How to File an Asbestos Claim
Legal action is taken against companies who exposed a person to asbestos. The lawsuit must be filed within a specific time frame called the statute of limitations.
Asbestos lawsuits may be filed by victims who are living or their families. If a plaintiff dies, their estate representative may continue the case under the doctrine of wrongful death.
Work History
Asbestos victims need to give their lawyer documents that clearly indicate the date of their exposure to asbestos, what their job was and the length of time. This will enable the lawyer to establish a direct connection between asbestos exposure and the victim’s health condition. A lawsuit that involves asbestos may not be successful if the evidence is lacking.
Workers in a workplace are more likely to be exposed to asbestos. The exposure can also be found in churches and schools as well as hospitals, bases of military, as well as private residences. Asbestos can be found in pipes, shingles insulation, fireproofing materials. People who are exposed these materials may inhale asbestos fibers and suffer respiratory problems and diseases like mesothelioma.
Many of the companies that manufactured asbestos were aware of the dangers, but chose to keep the information secret. This was a choice made to boost profits and protect the industry. The companies didn't begin to compensate people who developed mesothelioma or other diseases due to asbestos exposure until the first lawsuits were filed.
A lawsuit against a business that produces asbestos is a difficult task. Since asbestos is no longer used it can be difficult to determine the parties responsible. There are a variety of laws that help victims find the companies responsible for their exposure to asbestos. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) as well as 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 created to help injured victims get compensation when the companies that exposed them have gone bankrupt. A skilled attorney who specializes in asbestos litigation knows how to negotiate these funds and ensure the maximum amount of compensation.
Families of those who died from mesothelioma or another asbestos-related illness, may make wrongful death claims. This type of claim seeks damages for unpaid funeral costs, medical expenses and loss of income. These lawsuits are also designed to hold the asbestos companies responsible for their negligence.
Testimonials
You can sue companies who put you at risk if you are diagnosed with mesothelioma or any other asbestos-related illness. Your legal team will gather evidence to prove the businesses who caused you harm, such as medical proof of diagnosis as well as the identification of the asbestos product. Since it is commonplace that plaintiffs have had exposure to different asbestos products throughout their career, many lawsuits have multiple defendants.
A lawyer that specializes in mesothelioma cases will find the right defendants in your case even if they've been bankrupt. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases since more than 30 years. James Patton has worked on hundreds mesothelioma lawsuits and helped resolve asbestos-related litigation that amounted to more than $2 billion.
In the past law firms that were specialized in asbestos litigation would seek clients and then "bundle" them into groups to file lawsuits in large quantities. The goal was to overwhelm judicial systems and enrich lawyers. This skewed approach to litigation has harmed plaintiffs, according to the U.S. Department of Justice. The result is that funds are being drained that could have been made available to those who develop more serious illnesses in the future.
The current compensation systems in place require attorneys to classify claims based on diagnosis. This has resulted in an enlargement of the number of mesothelioma lawsuits. These changes, along with the fact that certain states have enacted reforms in tort law that have resulted a stricter medical criterion and an inactive docket have led to a decrease in the number of new claims filed between 2004 to 2006.
You can also file wrongful death lawsuits for family members of a loved one who died who died due to asbestos exposure. New York state laws allow families to take legal action within three years of the date they were aware (or should have been aware) of the injury. In other states, the statutes of limitation differ, with New Jersey and Pennsylvania requiring legal action within two years.
Statute of limitations
A statute of limitations is a law that sets the deadline for filing an action in court. The deadlines for filing a claim vary from state to state. They are usually dependent on the date of the victim's exposure to asbestos or when they were diagnosed with an asbestos-related illness. There are many factors that can complicate the rules.
Many people who have been exposed to asbestos do not realize that they are suffering from a disease for a long time following the initial exposure. This is due to the latency period of mesothelioma and other asbestos-related ailments. Due to the latency period, it is important for mesothelioma patients and their families to start a lawsuit as soon as they can.
The time limit for a statute of limitations differs according to state, but the majority begin from the date of diagnosis. Certain states have different statutes of limitations for personal injury cases and wrongful-death claims. In general, the statutes of limitation are less than those for personal injury claims.
Asbestos patients and their families must hire mesothelioma lawyers immediately. The lawyer can review all potential sources of compensation and provide suggestions on the best way, where and when to file. A mesothelioma lawyer could assist if the statute has expired.
Skokie asbestos attorneys for mesothelioma may offer options for obtaining compensation even if the statute has expired. This includes trust fund claims and other sources of financial assistance. They might be able to file the claim in a state in which the statute of limitations has not expired.
If the victim has not been diagnosed with mesothelioma, their time limit begins when they are diagnosed with a congenital condition, such as asbestosis or lung cancer. Some states have "discovery" statutes, which have the same effect as a traditional statute of limitations but start from the date 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. An attorney for mesothelioma can explain the law of the state as well as the circumstances where the statute of limitations could be tolled or suspend.
Hire a Lawyer
Asbestos lawyers know how to navigate through the complicated asbestos litigation. They will collaborate with other lawyers to ensure that your case gets the best possible outcome.
Asbestos claims are distinct from other personal injury claims. The main reason is because asbestos exposure happened years ago, and a lot of the companies exposed have either declared bankruptcy or are out of business. Many times, those who were exposed do not even remember where they worked and it's difficult for them to determine the locations in which they could have been exposed. An experienced attorney can assist you in this regard as he or she will be able to use the resources available to in order to determine which companies were exposed and the time they worked for them.
Once the asbestos attorney has an understanding of the place the individual was exposed and what they did there the lawyer can then get medical experts to look over the evidence and prepare reports about how the exposure to asbestos caused the mesothelioma. It is crucial that the asbestos lawyer is able to determine the causation element of the case, as without it, the victim may not qualify for compensation.
A mesothelioma lawyer can be able to gather the necessary information that is required to make an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's work as well as asbestos-related injuries medical records, testimony from other victims and much more. A mesothelioma lawyer should be familiar with all of the different kinds of financial aid that are available to victims and their families. This includes benefits from health insurance as well as disability insurance and Social Security benefits.
Anyone who is diagnosed with mesothelioma or any other asbestos-related condition should consult an asbestos lawyer. A lawyer can help people decide on the kind of claim they should make and help them fill out the paperwork. An experienced mesothelioma lawyer can assist people suffering from other asbestos-related illnesses to file for compensation, including trust fund and VA claims.