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How to File an Asbestos Claim

An asbestos claim is a legal proceeding against companies that exposed a person to asbestos. The statute of limitations is a time limit within which lawsuits have to be filed.

Asbestos lawsuits can be filed by living victims or their families. When a plaintiff dies, their estate representative can continue the case as a lawsuit for wrongful death.

Work History

Asbestos sufferers must provide their lawyer with documents that clearly specify the date of their exposure to asbestos, their job was and the length of time. This information will allow the lawyer to establish a direct connection between that exposure and the victim's illness. Without the right evidence that an asbestos lawsuit has, it may not be able to progress.

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

Many of the companies that produced asbestos were aware of the dangers but chose to keep this information quiet. This was a choice made to boost profits and protect the industry. It was not until the first asbestos lawsuits were filed that these companies started to compensate those who contracted mesothelioma or other ailments due to exposure.

A lawsuit against an asbestos-related firm is a complicated process. Since asbestos is no longer in use it can be difficult to identify the responsible parties. There are a number of laws that can assist victims identify 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) as well as the Safe Drinking Water Act and Resource Conservation and Recovery Act are just a few examples.

Asbestos victims are usually compensated by asbestos trust funds. These trust funds are established to help injured victims get compensation when the companies that exposed them have gone into bankruptcy. In these cases 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.

The cases of wrongful death are filed by the family members of those who died due to mesothelioma or another asbestos-related disease. This type of lawsuit seeks compensation for unreimbursed funeral expenses, medical costs and loss of income for the deceased. These lawsuits also seek to hold the responsible asbestos companies accountable for their negligence.

Testimonials

Once you have been diagnosed with mesothelioma, or another asbestos-related disease, you can bring a lawsuit against the businesses that put you in harm's way. Your legal team will gather evidence to show that the companies caused harm to you. This includes medical evidence of your diagnosis as well as asbestos product identification. A lot of lawsuits involve dozens of defendants, since it is typical for plaintiffs to be exposed to various asbestos attorneys-related products throughout their careers.

A lawyer who specializes in mesothelioma claims will be able to find the appropriate defendants for your case even if the companies have been declared bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds mesothelioma lawsuits and helped settle asbestos-related litigation that amounted to more than $2 billion.

In the past law firms that were specialized in asbestos litigation would solicit clients and then "bundle" them together into groups to file lawsuits in bulk. The idea was to overburden the judicial system and enrich lawyers. This biased approach to litigation has harmed plaintiffs, according to the U.S. Department of Justice. It also has drained funds which could have been provided to individuals who are expected to develop more serious illnesses in the future.

The current compensation systems require attorneys to group claims based on diagnosis. This has led to an increase in mesothelioma lawsuits being filed. These changes, along with the fact some states have enacted reforms in tort law, which have led to a stricter medical criterion and an inactive docket, have led to a decrease in the number of new claims filed from 2004 to 2006.

You can also file wrongful death lawsuits for family members of a deceased loved one who died from asbestos exposure. New York law allows families to file a lawsuit within three years of the time they were aware (or should have been aware) of an injury. Other states have different statutes of limitations. New Jersey and Pennsylvania have a two-year deadline for legal action.

Statute of Limitations

A statute of limitation is a law which sets the deadline to file a claim. The deadlines vary according to the state. They are usually determined by the date of the person's exposure to asbestos or when they were diagnosed with an asbestos-related disease. There are many factors that 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 time frame of mesothelioma's latency and other asbestos-related ailments. It is crucial that mesothelioma sufferers and their families file a lawsuit as soon as possible due to the latency period.

The statute of limitations is different in each state, but they generally start from the date of diagnosis. There are also states with different statutes of limitations for wrongful death cases as opposed to personal injury claims. In general, wrongful death statutes of limitation are less than those for personal injury claims.

Asbestos patients and their families should consult an attorney for mesothelioma as soon as possible. The lawyer will review all of the potential sources of compensation for a client and offer advice on when, where and how to file. A mesothelioma lawyer may also help if the statute is expired.

Lawyers for mesothelioma may offer options for obtaining compensation even if the statute of limitations has expired. These include trust fund claims as well as other sources of financial aid. They might be able to file the claim in a jurisdiction in which the statute of limitations has not expired.

If the patient has not been diagnosed with mesothelioma, their time limit begins when they are diagnosed with a congenital condition, such as asbestosis or lung cancer. Certain states have "discovery statutes" that use the same rules as traditional statutes of limitations, but start at the date of diagnosis, not exposure.

Mesothelioma lawyers must always discuss the statute of limitations with their clients and loved ones. An attorney for mesothelioma can explain state law as well as the circumstances where a statute of limitation may be tolled or suspend.

Hire a lawyer

Asbestos lawyers know how to navigate the complexities of asbestos attorneys litigation. They will collaborate with other lawyers to ensure that your case is given the best possible outcome.

Asbestos claims are distinct from other personal injury claims. The reason for this is that asbestos exposure happened 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's difficult for them to identify the locations where they may have been exposed. An experienced attorney can help 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 there.

Once the asbestos attorney has an understanding of the location to which the person was exposed and what they did the lawyer can then get medical experts to look over the evidence and create reports about how the exposure to asbestos caused mesothelioma. It is essential that the asbestos lawyer can establish the causation part of the case, as without it, the victim may not qualify for compensation.

A mesothelioma lawyer will be able to gather the data required to make a claim against asbestos as well as trust fund claims for the victim. This includes gathering information on the victim's work as well as asbestos-related injuries, and medical records. Also, it includes the testimonials from other victims. In addition, a mesothelioma lawyer should be acquainted with the various types of financial assistance that are available to victims and their families. This includes health insurance, disability insurance, and Social Security benefits.

Engaging an experienced asbestos lawyer is crucial for anyone diagnosed with a mesothelioma or other asbestos-related illness. A lawyer will be able to help individuals determine which type of claim is appropriate for them and then help to file the proper documentation. A mesothelioma lawyer who is experienced can assist people suffering from other asbestos-related diseases file claims for compensation, such as trust fund and VA claims.