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 certain time period called the statute of limitations.

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

Work History

Asbestos victims need to submit to their lawyer documents that clearly indicate the date they were exposed to asbestos, what their job entailed and the length of time. This information will help the lawyer establish a direct connection between that exposure and the victim's illness. A lawsuit involving asbestos could not be successful if the evidence is lacking.

Those who work in an industrial environment are more likely to be exposed to asbestos. However, asbestos exposure can occur in schools, churches and military bases, hospitals and private homes. Asbestos is found in fireproofing, insulation pipes, shingles, and pipes. Anyone who is exposed to these materials can inhale asbestos fibers and suffer respiratory problems and diseases like mesothelioma.

Many companies that made asbestos were aware of its dangers however they decided to keep it quiet. This was a decision taken in order to increase profits and protect the industry. It was not until the first Asbestos Lawsuits (Scientific-Programs.Science) were filed that the companies began to pay compensation to those who contracted mesothelioma or other diseases due to exposure.

A lawsuit against a business that produces asbestos is a complicated task. Because asbestos is no longer in use it can be difficult to determine who is responsible. However, there are a variety of laws that assist victims in identifying the companies that are responsible for their exposure. These 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 accountable for the payment of asbestos victims. These trust funds are established to help injured victims receive compensation when the companies who exposed them went bankrupt. In these situations an experienced attorney who specializes in asbestos litigation will be able to bargain with these funds and ensure you receive the highest amount of compensation possible.

Families of people who died from mesothelioma, or another asbestos-related disease, can file wrongful death cases. This type of claim seeks to recover the unpaid medical costs, funeral expenses and loss of income for the deceased. These lawsuits are also designed to hold asbestos companies responsible for their negligence.

Testimonials

You can sue the companies that put you at risk, if you're diagnosed with mesothelioma or any other asbestos-related illness. Your legal team will gather evidence to prove the businesses who caused you harm, such as medical proof of diagnosis and the identification of asbestos products. As it is common that plaintiffs have had exposure to various asbestos-related products throughout their career A lot of lawsuits involve multiple defendants.

A lawyer who is specialized in mesothelioma cases can to locate the right defendants in your case, even if they have gone 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 of mesothelioma cases and helped settle asbestos litigation worth over $2 billion.

In the past lawyers who specialize in asbestos litigation would solicit clients and then "bundle" them together into groups to file lawsuits in large quantities. The idea was to overburden the judiciary and increase the wealth of lawyers. This unbalanced approach to litigation has hurt 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 contract more serious illnesses in the near future.

The current compensation system demands that attorneys categorize claims based on diagnosis. This has led to a decreased number of mesothelioma cases being filed. Combined with the fact that certain states have passed tort reforms that have resulted in more stringent medical criteria and an inactive docket these changes have led to a decrease in new claim filings between 2004 and 2006.

You can also bring wrongful death lawsuits on behalf relatives of a loved one who died who died due to asbestos exposure. New York law allows families to bring a lawsuit within three years from the time they became aware (or should have been aware) of an injury. Other states have different statutes of limitations. New Jersey and Pennsylvania require legal action within two-years.

Statute of Limitations

A statute of limitations is a law that imposes the deadline for filing an action in court. The deadlines vary by state. They usually are based on the date of the victim's asbestos exposure or the date they were diagnosed with an asbestos lawyers-related illness. There are several factors which could make it difficult to determine the correct rules.

Many people who have been exposed to asbestos do not realize that they have a disease for decades after the initial exposure. This is due the mesothelioma latency period and other asbestos-related diseases. Due to the latency period it is essential for mesothelioma sufferers and their families to start a lawsuit immediately if they are able to.

The statute of limitation varies from state to state, but in most cases it starts with the date of diagnosis. There are also states that have different statutes of limitations for wrongful deaths versus personal injury claims. In general, wrongful death statutes of limitation are shorter than those for personal injury claims.

Asbestos patients and their families should hire mesothelioma lawyers as soon as possible. The lawyer will review all the possible sources of compensation for clients and provide advice on the best time, place and the best way to file. Additionally, a knowledgeable mesothelioma lawyer can assist if the statute of limitations has already expired.

Mesothelioma lawyers may suggest alternatives to seek compensation even when the statute of limitations has expired, such as trust fund claims or other sources of financial assistance. They might be able to file the claim in a place in which the statute of limitations has not expired.

If the patient is not diagnosed with mesothelioma the statute of limitations starts when they are diagnosed with a related condition such as asbestosis or lung cancer. Certain states have "discovery statutes" that apply the same as the statutes of limitations that are used in traditional cases however they begin at the date of diagnosis, not the date of exposure.

Mesothelioma lawyers should always discuss statutes of limitations with clients and their loved relatives. A knowledgeable mesothelioma lawyer can explain state laws as well as specific situations where the statute of limitations can be suspended or tolled.

Employ a lawyer

Asbestos attorneys know how to navigate the complex asbestos litigation. They will collaborate with other attorneys to ensure that your case receives the highest chance of success.

Asbestos lawsuits differ from other personal injury cases. The asbestos exposure occurred several decades ago, and a large number of the companies affected have been shut down or declared bankruptcy. Many of the workers who were exposed to asbestos don't remember where they worked and it is difficult for them identify the places they might have been in. An experienced attorney can help you in this regard as he or she will be able use the resources available to him/her to find out what companies were exposed and the time they worked at the place.

When the asbestos attorney has a clear idea of where and how the victim was exposed to asbestos, he can have medical experts review and prepare reports on the causes of mesothelioma. It is important that the asbestos lawyer is able to determine the causation element of the case because without it the victim may not be eligible for compensation.

A mesothelioma lawyer will be able to collect the information required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's job, asbestos-related injuries, medical records, testimonies from other victims and more. A mesothelioma lawyer should be familiar with the various types of financial aid that are available to victims and family members. This includes health insurance, 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. An attorney can help determine what type of claim they should submit and assist them in filling the necessary paperwork. An experienced mesothelioma lawyer can also help people with other asbestos-related diseases file for compensation, including trust fund and VA claims.