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 time period within which lawsuits must be filed.
Asbestos lawsuits can be brought by the living victims or their families. When a plaintiff dies the estate representative of their estate may continue the case despite wrongful death.
Work History
Asbestos sufferers must provide their lawyer with documents that clearly specify the date they were exposed to asbestos, what their job entailed and the length of time. This information will help the lawyer establish a direct link between exposure to asbestos and the victim's illness. A lawsuit involving asbestos may not be successful if the evidence isn't there.
People who work in an industrial setting are most likely to be exposed to asbestos. However, this exposure also could occur in schools, churches, military bases, hospitals and private residences. Asbestos can be found in shingles, pipes, insulation, and fireproofing materials. People who are exposed to these materials may inhale asbestos fibers and suffer respiratory problems and other illnesses, such as mesothelioma.
Many companies that made asbestos were aware of its dangers however, they chose to keep it quiet. This decision was made to ensure the safety of the industry and to increase profits. These companies did not begin to compensate those who were diagnosed with mesothelioma or other ailments due to asbestos exposure until the first lawsuits were filed.
A lawsuit against a company which manufactures asbestos is a complicated task. It can be difficult to identify responsible parties because asbestos is no more used. There are many laws that can assist 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 just a few examples.
Asbestos victims are typically compensated by asbestos trust funds. These funds are established to help injured victims get compensation if the businesses responsible for their exposure have gone bankrupt. In these situations, an experienced attorney specializing in asbestos litigation will be able to negotiate with these funds and ensure you receive the highest amount of compensation possible.
Wrongful death cases are filed by the relatives of those who have passed away from mesothelioma, or another asbestos-related disease. This type of claim seeks damages for the deceased person's unreimbursed funeral expenses, medical bills and loss of income. These lawsuits also seek to hold asbestos companies responsible for their negligence.
Testimonials
You can sue the businesses that put you at risk if you are diagnosed with mesothelioma or another asbestos-related disease. Your legal team will collect evidence to prove that the companies caused harm to you. This includes medical evidence of your diagnoses and asbestos product identification. As it is common that plaintiffs have been exposed to various asbestos-related products throughout their careers, many lawsuits involve multiple defendants.
A lawyer who is specialized in mesothelioma cases will be able to identify the right defendants for your case even if they've gone 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 been involved in hundreds of mesothelioma cases. The firm has helped resolve over $2 billion in asbestos litigation.
In the past, law firms that specialize in asbestos litigation would approach clients and then "bundle" them together into groups to file lawsuits in massive quantities. The aim was to overload 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 that could have been available to individuals who are expected to develop more serious illnesses in the future.
The current compensation system requires attorneys group claims according to diagnosis. This has led to the reduction of mesothelioma lawsuits being filed. This is in addition to the fact that some states have enacted tort reforms that resulted in stricter medical criteria and an inactive docket these changes have contributed to a decrease in new claims being filed from 2004 to the year 2006.
You can also make wrongful death lawsuits on behalf of family members of a deceased loved one who died due to asbestos exposure. New York law allows families to bring an action within three years from the time they were aware (or were aware) of the injury. Other states have different statutes of limitations. New Jersey and Pennsylvania have a two-year deadline for legal action.
Statute of limitations
A statute of limitations is a law that establishes a deadline for filing an claim. The deadlines vary according to the state. These deadlines are usually dependent on the date that the victim was exposed to asbestos or mesothelioma asbestos claims diagnosed with an asbestos-related disease. However, there are several factors that could complicate these rules.
Many people exposed to asbestos do not know they have been diagnosed with a disease until decades after their initial exposure. This is due to the latency period for mesothelioma, and other asbestos-related illnesses. It is essential 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 from the date of diagnosis. There are also states with different statutes of limitations for wrongful death cases as opposed to personal injury claims. In general, wrongful-death statutes of limitation are less than those for personal injury claims.
Asbestos patients and their families must hire an attorney for mesothelioma immediately. The lawyer will go over all possible sources of compensation for a client and provide advice on where, when and how to file. A knowledgeable mesothelioma lawyer can help in the event that the statute of limitations has already expired.
Lawyers for mesothelioma may suggest options to obtain compensation even if the statute has expired. This includes trust fund claims as well as other sources of financial aid. They may be able file the claim in a place in which the statute of limitations has not expired.
If the patient has not been diagnosed with mesothelioma or other cancers, the time limit begins when they are diagnosed with a congenital condition, such as asbestosis or lung cancer. Certain states have "discovery" statutes that apply the same as a traditional statute of limitations, but start at the time of the diagnosis instead of the original exposure.
Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and loved ones. A mesothelioma lawyer can explain state law, as well as situations where the statute of limitations could be tolled or suspend.
Hire a lawyer
Asbestos lawyers are able to navigate the complex asbestos litigation. They work with other lawyers to ensure that your case receives the highest chance of success.
Asbestos cases are different from other personal injury claims. The asbestos exposure was years ago, and a lot of the companies affected have been closed or declared bankruptcy. Many times, those who were exposed do not even remember where they worked and it is hard for them to identify the places where they might have been exposed. A knowledgeable attorney can assist you in this regard as he or she will be able use the tools available to find out what companies were exposed and when they worked for them.
After the asbestos lawyer has an understanding of the location to which the individual was exposed to asbestos and what they did the lawyer will then call in medical experts to review the evidence and write reports about how the exposure to asbestos caused mesothelioma. It is crucial that the asbestos lawyer can establish the causation aspect of the case, as without it the victim may not be eligible for compensation.
A mesothelioma lawyer will also be able to gather the information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information about the victim's occupation, asbestos-related injuries and medical records. Also, it includes the testimony from other victims. A mesothelioma lawyer must also be knowledgeable about the various kinds of financial aid available to patients and their family members. This includes health insurance, disability insurance and Social Security benefits.
Anyone who is diagnosed with mesothelioma or any other asbestos-related disease is advised to consult an asbestos lawyer. An attorney can help determine the kind of claim they need to make and help them fill out the forms. A mesothelioma lawyer can help those with other asbestos-related illnesses file for compensation. This includes trust funds and VA claims.