Comprehensive List Of Asbestos Claim Dos And Don'ts
How to File an Asbestos Claim
A 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 victims who are living or their families. When a plaintiff dies, their estate representative can pursue the case as a lawsuit for wrongful deaths.
Work History
Asbestos-related victims need to provide their lawyer's documents that clearly specify the time they were exposed asbestos, their job description and the length of time they were exposed to asbestos. This will enable the lawyer to establish a direct link between the asbestos exposure and the victim’s disease. A lawsuit that involves asbestos may not be successful if evidence is lacking.
Workers in a workplace are most likely to be exposed to asbestos. However, asbestos exposure could occur in schools, churches, military bases, hospitals and in private homes. Asbestos is found in fireproofing and insulation materials, pipes and shingles. Asbestos fibers can cause respiratory issues and diseases such as mesothelioma in people who are exposed to the material.
Many of the companies that produced asbestos knew of its dangers, but chose to keep this information quiet. This was a decision made to boost profits and safeguard the industry. These companies did not begin to pay compensation to those who contracted mesothelioma and other illnesses because of asbestos exposure until the first lawsuits were filed.
A lawsuit against a business that produces asbestos is a difficult task. Because asbestos is no longer used it can be a challenge to determine the parties responsible. There are however many laws that assist victims in identifying the companies that are responsible for their exposure. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund, the Safe Drinking Water Act and the Resource Conservation and Recovery Act.
Asbestos victims are typically compensated by asbestos trust funds. These funds are set up to help injured victims get compensation when the companies which exposed them have gone bankrupt. In these instances an experienced lawyer who specializes in asbestos litigation will be able to negotiate with these funds and ensure you receive the highest amount of amount of compensation that is possible.
The cases of wrongful death are filed by family members of people who have died due to mesothelioma or another asbestos-related disease. This type of lawsuit seeks compensation for unreimbursed funeral costs, medical expenses and loss of income of the deceased. These lawsuits are also designed to hold asbestos companies responsible for their negligence.
Testimonials
You can sue the businesses who put you at risk, if you're diagnosed with mesothelioma, or another asbestos-related disease. Your legal team will collect evidence to show that the companies caused harm to you. This includes medical proof of your diagnoses and asbestos product identification. Since it is commonplace that plaintiffs have been exposed various asbestos-related products throughout their career, many lawsuits contain multiple defendants.
A lawyer who is specialized in mesothelioma claims can help you find the appropriate defendants for your case, even if these companies have declared bankruptcy. 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 worked on hundreds of mesothelioma cases and helped settle more than $2 billion worth of asbestos litigation.
San Antonio asbestos attorneys that specialized asbestos litigation would "bundle" clients together to file lawsuits in mass. The aim was to overload the legal system and benefit lawyers. According to the U.S. Department of Justice this biased approach to litigation has been detrimental to plaintiffs. It also has sucked up funds that would have been available to those who develop more serious illnesses in the future.
The current compensation systems require that attorneys group claims based on the diagnosis. This has resulted in an enlargement of the number of mesothelioma lawsuits. These changes, along with the fact some states have passed reforms to tort law that have led to the use of a more strict medical criterion and an inactive docket have led to a reduction in the number of new claims that were filed from 2004 to.
In addition to mesothelioma lawsuits, you can make claims for wrongful death for family members who lost a loved one due to asbestos exposure. New York state laws allow families to file a legal claim within three years of when they became aware (or should have known) of the injury. In other states the statutes of limitations differ and include New Jersey and Pennsylvania requiring legal action within two years.
Statute of Limitations
A statute of limitations is a law that imposes the deadline for filing an action in court. The deadlines vary by state. They are usually based on the date of the victim's exposure to asbestos or when they were diagnosed with an asbestos-related disease. There are however a number of factors that could complicate the rules.
Many people exposed to asbestos do not realize they have been diagnosed with a condition until years after their initial exposure. This is due to the mesothelioma's latency time, and other asbestos-related illnesses. It is crucial that mesothelioma patients and their families file a lawsuit right away due to the latency period.
The time limit for a statute of limitations differs in each state, but they generally start from the date of diagnosis. There are also states that have different statutes of limitation for wrongful death cases versus personal injury claims. In general, wrongful death statutes of limitation are shorter than those for personal injury claims.
Asbestos patients and their families should consult mesothelioma lawyers as soon as possible. The lawyer will be able to review all potential sources of compensation and offer guidance on how, where and when to file. A mesothelioma lawyer may assist in cases where the statute of limitations has expired.
Lawyers for mesothelioma have the ability to suggest options to obtain compensation even if the statute of limitations has expired. These include trust fund claims and other sources of financial assistance. They may be able to file the claim in a state where the statute has not expired.
If the person is not diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed as having a related condition such as lung cancer or asbestosis. Certain states have "discovery" statutes, which apply the same as a traditional statute of limitations, but begin from the date of the diagnosis, not the initial exposure.
Mesothelioma attorneys must always discuss statutes of limitations with their clients and their loved ones. A knowledgeable mesothelioma lawyer can explain state laws, as well as specific situations in which a statute of limitations may be suspended or tolled.
Hire a Lawyer
Asbestos lawyers are able to navigate the maze of asbestos litigation. They will collaborate with other lawyers to ensure that your case receives the best possible result.
Asbestos claims are distinct from other personal injury claims. The asbestos exposure was several decades ago, and a large number of those companies have gone out of business or have filed for bankruptcy. Many workers who were exposed to asbestos can't remember the places they worked in and it may be difficult for them to pinpoint the exact locations they could have worked in. This is why an experienced attorney is crucial since they can use the resources available to him or her disposal to find out the names of the companies that were exposed and the dates they worked there.
Once the asbestos lawyer has an understanding of the location to which the individual was exposed and what they did there the lawyer will then call in medical experts to look over the evidence and write reports about how the exposure to asbestos led to the mesothelioma. It is crucial that the asbestos lawyer is able to determine the causation aspect of the case as without it, the victim might not be able to claim compensation.
A mesothelioma lawyer will be able to collect the information required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's employment and asbestos-related injuries, medical records, testimonies from other victims and much more. Additionally, a mesothelioma lawyer must be familiar with the various kinds of financial assistance that are available to victims and their families. This includes benefits from health insurance, disability insurance, and Social Security benefits.
Anyone diagnosed with mesothelioma or any other asbestos-related condition is advised to consult an asbestos lawyer. A lawyer can be in a position to assist patients determine which type of claim is the best for them and help them complete the appropriate paperwork. An experienced mesothelioma lawyer can assist people suffering from other asbestos-related diseases file claims for compensation, such as trust fund and VA claims.