11 Ways To Completely Revamp Your Asbestos Exposure Claim
How to File an Asbestos Exposure Claim
A claim for asbestos exposure compel asbestos producers to take responsibility for their actions that have caused millions of people harm over the decades. The process can help victims and their families in receiving compensation for medical expenses, lost wages and funeral expenses related to asbestos-related diseases.
People who work with asbestos typically bring asbestos fibers to their homes on their clothing and skin, exposing family members to secondary exposure. This can lead mesothelioma or other asbestos-related diseases.
Medical Records
It is crucial for those diagnosed with mesothelioma or any other asbestos-related illness to keep all medical records they require. These records can help their lawyer prove that asbestos exposure caused their illness and they should be compensated for it.
The law requires that plaintiffs have an imaging scans and physician's statement that the diagnosis is due to an asbestos-related health issue. Lawyers will also require the history of employment for the patient and the names of the companies and jobs. Workers who were exposed to asbestos for prolonged periods of time, such as those in the construction industry, are at a greater risk of developing mesothelioma as well as other illnesses.
A mesothelioma lawyer with experience can also help obtain additional evidence like workers' compensation claims, veteran's benefits and other financial records. These documents can provide valuable information about asbestos-related companies and their employees.
If the victim is diagnosed with mesothelioma, his or her attorney can make an injury-related or wrongful death lawsuit against asbestos-related product manufacturers. The statute of limitations varies between jurisdictions. For instance, in New York State, legal action must be filed within three years of the date the victim knew (or should have realized based on symptoms) that the person was suffering from an asbestos-related disease.
In addition to taking legal action against a manufacturer, victims can seek compensation from an asbestos trust fund. The process can be complicated but a mesothelioma attorney will handle every step of the claim.
You can also bring a lawsuit against the employer if you are a victim or if your family member is. This type of lawsuit is different from a personal injury case and usually involves lien. Liens are financial agreements between the insurer of an accused and a family member or a victim of a mesothelioma patient.
A wrongful death lawsuit can be brought against a variety of individuals, including those who supervised asbestos-contaminated sites, asbestos contractors and asbestos manufacturers. Mesothelioma patients and their families could be entitled to compensation for their losses. This includes funeral expenses as well as lost wages and discomfort and pain.
Work History
If you or someone close to you was exposed to asbestos, creating an accurate work history is important. It will help lawyers determine which type of claim is appropriate and what documentation is required to support it.
In the 20th century, asbestos was widely used in trades, including shipyards, construction, and insulation. Workers brought asbestos fibers home on their clothing which put families at risk of developing mesothelioma years later. A North Carolina mesothelioma lawyer could look over your or a loved one's medical documents and work history to see whether a secondhand exposure claim is possible.
In a mesothelioma case, the plaintiff must determine the companies responsible for the asbestos victims’ losses, including funeral expenses, medical expenses, and lost income. Lawyers can assist clients with getting documents like pension or disability information from their employers, interviewing witnesses and creating the timeline.
If a mesothelioma victim died before the case was resolved the family may start a wrongful-death lawsuit to collect compensation. A wrongful death suit can be filed to pay funeral and treatment costs, and to ensure financial security.
If needed, asbestos victims' attorneys can file claims against a variety of defendants to receive complete payment. This could include the company that supplied raw asbestos, manufacturers of asbestos-related products as well as negligent employers. These companies knew that their products could cause harm, but failed to warn employees or take precautions to protect them.
The EPA provides a variety of resources to families and individuals who suffer from asbestos-related diseases. The TSCA Hotline, Asbestos Ombudsman and other resources are available. Trust funds established by the spouses of survivors or asbestos victims could offer compensation to those who suffer from asbestos-related illnesses such as mesothelioma.
In contrast to workers' compensation, an asbestos lawsuit requires an attorney to represent the rights of the plaintiff and not the employer. In the case of a mesothelioma lawsuit, that requires a skilled lawyer who is experienced in seeking compensation from trust funds or private insurance companies that have claimed that they are not responsible for exposing asbestos victims cancer-causing toxic substances.
Secondhand Exposure
Although the majority of mesothelioma cases are caused by exposure to asbestos but secondhand (ambient) exposure can also be an important risk factor. Individuals may come into contact with asbestos while washing clothes or interacting with furniture, or in physical contact with someone who works around or handles asbestos-containing products. These interactions can release toxic fibers into the air, where others can breathe them in or ingest.
In the majority of instances, asbestos lawsuits involving secondhand asbestos exposure require the assistance of an experienced lawyer who is able to identify asbestos. Attorneys with expertise in handling these kinds of claims can examine records and interview witnesses to determine the source of exposure. Attorneys can also help victims file an asbestos lawsuit and navigate state laws on liability.
In the majority of cases, secondhand asbestos exposure is the result of a blue-collar employee carrying asbestos fibers home with them after working shifts. Workers brought these contaminated clothes hair and other equipment to their homes, where they would lounge on couches, use appliances and touch surfaces for hours or minutes. Asbestos spread to family members like spouses, children, and others through this contact. The people probably did not realize they were bringing carcinogenic substances into their homes. The tiny, minuscule fibers could get stuck to hair, clothing and even skin.
Anyone who has come into contact with contaminated furniture, laundry or other objects can submit an asbestos claim. These kinds of lawsuits typically require the assistance of an experienced asbestos lawyer who can provide evidence such as clothing labels, medical records and asbestos tests. Lawyers can assist plaintiffs in identifying companies that manufactured asbestos-containing products.
Asbestos victims may also bring a lawsuit against asbestos trust funds that pay relatively fixed amounts for mesothelioma and other asbestos-related diseases. The process is simpler than filing suit against companies individually, and it is often easier to receive compensation from a fund rather than an employer.
Anyone who is eligible for funds from an asbestos fund should seek out a law firm that specializes in mesothelioma immediately. Somerville asbestos lawyers can assess eligibility to file a claim, determine the most appropriate state or jurisdiction for the lawsuit and handle the entire process of filing.
Statute of Limitations
The statute of limitations, which determines the time limit for when that a person must bring a lawsuit, may differ by state. In certain states, the clock starts ticking when a patient is diagnosed with an asbestos-related disease, whereas in other states it begins when they first become exposed.
A mesothelioma lawyer can assist patients in understanding the statute of limitations in their state and how it is connected with the type of asbestos claim that they're filing. Comprehensive medical records, employment histories and relevant product details are needed to prove a link between exposure and the asbestos-related disease. However, it is difficult to identify a precise date of exposure because asbestos-related diseases have a long latency period.
A lawyer who is experienced can help victims understand their legal and medical options, which may include bringing a lawsuit against negligent asbestos companies. This could include a company which mined asbestos, produced products that contain asbestos, or a negligent employer who knew about employee exposure but failed to protect workers.
A successful asbestos lawsuit could help pay for medical expenses home care costs, loss of quality-of-life, suffering and pain and funeral expenses and loss in the consortium of your loved one who died of an asbestos related disease. More than $30 billion has been put aside in trust funds by companies that exposed workers to asbestos. The majority of mesothelioma patients have received financial compensation through these trust funds.
A mesothelioma lawyer is able to look over evidence relating to asbestos and decide the best method to file an asbestos lawsuit, whether it is for personal injury or wrongful death. A lawyer with experience can help determine where to file. The state in which the victim lived or worked, and the location of asbestos-related companies could be a factor in the filing requirements.
An experienced mesothelioma lawyer will collect the most evidence to support a client's claim. This includes the patient's full medical documents, employment history, and the names of any asbestos-related items that were used on the job site. These documents are essential to prove a link between the patient's mesothelioma or another asbestos-related condition and a specific asbestos-related company or companies responsible for their exposure.