How to File an Asbestos Claim
An asbestos claim is a legal proceeding against businesses that exposed a person to asbestos. Lawsuits must be filed within a specified time frame called the statute of limitations.
Asbestos lawsuits can be filed by victims who are alive or their families. If a plaintiff dies and their estate representative is appointed, they can continue the case as a wrongful death lawsuit.
Work History
Asbestos victims need to submit to their lawyer documents that clearly state the date of their exposure to asbestos, what their job was and the length of time. This will enable the lawyer to establish a direct link between asbestos exposure and the victim’s disease. A lawsuit that involves asbestos may not be successful if evidence is not there.
Those who work in an industrial setting are most likely to be exposed to asbestos. It can also happen in churches and schools as well as hospitals, bases of military, and private homes. Asbestos is present in shingles, pipes insulation, fireproofing, and insulation materials. Asbestos fibers can cause respiratory issues and diseases, such as mesothelioma in people who are exposed to the material.
Many of the companies that manufactured asbestos knew of its dangers, but decided to keep this information from the public. This decision was made to protect the industry and increase profits. It wasn't until first asbestos lawsuits were filed that the companies began to compensate those who developed mesothelioma and other ailments due to exposure to asbestos.
Bryan asbestos attorneys against an asbestos firm is a complicated process. It is difficult to determine the responsible parties since asbestos is no more used. There are a number of laws that help victims find the companies responsible for their exposure to asbestos. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) The Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.
Asbestos trust funds are usually responsible for compensating asbestos victims. These are funds that are created to assist victims of asbestos exposure receive compensation when the companies responsible for their exposure have gone bankrupt. An experienced attorney who specializes in asbestos litigation can negotiate these funds and 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 lawsuit seeks compensation for the deceased person's unreimbursed medical bills, funeral costs and loss of income. These lawsuits are also designed to hold the asbestos companies responsible for their negligence.
Testimonials
You can sue the businesses who put you at risk, if you're diagnosed with mesothelioma or any other asbestos-related illness. Your legal team will gather evidence to show that the businesses harmed you. This includes medical evidence of your diagnosis and asbestos product identification. As it is common that plaintiffs have been exposed to various asbestos-related products throughout their career Many lawsuits involve multiple defendants.
A lawyer who is specialized in mesothelioma cases will be able to find the appropriate defendants for your case even if these businesses have declared bankruptcy. The lawyers at Young Conaway Stargatt & Taylor have been working on asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases. He has also helped to settle more than $2 billion of asbestos litigation.
In the past lawyers who were specialized in asbestos litigation would solicit clients and then "bundle" them into groups to file lawsuits in bulk. The aim was to overload the judicial system and to increase the wealth of lawyers. This biased 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 for individuals who will develop more serious illnesses in the future.
The current compensation systems in place require that attorneys group claims based on the diagnosis. This has led to an increase in the number of mesothelioma lawsuits. Combined with the fact that certain states have implemented tort reforms that have resulted in stricter medical requirements and an inactive docket these changes have contributed to a decrease in new claim filing activity between 2004 and the year 2006.
You can also make wrongful death lawsuits on behalf of relatives of a loved one who died who died due to 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. Other states have different statutes of limitation. New Jersey and Pennsylvania require legal action within two years.
Statute of limitations
A statute of limitations is a law which sets an expiration date for filing a claim. The deadlines for filing a claim vary from state to state. The deadlines are typically based on when the victim was exposed to asbestos or was diagnosed with an asbestos-related disease. There are many factors that can make it difficult to follow the rules.
Many people exposed to asbestos don't realize they've been diagnosed with a disease until decades after their first exposure. This is due to the latency period for mesothelioma, and other asbestos-related diseases. Due to the latency period it is essential for mesothelioma victims and their families to start a lawsuit immediately if they are able to.
The statute of limitations varies according to state, but the majority start from the date of diagnosis. There are states that have different statutes of limitations for wrongful death cases versus personal injury claims. In general, wrongful-death statutes of limitations are shorter than those for personal injury claims.
Asbestos victims and their families ought to consider hiring mesothelioma attorneys as early as is feasible. The lawyer will be able to review all potential sources of compensation and provide guidance on the best way, where and when to file. Additionally, an experienced mesothelioma attorney can help in the event that the statute of limitations has already expired.
Lawyers for mesothelioma have the ability to suggest ways to get compensation even if the statute of limitations has expired. These include trust fund claims and other sources of financial assistance. They may also be capable of filing the claim in another jurisdiction where the statute of limitations hasn't yet expired.
If the patient is not diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed with a related condition like asbestosis or lung cancer. Some states have "discovery statutes" which apply the same as traditional statutes of limitations but begin at the time of diagnosis, not the date of exposure.
Mesothelioma attorneys must always discuss the statute of limitations with their clients and their loved ones. A knowledgeable mesothelioma lawyer can explain the laws of the state, as well as specific situations where the statute of limitations could be tolled or suspended.
Hire a lawyer
Asbestos attorneys know how to navigate through the complexities of asbestos litigation. They work with other lawyers to ensure that your case receives the best possible outcome.
Asbestos cases are very different from other personal injury claims. The asbestos exposure was decades ago, and many of the companies affected have been shut down or have filed for bankruptcy. Many times, those who were exposed don't even remember where they worked, and it's difficult for them to determine the locations in which they could have been exposed. This is why an experienced attorney is crucial since he or she can make use of the resources at his disposal to determine the names of the companies which were exposed as well as the dates when they worked at.
When the asbestos attorney has a clear idea of the location and how the victim was exposed to asbestos, he is able to get medical experts to review and report regarding the cause of mesothelioma. It is crucial that the asbestos lawyer is able to establish the causation component of the case since without it, the victim may not be able to claim compensation.
A mesothelioma lawyer will be able to gather the information required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's job as well as asbestos-related injuries, and medical records. Also, it includes the testimonials from other victims. A mesothelioma lawyer should be familiar with the various types of financial assistance that is available to victims and their families. This includes benefits from health insurance as well as disability insurance and Social Security benefits.
Anyone diagnosed with mesothelioma or any other asbestos-related illness should consult an asbestos lawyer. A lawyer can help people determine what kind of claim they should submit and assist in filling out the paperwork. An attorney for mesothelioma can help those with other asbestos-related illnesses file for compensation. This includes trust funds and VA claims.