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 period within which lawsuits must be filed.
Asbestos lawsuits can be filed by victims who are living or their families. If a plaintiff dies, their estate representative can continue the case as a wrongful death lawsuit.
Work History
Asbestos-related victims need to provide their lawyer's papers that clearly state when they were exposed to asbestos, the nature of their work and the time for exposure. This information will allow the lawyer to establish a direct connection between asbestos exposure and the victim’s illness. A lawsuit involving asbestos may not be successful if evidence is not there.
Asbestos is more likely to be found in industrial settings. It can also happen in schools and churches as well as hospitals, bases of military, and private homes. Asbestos can be found in fireproofing, insulation pipes, shingles and pipes. Asbestos fibers can cause respiratory problems and other diseases like mesothelioma in people who are exposed to asbestos.
Many asbestos-producing companies were aware of its dangers, but chose to keep it quiet. This was a decision made to boost profits and safeguard the industry. It wasn't until first asbestos lawsuits were filed that these companies began to compensate people who contracted mesothelioma or other illnesses due to exposure to asbestos.
A lawsuit against a business which manufactures asbestos is a complicated task. It is difficult to determine the parties responsible since asbestos is no more used. There are a number of laws that 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) as well as the Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.
Trust funds for asbestos are typically responsible for paying compensation to asbestos victims. These trust funds are established to assist victims of asbestos get compensation when the companies who exposed them went into bankruptcy. In these instances an experienced attorney who specializes in asbestos litigation will know how to bargain with these funds and get you the most amount of compensation you can get.
Families of people who died from mesothelioma or another asbestos-related illness, may bring wrongful death lawsuits. This type of claim seeks compensation for the unreimbursed funeral costs, medical expenses and loss of income of the deceased. Boise City asbestos attorney seek to hold the asbestos companies responsible for their negligence.
Testimonials
You can sue the companies who put you at risk, if you're diagnosed with mesothelioma, or another asbestos-related disease. Your legal team will gather evidence to prove the businesses that harmed you, including medical evidence of your diagnosis and the identification of asbestos products. Because it is commonplace for plaintiffs have been exposed different asbestos products throughout their lives Many lawsuits involve multiple defendants.
A lawyer who is specialized in mesothelioma lawsuits will be able to identify the most suitable defendants for your case even if the companies have been declared bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been working on 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 to settle more than $2 billion of asbestos litigation.
Firms that were specialized in asbestos litigation would "bundle" clients together to file lawsuits in mass. The goal was to overwhelm the judicial system and to increase the wealth of lawyers. This skewed 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 those who are likely to develop more serious diseases in the future.
The current compensation system requires that attorneys categorize claims based on the diagnosis. This has led to an enlargement of the number of mesothelioma lawsuits. These changes, in addition to the fact that some states have passed reforms to tort law, which have led to in a stricter medical criterion as well as an inactive docket have led to a decrease in number of new claims that were filed from 2004 to.
In addition to mesothelioma cases you can also claim wrongful death compensation for family members who have lost loved ones due to asbestos exposure. New York law allows families to start lawsuits within three years of the time they became aware (or should have known) of an injury. In other states the statutes of limitations differ in New Jersey and Pennsylvania requiring legal action within two years.
Statute of limitations
A statute of limitation is a law that sets a deadline to file a claim. These deadlines differ by state. These deadlines usually are dependent on the date that the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. There are several factors which can complicate the rules.
Many people who have been exposed to asbestos do not realize of the existence of a condition for a long time following the initial exposure. This is due to the latency period of mesothelioma and other asbestos-related diseases. It is important that mesothelioma patients as well as their families file a lawsuit right away due to the latency period.
The statute of limitations is different in each state, but they generally start with the date of diagnosis. There are some states that have different statutes of limitation for wrongful death cases as opposed to personal injury claims. In general, the statutes of limitation are shorter than those for personal injury claims.
Asbestos victims and their families ought to consider hiring mesothelioma attorneys as early as is possible. The lawyer can review all potential sources of compensation and give guidance on how, where and when to file. Additionally, an experienced mesothelioma lawyer can assist when the statute of limitation has already expired.
Mesothelioma lawyers can recommend options to seek compensation even in the event that the statute of limitations has expired for example, trust fund claims or other sources of financial aid. They might also be able to file the claim in a different jurisdiction where the statute of limitations has not yet expired.
If the person hasn't been diagnosed with mesothelioma or other cancers, the statute of limitations starts when they are diagnosed with a related illness, such as asbestosis or lung cancer. Some states have "discovery" statutes, which apply the same as a traditional statute of limitations, but begin with the date of diagnosis instead of the first exposure.
Mesothelioma attorneys should always discuss statutes of limitations with their clients and their loved family members. A mesothelioma lawyer can explain state law and also the situations where a statute of limitation may be suspended or tolled.
Hire a lawyer
Asbestos attorneys know how to navigate the complicated asbestos litigation. They will work with other lawyers to ensure your case has the highest chance of success.
Asbestos claims differ from other personal injury cases. The main reason is because asbestos exposure happened several decades ago and many of the companies that were exposed have either declared bankruptcy or are out of business. The majority of the workers who were exposed do not even remember where they worked and it's difficult for them to determine the locations in which they could have been exposed. This is why a seasoned attorney is essential because he or she will be able to use the resources at his disposal to determine the name of the companies that were exposed and the dates that they worked for them.
When the asbestos attorney has a better idea of the location and how the victim was exposed to asbestos, he is able to get medical experts to review and prepare reports on the causes of mesothelioma. It is important that the asbestos lawyer is able determine the causation element 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 bring a lawsuit against asbestos as well as a trust fund claim for the victim. This includes obtaining information about the victim's occupation or work-related asbestos-related injuries as well as medical records. It also includes testimony from other victims. Additionally, a mesothelioma lawyer should be acquainted with all of the different types of financial assistance that are available to victims and their families. This includes disability insurance, health insurance insurance and Social Security benefits.
Employing an expert asbestos lawyer is essential for anyone diagnosed with mesothelioma, or any other asbestos-related disease. A lawyer is able to help individuals decide which claim is appropriate for them and help them file the appropriate documentation. An attorney for mesothelioma can assist those suffering from other asbestos-related diseases file for compensation. This includes trust fund and VA claims.