Learn About Asbestos Claim While You Work From Your Home

How to File an Asbestos Claim

Legal action is taken against companies that exposed a person or company to asbestos. The statute of limitations is a period within which lawsuits must be filed.

Asbestos lawsuits can be filed by victims who are alive or their families. If a plaintiff dies, their estate representative may continue the case in a lawsuit for wrongful deaths.

Work History

Asbestos victims must provide their lawyer with documents that clearly state the date they were exposed to asbestos, their job involved and the length of time. This information will allow the lawyer to establish a direct connection between the exposure and the victim's illness. A lawsuit involving asbestos could not be successful if evidence isn't there.

Those who work in an industrial environment are most likely to be exposed to asbestos. However, asbestos exposure is common in churches, schools and military bases, hospitals and in private homes. Asbestos is present in insulation, fireproofing materials pipes, shingles, and pipes. People who are exposed to these materials could inhale asbestos fibers and develop respiratory problems and other illnesses, such as mesothelioma.

Many of the companies that produced asbestos knew of its dangers, but decided to keep this information quiet. This was done in order to protect the industry and increase profits. It wasn't until first asbestos lawsuits were filed that these companies started to pay compensation to those who developed mesothelioma and other diseases due to exposure to asbestos.

A lawsuit against an asbestos company can be a difficult task. It is difficult to determine the responsible parties since asbestos attorneys is no more in use. However, there are a variety of laws that assist victims in identifying the companies responsible for their exposure. These 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 were established to help injured victims receive compensation when the companies responsible for their exposure have gone bankrupt. An experienced attorney who is skilled in asbestos litigation knows how to negotiate these funds and ensure the most compensation.

Families of those who died from mesothelioma, or another asbestos-related illness, may file wrongful death cases. This type of lawsuit seeks compensation for the unreimbursed funeral costs, medical expenses and loss of income for the deceased. These lawsuits also aim to hold asbestos companies responsible for their negligence.

Testimonials

Once you have been diagnosed with mesothelioma or another asbestos-related disease, you can file a lawsuit against the companies who put you in danger. Your legal team will collect evidence to prove that the companies that harmed you, including medical proof of diagnosis and the identification of asbestos products. Many lawsuits involve dozens of defendants, as it is common for plaintiffs to be exposed to various asbestos-related products over the course of their career.

A lawyer who is specialized in mesothelioma cases will find the right defendants in your case, even if they have gone bankrupt. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has been involved in hundreds of mesothelioma cases and helped resolve over $2 billion worth of asbestos litigation.

In the past law firms that specialize in asbestos litigation would seek clients and then "bundle" them together into groups to file lawsuits in massive quantities. The idea was to overburden the legal system and benefit lawyers. This skewed approach to litigation has harmed plaintiffs, according to the U.S. Department of Justice. It also drained funds that could have been made available to individuals who are expected to 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 a decrease in the number of mesothelioma lawsuits. This is in addition to the fact that certain states have implemented tort reforms which have resulted in stricter medical requirements and an inactive docket, these changes have led to the decrease in new claim filings from 2004 to the year 2006.

In addition to mesothelioma cases, you can claim wrongful death compensation for family members who have lost a loved one because of asbestos exposure. New York law allows families to file a lawsuit within three years from the time they were aware (or were aware) of the injury. In other states the statutes of limitations are different in New Jersey and Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitation is a law that sets the deadline for filing an claim. These deadlines vary from state to state. They are usually dependent on the date of the victim's exposure to asbestos or when they were diagnosed with an asbestos-related disease. There are however a number of factors that can complicate these rules.

Many people who have been exposed to asbestos are unaware that they have a disease for decades after the initial exposure. This is due to the mesothelioma's latency time, and other asbestos-related illnesses. It is essential that mesothelioma patients as well as their families file a lawsuit immediately due to the latency period.

The statute of limitations is different by state, but most begin from the date of diagnosis. Some states have different statutes for personal injury cases and wrongful-death claims. In general, the statutes of limitations are shorter than those for personal injury claims.

Asbestos patients and their families should consult an attorney for mesothelioma as soon as possible. The lawyer can review all potential sources of compensation and give advice on where, how and when to file. Additionally, a knowledgeable mesothelioma lawyer can help in the event that the statute of limitations has already expired.

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

If the victim is not diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed as having another related illness, like lung cancer or asbestosis. Some states have "discovery statutes" that use the same rules as traditional statutes of limitations, but start at the date of diagnosis, not exposure.

Mesothelioma attorneys should always discuss the statute of limitations with their clients and their loved family members. A mesothelioma attorney can explain the law of the state and also the situations in which the statute of limitations can be tolled or suspend.

Employ a lawyer

Asbestos lawyers know how to navigate the complicated asbestos attorneys litigation. They will collaborate with other attorneys to ensure that your case gets the best possible outcome.

Asbestos claims are different from other personal injury cases. The asbestos exposure occurred decades ago, and many of the companies affected have gone out of business or filed for bankruptcy. Many of the workers who were exposed to asbestos can't remember where they worked, and it can be difficult for them identify the places they might have been in. A knowledgeable attorney can assist you with this because he/she will be able to use the tools available for determining which companies were exposed and when they worked at the place.

Once the asbestos attorney (your domain name) has an understanding of the place the individual was exposed and what they did there, he or she can then engage medical experts to look over the evidence and prepare reports on how exposure to asbestos led to the mesothelioma. It is important that the asbestos lawyer can determine the causation element of the case because without it the victim may not qualify for compensation.

A mesothelioma lawyer can be able to collect the required information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's work, asbestos-related injuries medical records, testimonials from other victims and more. Additionally, a mesothelioma lawyer must be familiar with the various types of financial assistance that are available to victims and their families. This includes disability insurance, health insurance insurance, and Social Security benefits.

Anyone diagnosed with mesothelioma, or any other asbestos-related disease, should hire an asbestos lawyer. A lawyer is capable of helping patients determine which type of claim is appropriate for them and help to file the proper documents. A mesothelioma lawyer who is experienced can assist those suffering from other asbestos-related diseases file claims for compensation, such as trust fund and VA claims.