Say "Yes" To These 5 Asbestos Claim Tips
How to File an Asbestos Claim
An asbestos claim is a legal proceeding against companies that exposed someone to asbestos. The statute of limitations is a time period within which lawsuits must be filed.
Asbestos lawsuits may be filed by victims who are living or their families. If a plaintiff dies the estate representative of their estate may continue the case under the doctrine of wrongful death.
Work History
Asbestos victims need to give their lawyer documents that clearly specify the date they were exposed to asbestos, the nature of their job involved and for how long. This information will allow the lawyer to establish a direct connection between the exposure and the patient's condition. A lawsuit involving asbestos may not be successful if the evidence isn't there.
Those who work in a workplace are more likely to be exposed to asbestos. The exposure can also be found in schools and churches and hospitals, as well as bases of military, and private residences. Asbestos is present in fireproofing and insulation materials, pipes and shingles. People who are exposed these materials may inhale asbestos fibers and develop respiratory issues and illnesses such as mesothelioma.
Many asbestos-producing companies were aware of the dangers, but chose to remain silent about the dangers. This was done to protect the industry and increase profits. It wasn't until the first asbestos lawsuits were filed that these companies started to compensate those who contracted mesothelioma or other illnesses caused by exposure.
A lawsuit against an asbestos-related firm is a complicated process. It can be difficult to identify responsible parties because asbestos is no longer used. There are however many laws that can help victims identify the companies responsible for their exposure. These 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.
Santa Clarita asbestos lawyer are generally responsible for compensating asbestos victims. These funds are created to help injured victims get compensation when the companies who exposed them went bankrupt. An experienced attorney who specializes in asbestos litigation knows how to negotiate these funds to ensure the maximum compensation.
Wrongful death cases are filed by family members of those who died due to mesothelioma or an asbestos-related disease. This type of claim seeks to recover the unpaid funeral costs, medical expenses and loss of income for the deceased. These lawsuits are also designed to hold the asbestos companies responsible for their wrongful conduct.
Testimonials
You can sue the businesses that put you at risk, if you're diagnosed with mesothelioma or any other asbestos-related illness. Your legal team will gather evidence to show that the companies caused harm to you. This includes medical proof of your diagnosis and asbestos product identification. As it is common that plaintiffs have had exposure to different asbestos products throughout their careers, many lawsuits contain multiple defendants.
A lawyer who specializes on mesothelioma cases will find the right defendants in your case, even if they have been bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been involved in asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has been involved in hundreds of mesothelioma cases. He has also helped to settle more than $2 billion of asbestos litigation.
Firms that were specialized in asbestos litigation would "bundle" clients to file lawsuits on a mass basis. The goal was to overwhelm the judicial system and to increase the wealth of lawyers. This unbalanced approach to litigation has hurt plaintiffs according to the U.S. Department of Justice. This has also drained funds that would have been available for individuals who will develop more serious illnesses in the future.
The current compensation system demands that attorneys categorize claims based on the diagnosis. This has led to an increase in the number of mesothelioma lawsuits. This is in addition to the fact that certain states have implemented tort reforms that have resulted in more stringent medical criteria and an inactive docket these changes have contributed to a decrease in new claim filings between 2004 and 2006.
You can also bring wrongful death lawsuits on behalf relatives of a deceased loved one who died from asbestos exposure. New York state laws allow families to file a legal claim within three years of the date they were aware (or should have had the knowledge) of the injury. Other states have different statutes of limitation. New Jersey and Pennsylvania have a two-year deadline for legal action.
Statute of Limitations
A statute of limitations is a law which sets the deadline for filing a claim. The deadlines vary by state. They are usually determined by the date of the victim's asbestos exposure or the date they were diagnosed with an asbestos-related disease. However, there are several factors that could complicate the rules.
Many people exposed to asbestos don't realize they've been diagnosed with a condition until decades after their first exposure. This is due to the mesothelioma latency period and other asbestos-related illnesses. Because of the latency period it is essential for mesothelioma victims and their families to start a lawsuit immediately if they are able to.
The statute of limitations differs from state to state, but generally starts with the date of diagnosis. Certain states have different statutes of limitations for personal injury and wrongful death claims. In general, the statutes of limitation are shorter than those for personal injury claims.
Asbestos patients and their families should hire an attorney for mesothelioma as soon as they can. The lawyer can review the various options for compensation and provide advice on how, where and when to file. A knowledgeable mesothelioma lawyer can help when the statute of limitation has already expired.
Lawyers for mesothelioma may offer options for obtaining compensation even if the statute of limitations has expired. This includes trust fund claims as well as other sources of financial aid. They may be able to file the claim in a jurisdiction where the statute has not expired.
If the victim is not diagnosed with mesothelioma the statute of limitations starts when they are diagnosed as having a related condition like lung cancer or asbestosis. Some states have "discovery statutes" that use the same rules as the statutes of limitations that are used in traditional cases however they begin at the date of diagnosis instead of exposure.
Mesothelioma lawyers should always discuss the statute of limitations with their clients and loved ones. A mesothelioma lawyer who is knowledgeable can provide state-specific laws as well as specific situations in which a statute of limitations may be tolled or suspended.
Employ a lawyer
Asbestos lawyers are able to navigate the complicated asbestos litigation. They work with other lawyers to ensure that your case is given the best possible result.
Asbestos claims are distinct from other personal injury cases. The main reason is because the exposure to asbestos occurred decades ago and many of the companies exposed have either declared bankruptcy or have gone out of business. Many workers who were exposed to asbestos do not remember where they worked and it is difficult to identify the places they might have worked in. An experienced attorney can help you with this as he/she will be able to use the tools available to find out what companies were exposed and when they worked at the place.
Once the asbestos attorney has a better idea of where and how the victim was exposed to asbestos, he is able to get medical experts to review and prepare reports on the cause of mesothelioma. It is essential that the asbestos attorney can establish the causation component of the case since without it, the victim might not be eligible for compensation.
A mesothelioma lawyer can be able to collect the required information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's employment and asbestos-related injuries, medical records, testimonies from other victims and much more. A mesothelioma lawyer must be familiar with the various kinds of financial aid that are available to victims and their families. This includes disability insurance, health insurance insurance, and Social Security benefits.
Anyone diagnosed with mesothelioma, or any other asbestos-related illness, should hire an asbestos lawyer. An attorney can help determine the type of claim they should submit and assist in filling out the forms. A mesothelioma lawyer can assist those suffering from other asbestos-related diseases to file for compensation. This includes trust funds and VA claims.