How to File an Asbestos Claim
A legal action is initiated against companies who exposed a person or company to asbestos. Lawsuits must be filed within a specific time period known as the statute of limitations.
Asbestos lawsuits may be filed by living victims or their families. If a plaintiff dies, their estate representative can continue the case as a wrongful death lawsuit.
Work History
Asbestos victims need to give their lawyer documents that clearly specify the date of their exposure to asbestos, what their job involved and for how long. This information will assist the lawyer establish a direct link between the exposure and the patient's condition. A lawsuit involving asbestos may not be successful if the evidence is lacking.
Asbestos is more likely to be found in industrial settings. The exposure can also be found in schools and churches, hospitals, bases of military, as well as private residences. Asbestos is found in shingles, pipes insulation, fireproofing, and insulation materials. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma for those who are exposed to this material.
Many companies that made asbestos were aware of the dangers however they decided to not speak about it. This decision was made to safeguard the industry and increase profits. It wasn't until first asbestos lawsuits were filed that the companies began to compensate people who developed mesothelioma and other diseases caused by exposure.
A lawsuit against a company that produces asbestos can be a complicated process. It is difficult to determine the parties responsible since asbestos is no longer used. There are many laws that can assist victims find the companies responsible for their asbestos exposure. 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.
Asbestos victims are typically compensated by asbestos trust funds. These funds are set up to help victims get compensation if the businesses responsible for their exposure have gone under. In these situations, an experienced attorney specializing in asbestos litigation will know how to negotiate with these funds and get you the most amount of compensation that is possible.
These cases are filed by the relatives of those who have passed away due to mesothelioma or another asbestos-related disease. This type of claim seeks to recover the unpaid medical costs, funeral expenses and loss of income for the deceased. These lawsuits also seek to hold the responsible asbestos companies accountable for their wrongful conduct.
Testimonials
Once you have been diagnosed with mesothelioma or another asbestos-related illness, you can file a lawsuit against the companies who put you in danger. Your legal team will gather evidence to show that the businesses harmed you. This includes medical evidence of your diagnosis and asbestos product identification. Because it is commonplace for plaintiffs have had exposure to various asbestos-related products throughout their lives, many lawsuits involve multiple defendants.
A lawyer who is specialized in mesothelioma cases can to locate the right defendants for your case, even if they have gone bankrupt. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases since more than 30 years. James Patton, the chairman of the firm, has worked on 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 on a mass basis. The idea was to overburden the judiciary and enrich lawyers. This biased approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. It also has sucked up funds that would have been available for individuals who will develop more serious illnesses in the future.
The current compensation system requires that attorneys categorize claims based on diagnosis. This has resulted in the reduction of mesothelioma lawsuits being filed. Combined with San Mateo asbestos lawsuit that some states have enacted tort reforms that resulted in stricter medical criteria and an inactive docket, these changes have led to the decrease in new claims being filed between 2004 and the year 2006.
In addition to mesothelioma cases, you can claim wrongful death compensation for family members who lost loved ones due to asbestos exposure. New York state laws allow families to pursue legal action within three years of the date they were aware (or should have known) of the injury. In other states the statutes of limitation are different, with New Jersey and Pennsylvania requiring legal action within two years.
Statute of Limitations
A statute of limitations is a law that sets the deadline for filing a legal claim. These deadlines vary from state to state. These deadlines are usually based on when the victim was exposed to asbestos or diagnosed with an asbestos-related illness. However, there are several factors that can complicate the rules.
Many asbestos-related exposure victims do not realize they have been diagnosed with a condition until decades after their first exposure. This is due to the mesothelioma latency period and other asbestos-related ailments. Due to the time of latency, it is important for mesothelioma patients and their families to make a claim as soon as they can.
The statute of limitations differs from state to state but in most cases it starts with the date of diagnosis. Some states have different statutes of limitations for personal injury cases and wrongful-death claims. In general, the statutes of limitation 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 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 knowledgeable mesothelioma attorney can help when the statute of limitation has already expired.
Mesothelioma lawyers may suggest alternatives to seek compensation even in the event that the statute of limitations has expired for trust fund claims or other sources of financial aid. They might also be capable of filing the claim in a different jurisdiction where the statute of limitations hasn't yet expired.
If the victim is not diagnosed with mesothelioma the statute of limitations starts when they are diagnosed with another related illness, like lung cancer or asbestosis. Some states have "discovery" statutes that have the same effect as a standard statute of limitations but start from the date of the diagnosis instead of the first exposure.
Mesothelioma lawyers should always discuss the statute of limitations with clients and their loved family members. A knowledgeable mesothelioma lawyer will explain state laws as well as specific situations in which a statute of limitations may be extended or suspended.
Hire a Lawyer
Asbestos lawyers know how to navigate the complex asbestos litigation. They will work with other lawyers to ensure that your case receives the best possible outcome.
Asbestos cases are very different 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 are 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 determine the places where they might have been exposed. This is where an experienced attorney is critical because they will be able to use the resources at his or his disposal to discover the names of the businesses that were harmed and the dates that they worked for them.
After the asbestos lawyer 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 write reports on how exposure to asbestos triggered mesothelioma. It is crucial that the asbestos lawyer is able establish the causation part of the case because 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 obtaining information about the victim's employment as well as asbestos-related injuries medical records, testimonials from other victims and more. A mesothelioma attorney should also be aware of the different kinds of financial aid that are available to victims and their family members. This includes disability insurance, health insurance insurance and Social Security benefits.
Hiring an experienced asbestos lawyer is essential for anyone who has been diagnosed with a mesothelioma or any other asbestos-related disease. A lawyer can help people determine the kind of claim they should make and help them fill out the paperwork. A mesothelioma lawyer who is experienced can assist those suffering from other asbestos-related illnesses file for compensation, including trust fund and VA claims.