7 Useful Tips For Making The Most Out Of Your Asbestos Claim

How to File an Asbestos Claim

Legal action is taken against companies who exposed a person or a company to asbestos. Lawsuits must be filed within a certain time period called the statute of limitations.

Asbestos lawsuits can be filed by victims who are alive or their families. When a plaintiff dies the estate representative of their deceased victim may continue the case in a wrongful death lawsuit.

Work History

Asbestos-related victims need to provide their lawyer's documents that clearly specify when they were exposed to asbestos, the nature of their work and the time for exposure. This information will assist the lawyer establish a direct connection between the exposure and the illness of the victim. Without the correct evidence an asbestos lawsuit might not be able to move forward.

Asbestos is most likely be found in industrial environments. The exposure can also be found in schools and churches as well as hospitals, bases of military and private homes. Asbestos is present in shingles, pipes, insulation, and fireproofing materials. Asbestos fibers can cause respiratory issues and other diseases like mesothelioma in people who are exposed to the material.

Many of the companies that manufactured asbestos knew of its dangers, but chose to keep this information quiet. This decision was made to ensure the safety of the industry and to increase profits. It wasn't until first asbestos lawsuits were filed that these companies began to compensate people who contracted mesothelioma or other diseases caused by exposure.

A lawsuit against an asbestos-related company is a complex task. Because asbestos is no longer used, it can be difficult to determine who is responsible. There are a number of laws that can help victims determine the companies accountable for their exposure to asbestos. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) The Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.

Asbestos victims are usually compensated by asbestos trust funds. These funds were created to assist victims of asbestos exposure receive compensation if the companies responsible for their exposure have gone into bankruptcy. In these situations, an experienced attorney specializing in asbestos litigation will be able to negotiate with these funds and get you the most amount of compensation you can get.

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

Testimonials

You can sue the companies that put you at risk if you're diagnosed with mesothelioma, or another asbestos-related disease. Your legal team will collect evidence to prove the businesses that caused harm to you, which includes medical proof of diagnosis as well as the identification of the asbestos product. Many lawsuits involve dozens of defendants, as it is common for plaintiffs to be exposed to various asbestos lawyers-related products during their career.

A lawyer with a specialization in mesothelioma claims can help you find the appropriate defendants for your case even if these businesses have gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases and helped resolve over $2 billion worth of asbestos litigation.

In the past, law firms that specialized in asbestos litigation would approach clients and then "bundle" them into groups to file lawsuits in large quantities. The goal was to overwhelm the judicial system and to enrich lawyers. According to the U.S. Department of Justice, this skewed litigation approach has been detrimental to plaintiffs. It also drained funds that could have been available to individuals who are expected to develop more serious illnesses in the future.

The current compensation system requires that attorneys group claims based on diagnosis. This has led to an enlargement of the number of mesothelioma lawsuits. These changes, in addition to the fact some states have implemented reforms to tort law that have resulted in a stricter medical criterion as well as an inactive docket have led to a decrease in number of new claims filed between 2004 to 2006.

In addition to mesothelioma lawsuits you can also claim wrongful death compensation for family members who lost a loved one because of asbestos attorney exposure. New York law allows families to start lawsuits within three years from the date they learned (or were aware) of an injury. In other states, the statutes of limitation differ in New Jersey and Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitation is a law which sets an expiration date for filing a claim. These deadlines differ by state. These deadlines are usually dependent on the date that the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. There are however a number of factors that could complicate these rules.

Many people who have been exposed to asbestos do not realize that they have a disease for a long time following the initial exposure. This is due to the mesothelioma's latency time, and other asbestos-related diseases. It is crucial that mesothelioma sufferers and their families file a lawsuit immediately due to the latency period.

The time limit for a statute of limitations varies from state to state, but in most cases it starts with the date of diagnosis. There are some states with different statutes of limitation for wrongful deaths versus personal injury claims. In general, the statutes of limitations are shorter than those for personal injury claims.

Asbestos patients and their families should consult a mesothelioma attorney as soon as they can. The lawyer will go over all the possible sources of compensation for clients and provide advice on the best time, place and how to file. A knowledgeable mesothelioma attorney 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 has expired. These include trust fund claims as well as other sources of financial assistance. They may also be capable of filing 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 begins when they are diagnosed with an associated condition, like asbestosis or lung cancer. Some states have "discovery" statutes, which apply the same as a traditional statute of limitations but start from the date of the diagnosis, not the initial exposure.

Mesothelioma lawyers should always discuss the statute of limitations with their clients and loved ones. A knowledgeable mesothelioma lawyer can explain the laws of the state, as well as specific situations where the statute of limitations could be extended or suspended.

Hire a lawyer

Asbestos attorneys know how to navigate through the complicated asbestos litigation. They work with other lawyers to ensure that your case is given the best possible result.

Asbestos claims are distinct from other personal injury cases. The main reason is that asbestos exposure occurred decades ago and many of the companies exposed have either declared bankruptcy or gone out of business. The majority of the workers who were exposed don't even remember where they worked, and it is difficult for them to identify the places where they might have been exposed. An experienced attorney can assist you with this as he/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 there the lawyer can then engage medical experts to review the evidence and create reports on how exposure to asbestos led to mesothelioma. It is essential that the asbestos lawyer can determine the causation element of the case, as without it, the victim may not qualify for compensation.

A mesothelioma lawyer will also be able to collect the necessary information that is required to submit 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 testimonies of other victims. A mesothelioma lawyer should be familiar with the various types of financial assistance that is 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 any other asbestos-related disease. A lawyer can be capable of helping patients decide which claim is the best for them and help to file the proper paperwork. A mesothelioma attorney can also assist people suffering from other asbestos-related diseases file for compensation. This includes trust fund and VA claims.