It's Time To Expand Your Asbestos Claim Options
How to File an Asbestos Claim
A legal action is taken against companies that exposed a person to asbestos. The lawsuit must be filed within a certain time period known as the statute of limitations.
Asbestos lawsuits can be filed by victims who are alive or their families. When a plaintiff dies the estate representative of their estate may continue the case in the event of wrongful death.
Work History
Asbestos-related victims need to provide their lawyer's documents that clearly specify when they were exposed to asbestos, the nature of their work and the time for exposure. This information will help the lawyer establish a direct link between exposure to asbestos and the illness of the victim. A lawsuit involving asbestos may not be successful if evidence is not there.
Asbestos is most likely to be found in industrial settings. This exposure can also occur in churches and schools, hospitals, bases of military, as well as private residences. Asbestos is found in fireproofing and insulation materials pipes, shingles, and pipes. Asbestos fibers can cause respiratory issues and diseases, such as mesothelioma among those who are exposed to asbestos.
Many of the companies who produced asbestos knew of its dangers but chose to keep this information from the public. This decision was made to protect the industry and increase profits. It wasn't until the first asbestos lawsuits were filed that the companies began to compensate people who contracted mesothelioma or other illnesses due to exposure to asbestos.
A lawsuit against a company that manufactures asbestos can be a complicated process. Because asbestos is no longer used it can be difficult to determine the parties responsible. There are a number of laws that can help victims identify the companies responsible for their exposure to asbestos. They include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund and the Safe Drinking Water Act and the Resource Conservation and Recovery Act.
Asbestos trust funds are generally responsible for paying compensation to asbestos victims. These funds are created to assist victims of asbestos exposure receive compensation when the companies responsible for their exposure have gone under. In these instances an experienced lawyer who specializes in asbestos litigation will know how to negotiate with these funds to get you the maximum compensation possible.
Families of those who died from mesothelioma or another asbestos-related illness, can bring wrongful death lawsuits. This type of lawsuit seeks damages for the deceased person's unreimbursed medical bills, funeral costs and loss of income. These lawsuits are also designed to hold the responsible asbestos companies accountable for their negligence.
Testimonials
You can sue the companies who put you at risk if you're diagnosed with mesothelioma, or another asbestos-related condition. Your legal team will gather evidence to prove that the businesses harmed you. This includes medical evidence of your diagnosis as well as asbestos product identification. Many lawsuits involve dozens or more defendants, as it is typical for plaintiffs to be exposed to a variety of asbestos products throughout their careers.
A lawyer that specializes in mesothelioma cases will be able find the right defendants in your case even if they've gone bankrupt. Young Conaway Stargatt & Taylor has been working on asbestos bankruptcy cases since more than 30 years. James Patton has worked on hundreds mesothelioma lawsuits and helped resolve asbestos litigation worth over $2 billion.
Law firms that specialized asbestos litigation would "bundle" clients together to file lawsuits in mass. The aim was to overload the judicial system and make lawyers richer. This biased approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. It also drained funds that could have been made available to individuals who are expected to develop more serious diseases in the near future.
The current compensation system requires attorneys group claims according to the diagnosis. This has resulted in a decrease in the number of mesothelioma lawsuits. In addition, certain states have passed tort reforms that have resulted in stricter medical requirements and an inactive docket these changes have contributed to the reduced levels of new claims being filed from 2004 to the year 2006.
In addition to mesothelioma lawsuits you can also claim wrongful death compensation for family members who lost a loved one because of asbestos exposure. New York law allows families to file a lawsuit within three years of the time they were aware (or should have known) of an injury. Other states have different statutes of limitations. New Jersey and Pennsylvania require legal action within two years.
Statute of Limitations
A statute of limitation is a law that sets an expiration date to file a claim. The deadlines for filing a claim vary from state to state. They are often based on the date of the person's exposure to asbestos or when they were diagnosed with an asbestos-related illness. There are several factors which could make it difficult to determine the correct rules.
Many people who have been exposed to asbestos do not realize that they are suffering from a disease for a long time after initial exposure. This is due the latency period for mesothelioma, and other asbestos-related diseases. Due to the time of latency it is crucial for mesothelioma victims and their families to start a lawsuit immediately if they are able to.
The statute of limitation varies between states, but in most cases it starts with the date of diagnosis. Some states have different statutes for personal injury and wrongful death claims. In general, wrongful death statutes of limitations are shorter than personal injury ones.
Asbestos victims and their families ought to consider hiring a mesothelioma lawyer as early as is possible. The lawyer will go over all of the potential sources of compensation for a client and advise on when, where and how to file. A knowledgeable mesothelioma lawyer can help when the statute of limitation has already expired.
Lawyers for mesothelioma have the ability to suggest options to obtain compensation even if the statute has expired. This includes trust fund claims and other sources of financial aid. They might also be in a position to file the claim in a different state where the statute of limitations hasn't yet expired.
If the victim is not diagnosed with mesothelioma, the statute of limitation begins when they are diagnosed as having an associated condition, like lung cancer or asbestosis. Some states have "discovery" statutes that follow the same rules as a traditional statute of limitations, but begin from the date of the diagnosis, not the initial exposure.
Mesothelioma attorneys must always discuss the statute of limitations with their clients and loved ones. asbestos claim mesothelioma for mesothelioma can explain the state law and also the situations in which the statute of limitations can be suspended or tolled.
Hire a lawyer
Asbestos attorneys know how to navigate the complicated asbestos litigation. They will collaborate with other lawyers to ensure that your case is given the best possible outcome.
Asbestos claims differ from other personal injury cases. The reason for this is that the exposure to asbestos occurred decades ago and many of the companies exposed have either filed for bankruptcy or have gone out of business. Many workers who were exposed to asbestos do not remember where they worked, and it can be difficult to identify the places they might have worked in. This is why an experienced attorney is essential because he or she will be able to use the resources available to him or his disposal to discover the names of the companies that were exposed and the dates that they worked there.
When the asbestos attorney has a better idea of where and how the victim was exposed to asbestos, he can engage medical experts to examine and report regarding the cause of mesothelioma. It is vital that the asbestos lawyer can establish the causation element of the case because without it, the victim may not be able to claim compensation.
A mesothelioma lawyer will be able to collect the necessary information that is required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's occupation as well as asbestos-related injuries, and medical records. It also includes testimonials from other victims. Additionally, a mesothelioma lawyer must be familiar with all of the different types of financial assistance that is available to victims and their families. This includes health insurance, disability insurance and Social Security benefits.
Hiring an experienced asbestos lawyer is crucial for anyone diagnosed with mesothelioma, or any other asbestos-related disease. A lawyer is able to help individuals determine which type of claim is appropriate for them and then help them complete the appropriate paperwork. A mesothelioma attorney can also assist those suffering from other asbestos-related illnesses file for compensation. This includes trust funds and VA claims.