How to File an Asbestos Claim
An asbestos claim is a legal proceeding against companies 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 those who are alive or their families. When a plaintiff dies and their estate representative is appointed, they can continue the case under wrongful death.
Work History
Asbestos-related victims must give their lawyer documents that clearly state the date they were exposed to asbestos, their job description and how long. This information will allow the lawyer to establish a direct link between the exposure and the victim's illness. Without the proper evidence, an asbestos lawsuit may not be able to proceed.
Asbestos is more likely to be found in industrial environments. The exposure can also be found in schools and churches as well as hospitals, bases of military and private residences. Asbestos is found in insulation, fireproofing materials, pipes and shingles. Asbestos fibers can cause respiratory problems and diseases such as mesothelioma among those who are exposed to this material.
Many companies that produced asbestos were aware of the dangers however they decided to remain silent about the dangers. This was done to ensure the safety of the industry and to increase profits. These companies did not begin to compensate those who were diagnosed with mesothelioma or other diseases as a result of asbestos exposure until the first lawsuits were filed.
A lawsuit against a business that produces asbestos is a difficult task. Because asbestos is no longer in use it can be difficult to determine the parties responsible. There are a variety of laws that can help victims determine the companies accountable for their asbestos exposure. They 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.
Asbestos victims are typically compensated by asbestos trust funds. These funds are established to help injured victims receive compensation when the companies responsible for their exposure have gone into bankruptcy. An experienced attorney who specializes in asbestos litigation knows how to negotiate these funds and get the maximum compensation.
Families of those who died from mesothelioma or another asbestos-related illness, may bring wrongful death lawsuits. This type of claim seeks compensation for the unreimbursed funeral costs, medical expenses and loss of income of the deceased. These lawsuits also aim to hold asbestos companies accountable for their negligence.
Testimonials
You can sue the businesses who put you at risk, if you're diagnosed with mesothelioma or another asbestos-related disease. Your legal team will gather evidence to prove the companies that harmed you, including medical proof of your diagnosis and the identification of asbestos products. A lot of lawsuits involve dozens of defendants, as it's common for plaintiffs to have been exposed to various asbestos-related products throughout their careers.
A lawyer who specializes in mesothelioma lawsuits will be able to identify the appropriate defendants for your case, even if these companies have declared bankruptcy. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases since more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases. The firm has helped resolve over $2 billion in asbestos litigation.
Firms that were specialized in asbestos litigation would "bundle" clients to file lawsuits in mass. The idea was to overburden the judicial system and increase the wealth of lawyers. This biased approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. The result is that funds are being drained that would have been available for individuals who will develop more serious illnesses in the near future.
The current compensation systems require that attorneys group claims based on diagnosis. This has resulted in an increase in the number of mesothelioma lawsuits. These changes, along with the fact some states have enacted reforms in tort law that have resulted the use of a more strict medical criterion and an inactive docket have led to a decrease in number of new claims filed from 2004 to.
You can also bring wrongful death lawsuits on behalf family members of a deceased loved one who died due to asbestos exposure. New York state laws allow families to take legal action within three years of when they knew (or should have had the knowledge) of the injury. In other states the railroad asbestos claims statutes of limitations are different, with New Jersey and Pennsylvania requiring legal action within two years.
Statute of limitations
A statute of limitations is a law that sets an expiration date for filing a legal claim. These deadlines vary from state to state. They usually are determined by the date of the person's exposure to asbestos or when they were diagnosed with an asbestos-related disease. There are several factors which can make it difficult to follow the rules.
Many people who have been exposed to asbestos are not aware that they are suffering from a disease for a long time following the initial exposure. This is due to the latency period of mesothelioma and other asbestos-related diseases. Because of the latency period it is essential for mesothelioma patients and their families to file a lawsuit as soon as they can.
The statute of limitations differs from state to state but in most cases it starts with the date of diagnosis. Some states have different statutes for personal injury and wrongful death claims. In general, wrongful death statutes of limitations are less than personal injury ones.
Asbestos victims and their families ought to consider hiring mesothelioma lawyers as soon as possible. The lawyer will go over all the possible sources of compensation for clients and advise on the best time, place and the best way to file. Additionally, an experienced mesothelioma attorney can help in the event that the statute of limitations has already expired.
Lawyers for mesothelioma may suggest options to obtain compensation even if the statute has expired. This includes trust fund claims as well as other sources of financial assistance. They may also be in a position to file the claim in a different jurisdiction where the statute of limitations has not yet expired.
If the person is not diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed with an associated condition, like asbestosis or lung cancer. Some states have "discovery statutes" which apply the same as the traditional statutes of limitations but begin with the date of diagnosis, not exposure.
Mesothelioma lawyers must always discuss the statute of limitations with their clients and family members. A mesothelioma lawyer who is knowledgeable can provide state-specific laws, as well as specific circumstances where the statute of limitations could be extended or suspended.
Hire a lawyer
Asbestos attorneys know how to navigate the complex asbestos litigation. They will collaborate with other lawyers to ensure that your case receives the most favorable outcome.
Asbestos claims are different from other personal injury cases. The main reason is because asbestos exposure happened several decades ago and many of the companies exposed have either filed for bankruptcy or have gone out of business. Many of the workers who were exposed to asbestos do not remember the places they worked in, and it can be difficult for them to pinpoint the exact locations they could have been in. This is why a seasoned attorney is essential because he or she will be able to use the resources available to him or his disposal to determine the names of the companies which were exposed as well as the dates they worked at.
Once the asbestos attorney has a better idea of the location and how the victim was exposed to asbestos, he can engage medical experts to examine and prepare reports on the causes of mesothelioma. It is crucial that the asbestos lawyer can establish the causation component of the case because without it, the victim might not be able to claim compensation.
A mesothelioma lawyer will be able to gather the required information required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's occupation or work-related asbestos-related injuries as well as medical records. It also includes testimonials from other victims. A mesothelioma attorney should also be familiar with the various types of financial aid available to patients and their family members. This includes benefits from health insurance as well as disability insurance and Social Security benefits.
Engaging an expert asbestos lawyer is essential for anyone who has been diagnosed with mesothelioma or other asbestos-related illness. A lawyer can help people determine the type of claim they should make and help them fill the necessary paperwork. A mesothelioma attorney can also assist people suffering from other asbestos-related diseases to file for compensation. This includes trust fund and VA claims.