How to File an Asbestos Claim
An asbestos claim is a legal proceeding against companies that exposed someone to asbestos. Lawsuits must be filed within a specific time frame called the statute of limitations.
Asbestos lawsuits may be filed by victims who are living or their families. If a plaintiff dies the estate representative of their deceased victim can pursue the case as a lawsuit for wrongful deaths.
Work History
Asbestos-related victims need to provide their lawyer's papers that clearly state when they were exposed to asbestos, their job description and the length of time they were exposed to asbestos. This information will allow 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 lacking.
Those who work in an industrial environment are more likely to be exposed to asbestos. It can also happen in churches and schools, hospitals, bases of military and private residences. Asbestos can be found in pipes, shingles insulation, fireproofing, and insulation materials. Asbestos fibers can cause respiratory problems and diseases such as mesothelioma for those who are exposed to asbestos.
Many of the companies who produced asbestos knew of its dangers, but chose to keep the information secret. This was a decision taken to boost profits and safeguard the industry. It was not until the first asbestos lawsuits were filed that the companies began to pay compensation to those who contracted mesothelioma or other ailments due to exposure.
A lawsuit against a company that manufactures asbestos can be a complicated process. Because asbestos is no longer in use it can be difficult to determine who is responsible. There are many laws that can help victims find the companies responsible for their exposure to asbestos. Redlands asbestos attorney , 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 all examples.
Asbestos trust funds are usually responsible for compensating asbestos victims. These funds are created to help injured victims receive compensation when the companies that exposed them have gone into bankruptcy. In these instances an experienced lawyer who specializes in asbestos litigation will know how to bargain with these funds and get you the maximum amount of compensation that is possible.
The cases of wrongful death are filed by the family members of people who died from mesothelioma, or another asbestos-related disease. This type of lawsuit seeks damages for the deceased person's unreimbursed medical bills, funeral costs and loss of income. These lawsuits also aim to hold asbestos companies responsible for their wrongful conduct.
Testimonials
You can sue the businesses who put you at risk if you are diagnosed with mesothelioma, or any other asbestos-related illness. Your legal team will gather evidence to prove the companies that caused harm to you, which includes medical proof of your diagnosis and the identification of asbestos products. As it is common that plaintiffs have been exposed various asbestos-related products throughout their lives, many lawsuits have multiple defendants.
A lawyer who specializes in mesothelioma lawsuits will be able to find the right defendants for your case even if the companies have declared bankruptcy. 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 of mesothelioma lawsuits and has helped settle asbestos litigation worth more than $2 billion.
Firms that were specialized in asbestos litigation would "bundle" clients to file lawsuits in mass. The idea was to overburden the judiciary and enrich 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 contract more serious illnesses in the near future.
The current compensation systems in place require attorneys to group claims based on diagnosis. This has resulted in an enlargement of the number of mesothelioma lawsuits. These changes, in addition to the fact some states have enacted reforms in tort law, which have led to a stricter medical criterion and an inactive docket have contributed to a decrease in the number of new claims filed from 2004 to.
You can also bring wrongful death lawsuits on behalf relatives of a deceased loved one who died due to asbestos exposure. New York state laws allow families to take legal action within three years from the time they were aware (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 establishes the deadline for filing an action in court. These deadlines vary by state. They are often determined by the date of the victim's asbestos exposure or the date they were diagnosed with an asbestos-related illness. There are several factors which could make it difficult to determine the correct rules.
Many people who have been exposed to asbestos are not aware that they are suffering from a disease for decades after the initial exposure. This is due the latency period for mesothelioma, and other asbestos-related illnesses. It is essential that mesothelioma sufferers and their families file a lawsuit immediately due to the latency period.
The statute of limitations varies in each state, but they generally begin from the date of diagnosis. There are some states with different statutes of limitations for wrongful death cases as opposed to personal injury claims. In general, wrongful death statutes of limitations are shorter than personal injury ones.
Asbestos victims and their families should consider hiring a mesothelioma lawyer as early as is possible. The lawyer can review all possible sources of compensation and provide guidance on how, where and when to file. A knowledgeable mesothelioma attorney can help if the statute of limitations has already expired.
Lawyers for mesothelioma may suggest ways to get compensation even if the statute of limitations has expired. This includes trust fund claims and other sources of financial aid. 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 victim is not diagnosed with mesothelioma, the statute of limitations starts when they are diagnosed as having a related condition such as lung cancer or asbestosis. Some states have "discovery statutes" which apply the same as the statutes of limitations that are used in traditional cases however they begin with the date of diagnosis, not exposure.
Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and family members. A mesothelioma lawyer who is knowledgeable can explain state laws and specific circumstances where a statute of limitations may be tolled or suspended.
Employ a lawyer
Asbestos attorneys know how to navigate the complicated asbestos litigation. They will work with other lawyers to ensure that your case receives the highest chance of success.
Asbestos lawsuits differ from other personal injury cases. The main reason is because the exposure to asbestos occurred years ago, and a lot of the companies that were exposed have either declared bankruptcy or have gone out of business. Many of the workers who were exposed to asbestos can't remember the places they worked in, and it can be difficult to identify the exact locations they could have been in. An experienced attorney can help you with this because he/she will be able use the tools available for determining which companies were exposed and when they worked there.
Once the asbestos lawyer has an understanding of the location to which the person was exposed and what they did the lawyer can then engage medical experts to examine the evidence and create reports about how the exposure to asbestos caused the mesothelioma. It is vital that the asbestos lawyer can establish the causation element of the case since without it, the victim could not be able to claim 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 gathering information on the victim's occupation as well as asbestos-related injuries, and medical records. Additionally, they can gather testimonials from other victims. Additionally, a mesothelioma lawyer should be familiar with the various kinds of financial aid that is available to victims and their families. This includes health insurance benefits as well as disability insurance and Social Security benefits.
Anyone diagnosed with mesothelioma, or any other asbestos-related condition is advised to consult an asbestos lawyer. An attorney can help determine the type of claim they should make and help them fill out the forms. A mesothelioma attorney can also assist those suffering from other asbestos-related diseases to file for compensation. This includes trust funds and VA claims.