How to File an Asbestos Claim
An asbestos claim is a legal proceeding against companies that exposed a person to asbestos. The statute of limitations is a time period within which lawsuits have to be filed.
Asbestos lawsuits may be filed by living victims or their families. When a plaintiff dies the estate representative of their estate may continue the case under wrongful death.
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 time for exposure. This information will allow the lawyer to establish a direct link between that exposure and the illness of the victim. A lawsuit involving asbestos could not be successful if evidence is lacking.
Asbestos is more likely to be discovered in industrial environments. However, this exposure also is common in schools, churches, military bases, hospitals and private residences. Asbestos can be found in pipes, shingles, insulation, and fireproofing materials. Anyone who is exposed to these materials can inhale asbestos fibers and develop respiratory problems and diseases like mesothelioma.
Many of the companies that manufactured asbestos were aware of the dangers, but decided to keep this information quiet. This was done to protect the industry and increase profits. These companies did not begin to compensate people who developed mesothelioma or other ailments due to asbestos exposure until the first lawsuits were filed.
A lawsuit against an asbestos firm is a complicated process. It is difficult to determine the parties responsible since asbestos is no more in use. However, there are a variety of laws that help victims find the companies responsible for their exposure. The Clean Air Act, Occupational Safety and Health Administration, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) The Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.
Asbestos victims are usually compensated by asbestos trust funds. These funds are set up to help victims receive compensation when the companies responsible for their exposure have gone bankrupt. A skilled attorney who specializes in asbestos litigation knows how to negotiate these funds and ensure the maximum compensation.
The cases of wrongful death are filed by the family members of people who have passed away from mesothelioma, or another asbestos-related disease. This type of lawsuit seeks compensation for unpaid funeral costs, medical expenses and loss of income. These lawsuits also aim to hold asbestos companies responsible for their negligence.
Testimonials
You can sue the businesses that 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 companies that harmed you, including medical proof of diagnosis as well as the identification of the asbestos product. As it is common that plaintiffs have been exposed to various asbestos-related products throughout their career, many lawsuits involve multiple defendants.
A lawyer that specializes in mesothelioma cases will be able to locate the right defendants in your case, even if they have gone bankrupt. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases for more than 30 years. James Patton, the chairman of the firm, has worked on hundreds of mesothelioma cases. The firm has helped settle more than $2 billion in asbestos litigation.
In the past, law firms that specialize in asbestos litigation would seek clients and then "bundle" them together into groups to file lawsuits in large quantities. 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 hurt plaintiffs. It also drained funds which could have been provided to people who are likely to contract more serious illnesses in the near future.
The current compensation system demands that attorneys group claims based on diagnosis. This has led to a decrease in the number of mesothelioma lawsuits. These changes, along with the fact that some states have implemented reforms to tort law that have led to the use of a more strict medical criterion and an inactive docket, have led to a decrease in number of new claims that were filed from 2004 to 2006.
You can also bring wrongful death lawsuits on behalf family members of a deceased loved one who died as a result of asbestos exposure. New York law allows families to file a lawsuit within three years of the time they were aware (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 the deadline to file a claim. These deadlines vary from state to state. They usually are based on the date of the victim's asbestos exposure or when they were diagnosed with an asbestos-related illness. There are however a number of factors that can complicate these rules.
Many people who have been exposed to asbestos are unaware that they have a disease for decades after the initial exposure. This is due to the time frame of mesothelioma's latency and other asbestos-related ailments. It is crucial that mesothelioma patients as well as their families file a lawsuit immediately due to the latency period.
The statute of limitation varies between states, but generally begins with the date of diagnosis. There are states with different statutes of limitations for wrongful death cases as opposed to personal injury claims. In general, wrongful death statutes of limitations are less than personal injury ones.
Asbestos victims and their families should think about hiring mesothelioma attorneys as early as is feasible. The lawyer will be able to evaluate the various options for compensation and provide guidance on how, where and when to file. A mesothelioma lawyer could assist if the statute has expired.
Lawyers for mesothelioma may suggest options to obtain compensation, even if the statute has run out. These include trust fund claims as well as other sources of financial assistance. They may be able file the claim in a state where the statute has not expired.
If the person hasn't been diagnosed with mesothelioma or other cancers, the statute of limitations starts when they are diagnosed with a related condition, such as asbestosis or lung cancer. Some states have "discovery" statutes, which have the same effect as a standard statute of limitations, but start from the date of the diagnosis instead of the first exposure.
Mesothelioma lawyers should always discuss limitations statutes with clients and their loved relatives. A knowledgeable mesothelioma lawyer will explain state laws as well as specific circumstances where a statute of limitations may be extended or suspended.
Hire a lawyer
Asbestos lawyers are able to navigate the complex asbestos litigation. They work with other lawyers to ensure that your case receives the highest chance of success.
Asbestos claims are distinct from other personal injury claims. Savannah asbestos lawyer for this is that asbestos exposure occurred years ago, and a lot of the companies that were exposed have either filed for bankruptcy or have gone out of business. Many times, those who were exposed to asbestos don't even remember where they worked, and it is difficult to pinpoint the places where they might have been exposed. This is why a seasoned attorney is essential because he or she can make use of the resources available to him or her disposal to find out the name of the companies which were exposed as well as the dates that they worked for them.
Once the asbestos attorney has an understanding of the place the individual was exposed to asbestos and what they did, he or she can then engage medical experts to review the evidence and create reports on how exposure to asbestos caused the mesothelioma. It is crucial that the asbestos lawyer can determine the causation element of the case because 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 job and asbestos-related injuries medical records, testimony from other victims, and more. A mesothelioma lawyer should be familiar with all of the different types of financial assistance that are available to victims and their families. This includes health insurance benefits as well as disability insurance. Social Security benefits.
Engaging an experienced asbestos lawyer is essential for anyone who has been diagnosed with mesothelioma, or another asbestos-related illness. An attorney can help determine what type of claim they should submit and assist them in filling out the forms. A mesothelioma lawyer who is experienced can assist people suffering from other asbestos-related diseases file for compensation, including trust fund and VA claims.