-year deadline for legal action.
Statute of limitations
A statute of limitations is a law that sets the deadline for filing a legal claim. The deadlines for filing a claim vary from state to state. These deadlines are usually based on when the victim was exposed to asbestos or diagnosed with an asbestos-related disease. However, there are several factors that can complicate the rules.
Many people who have been exposed to asbestos are not aware that they have a disease for a long time after initial exposure. This is due to the mesothelioma latency period and other asbestos-related illnesses. Because of the latency period it is essential for mesothelioma sufferers and their families to file a lawsuit immediately if they are able to.
The statute of limitation varies between states, however, in the majority of cases, it starts with the date of diagnosis. Some states have different statutes of limitations 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 hire an attorney for mesothelioma as soon as possible. The lawyer can review all possible sources of compensation for clients and offer advice on when, where and how to file. A mesothelioma lawyer may assist in cases where the statute of limitations has expired.
Lawyers for mesothelioma can offer options for obtaining compensation even if the statute of limitations has expired. This includes trust fund claims and other sources of financial assistance. They may be able to file the claim in a state where the statute has not expired.
If the person hasn't been diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed with a related illness, such as asbestosis or lung cancer. Certain 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 lawyers should always discuss the statute of limitations with their clients and loved ones. A mesothelioma attorney can explain state law and also the situations in which the statute of limitations could be suspended or tolled.
Hire a lawyer
Asbestos attorneys know how to navigate through the complexities of asbestos litigation. They will work with other lawyers to ensure that your case receives the highest chance of success.
Asbestos claims are distinct from other personal injury cases. The exposure to asbestos occurred decades ago, and many of the companies affected have been shut down or have filed for bankruptcy. Many of the workers who were exposed to asbestos can't remember the places they worked in and it is difficult to identify the places they might have worked in. An experienced attorney can assist you in this regard as he or she will be able to use the resources available to him/her to find out what companies were exposed and the time they worked at the place.
Once the asbestos attorney has a clear idea of the location and how the victim was exposed to asbestos, he will be able to get medical experts to review and write reports on the cause of mesothelioma. It is vital that the asbestos attorney can determine the causation aspect of the case since without it, the victim could not be able to claim compensation.
A mesothelioma lawyer will be able to gather the data required to bring a lawsuit against asbestos as well as trust fund claims for the victim. This includes gathering information on the victim's work, asbestos-related injuries medical records, testimonials from other victims and more. Additionally, a mesothelioma lawyer should be familiar with the various types of financial assistance that are available to victims and their families. This includes health insurance benefits as well as disability insurance and Social Security benefits.
Employing an experienced asbestos lawyer is crucial for anyone who has been diagnosed with mesothelioma or another asbestos-related illness. A lawyer is able to help individuals decide which claim is best for them and then help them complete the appropriate paperwork. An experienced mesothelioma lawyer can assist those suffering from other asbestos-related diseases file claims for compensation, which includes trust fund and VA claims.