Are Asbestos Claim Really As Vital As Everyone Says
How to File an Asbestos Claim
An asbestos claim is a legal action brought against companies that exposed a person to asbestos. The lawsuit must be filed within a specific time period, also known as the statute of limitations.
Asbestos lawsuits may be filed by living victims or their families. When a plaintiff passes away the estate representative of their deceased victim can pursue the case as a wrongful death lawsuit.
Work History
Asbestos victims need to give their lawyer documents that clearly specify the date of their exposure to asbestos, the nature of their job involved and the length of time. This information will allow the lawyer to establish a direct link between the asbestos exposure and the victim's disease. Without the proper evidence, an asbestos lawsuit may not be able to progress.
Those who work in an industrial environment are more likely to be exposed to asbestos. This exposure can also occur in churches and schools and hospitals, as well as bases of military, and private residences. Asbestos is present in insulation, fireproofing materials pipes, shingles, and pipes. Asbestos fibers can cause respiratory issues and diseases, such as mesothelioma among those who are exposed to the material.
Many asbestos attorneys-producing companies were aware of its dangers, but chose to keep it quiet. This was a choice made in order to increase profits and protect the industry. It wasn't until first asbestos lawsuits were filed that these companies began to compensate those who developed mesothelioma and other illnesses due to exposure to asbestos.
A lawsuit against a company that manufactures asbestos is a complicated task. Since asbestos is no longer used, it can be difficult to determine who is responsible. However, there are a variety of laws that help victims find the companies that are responsible for their exposure. 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 who exposed them went into bankruptcy. In these cases an experienced attorney who specializes in asbestos litigation will be able to negotiate with these funds to get you the maximum amount of compensation that is possible.
Families of those who have died from mesothelioma or another asbestos-related disease, can make wrongful death claims. This type of lawsuit seeks damages for unpaid medical bills, funeral costs and loss of income. These lawsuits also aim to hold asbestos companies responsible for their negligence.
Testimonials
Once you have been diagnosed with mesothelioma or an asbestos-related disease, you can file a lawsuit against the companies that put you in harm's way. Your legal team will gather evidence to prove the companies who caused you harm, such as medical proof of diagnosis and the identification of asbestos products. Many lawsuits involve dozens or more defendants, as it is common for plaintiffs to have been exposed to a variety of asbestos products over the course of their career.
A lawyer who is specialized in mesothelioma cases will be able to identify the right defendants in your case, even if they have gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have worked on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped settle asbestos litigation worth more than $2 billion.
In the past lawyers who were specialized in asbestos litigation would solicit clients and then "bundle" them into groups to file lawsuits in massive quantities. The goal was to overwhelm the judicial system and make lawyers richer. According to the U.S. Department of Justice, this skewed litigation approach has harmed plaintiffs. The result is that funds are being drained that would have been available to those who develop more serious illnesses in the near future.
The current compensation systems require attorneys to group claims based on the diagnosis. This has resulted in a decrease in the number of mesothelioma lawsuits. These changes, along with the fact that certain states have passed reforms to tort law that have led to a stricter medical criterion and an inactive docket have contributed to a reduction in the number of new claims filed from 2004 to.
In addition to mesothelioma cases, you can make claims for wrongful death for family members who have lost loved ones because of asbestos exposure. New York law allows families to bring lawsuits within three years of the date they learned (or were aware) 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 limitations is a law that sets an expiration date for filing a legal claim. The deadlines vary according to the state. They usually are dependent on the date of the victim's exposure to asbestos or the date they were diagnosed with an asbestos-related disease. There are many factors that can make it difficult to follow the rules.
Many asbestos-related exposure victims do not know they have been diagnosed with a condition until decades after their initial exposure. This is due the latency period for mesothelioma, and other asbestos-related illnesses. Because of the latency period, it is important for mesothelioma patients and their families to make a claim as soon as they can.
The statute of limitation varies from state to state, however, in the majority of cases, it begins with the date of diagnosis. There are also states with different statutes of limitation for wrongful death cases versus personal injury claims. In general, the statutes of limitation are shorter than personal injury ones.
Asbestos victims and their families should consider hiring a mesothelioma lawyer as early as is possible. The lawyer will be able to evaluate all potential sources of compensation and give advice on how, where and when to file. Additionally, a knowledgeable mesothelioma lawyer can assist in the event that the statute of limitations has already expired.
Lawyers for mesothelioma can suggest ways to get compensation even if the statute has expired. These include trust fund claims as well as other sources of financial aid. They may also be able to file the claim in a different state where the statute of limitations has not yet expired.
If the victim has not been diagnosed with mesothelioma, their time limit begins when they are diagnosed with a congenital condition like asbestosis or lung cancer. Some states have "discovery" statutes, which follow the same rules as a standard statute of limitations but start from the date of the diagnosis, not the initial exposure.
Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and loved ones. A knowledgeable mesothelioma lawyer can provide state-specific laws as well as specific situations in which the statute of limitations could be suspended or tolled.
Hire a lawyer
Asbestos lawyers are able to navigate the complexities of asbestos litigation. They work with other attorneys to ensure your case has the most favorable outcome.
Asbestos claims are distinct from other personal injury cases. The main reason is that asbestos exposure occurred several decades ago and many of the companies that were exposed have either declared bankruptcy or have gone out of business. Many of the workers who were exposed to asbestos can't remember the places they worked in and it is difficult to identify the locations they may have been in. A knowledgeable attorney can assist you in this regard as he or she can use the tools available to find out what companies were exposed and when they worked at the place.
Once the asbestos lawyer has an understanding of the place the individual was exposed and what they did there the lawyer can then engage medical experts to examine the evidence and write reports on how exposure to asbestos triggered the mesothelioma. It is vital that the asbestos lawyer is able to establish the causation element of the case as without it, the victim could not be eligible for compensation.
A mesothelioma lawyer will also be able to gather the information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information about the victim's work as well as asbestos-related injuries, and medical records. It also includes testimony from other victims. In addition, a mesothelioma lawyer must be familiar with all of the different kinds of financial aid that are available to victims and their families. This includes disability insurance, health insurance insurance, and Social Security benefits.
Employing an experienced asbestos lawyer is crucial for anyone diagnosed with a mesothelioma or another asbestos-related illness. A lawyer will be able to help individuals determine which type of claim is appropriate for them, and then assist to file the proper documents. An experienced mesothelioma lawyer can also help people with other asbestos-related illnesses to file claims for compensation, such as trust fund and VA claims.
