How to File an Asbestos Claim
An asbestos claim is a legal proceeding against businesses that exposed a person to asbestos. The statute of limitations is a time period within which lawsuits have to be filed.
Asbestos lawsuits can be filed by victims who are alive or their families. When a plaintiff dies, their estate representative may continue the case despite wrongful death.
Work History
Asbestos victims need to provide their lawyer with documents that clearly indicate the date they were exposed to asbestos, what their job involved and for how long. This will enable the lawyer to establish a direct link between asbestos exposure and the victim’s illness. A lawsuit involving asbestos may not be successful if the evidence is not there.
Asbestos is most likely be found in industrial settings. However, this exposure also is common in churches, schools, military bases, hospitals and in private homes. Asbestos is present in fireproofing and insulation materials pipes, shingles, and pipes. People who are exposed these materials could inhale asbestos fibers and suffer respiratory problems and illnesses such as mesothelioma.
Many of the companies that manufactured asbestos knew of its dangers, but chose to keep the information secret. This was done to safeguard the industry and increase profits. It wasn't until first asbestos lawsuits were filed that these companies started to compensate those who were diagnosed with mesothelioma and the other ailments caused by exposure to asbestos.
A lawsuit against an asbestos company can be a difficult task. It is difficult to determine responsible parties because asbestos is no more in use. There are a variety of laws that can help victims find the companies responsible for their asbestos exposure. These include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund and the Safe Drinking Water Act and the Resource Conservation and Recovery Act.
Asbestos trust funds are usually accountable for the payment of asbestos victims. These funds are created to assist victims of asbestos exposure receive compensation if the companies responsible for their exposure have gone bankrupt. In these situations an experienced lawyer who specializes in asbestos litigation will know how to negotiate with these funds and get you the most compensation possible.
The cases of wrongful death are filed by the family members of those who have passed away from mesothelioma, or another asbestos-related disease. This type of claim seeks compensation for unreimbursed medical costs, funeral expenses and loss of income of the deceased. These lawsuits also seek to hold the responsible asbestos companies accountable for their wrongful conduct.
Testimonials
If you've been diagnosed with mesothelioma, or another asbestos-related illness, you may file a lawsuit against the companies that put you in danger. Your legal team will gather evidence to prove the companies that caused harm to you, which includes medical proof of diagnosis as well as the identification of the asbestos product. As it is common that plaintiffs have been exposed various asbestos-related products throughout their lives A lot of lawsuits involve multiple defendants.
A lawyer with a specialization in mesothelioma cases 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 worked 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 settle more than $2 billion in asbestos litigation.
In the past lawyers who specialize in asbestos litigation would solicit clients and then "bundle" them together into groups to file lawsuits in bulk. The goal was to overwhelm the judicial system and make lawyers richer. According to the U.S. Department of Justice this biased approach to litigation has been detrimental to plaintiffs. The result is that funds are being drained that would have been accessible to people who develop more serious illnesses in the near future.
The current compensation systems require that attorneys group claims based on the diagnosis. This has resulted in an increase in the number of mesothelioma lawsuits. In addition, certain states have implemented tort reforms that resulted in stricter medical requirements and an inactive docket these changes have contributed to the reduced levels of new claim filings between 2004 and the year 2006.
You can also file wrongful death lawsuits for relatives of a loved one who died who died as a result of asbestos exposure. New York state laws allow families to take legal action within three years from the time they knew (or should have been aware) 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 that establishes an expiration date for filing a claim. These deadlines vary from state to state. These deadlines are usually dependent on the date that the victim was exposed to asbestos or diagnosed with an asbestos-related disease. There are however a number of factors that could complicate these rules.
Many people who have been exposed to asbestos do not know they have been diagnosed with a disease until decades after their initial exposure. This is due the mesothelioma's latency time, and other asbestos-related diseases. It is essential that mesothelioma patients and their families file a lawsuit immediately due to the latency period.
The statute of limitations is different by state, but most start from the date of diagnosis. There are also states with different statutes of limitation for wrongful deaths versus personal injury claims. In general, wrongful-death statutes of limitation are less than those for personal injury claims.
Asbestos victims and their families should consider hiring mesothelioma attorneys as early as is feasible. The lawyer will go over all of the potential sources of compensation for a client and advise on where, when and the best way to file. A mesothelioma lawyer may assist if the statute has expired.
Mesothelioma lawyers can recommend options to seek compensation even in the event that the statute of limitations has run out for example, trust fund claims or other sources of financial aid. They may also be in a position to file the claim in another 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 an associated condition, such as lung cancer or asbestosis. Certain states have "discovery" statutes that apply the same as a traditional statute of limitations, but start at the time of the diagnosis, not the initial exposure.
El Cajon asbestos lawyers should always discuss the statute of limitations with their clients and family members. A knowledgeable mesothelioma lawyer will explain state laws, as well as specific situations where the statute of limitations can be tolled or suspended.
Hire a lawyer
Asbestos lawyers are able to navigate the complex asbestos litigation. They work with other attorneys to ensure that your case gets the most favorable outcome.
Asbestos claims differ from other personal injury cases. The exposure to asbestos was decades ago, and many of those companies have been shut down or declared bankruptcy. Many of the workers who were exposed to asbestos do not remember the places they worked in, and it can be difficult for them identify the places they might have worked in. This is why an experienced attorney is essential because they will be able to use the resources at her disposal to find out the name of the companies that were harmed and the dates when they worked at.
When the asbestos attorney has a better idea of where and how the victim was exposed to asbestos, he can engage medical experts to examine and prepare reports on the cause of mesothelioma. It is important that the asbestos lawyer is able establish the causation aspect of the case because without it the victim may not be eligible for compensation.
A mesothelioma attorney will also be able to gather the data required to make a claim against asbestos and a trust fund claim for the victim. This includes gathering information on the victim's job or work-related asbestos-related injuries as well as medical records. Also, it includes the testimonials from other victims. A mesothelioma attorney should also be aware of the different types of financial aid that are available to victims and their family members. This includes health insurance, disability insurance, and Social Security benefits.
Hiring an experienced asbestos lawyer is crucial for anyone diagnosed with mesothelioma, or another asbestos-related illness. An attorney can help determine what kind of claim they need to submit and assist them in filling the necessary paperwork. An experienced mesothelioma lawyer can assist those suffering from other asbestos-related diseases file for compensation, including trust fund and VA claims.