How to File an Asbestos Claim
A legal action is taken against companies that exposed a person or a company to asbestos. Lawsuits must be filed within a certain time period, also known as the statute of limitations.
Asbestos lawsuits can 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-related victims have to give their lawyer documents that clearly state the time they were exposed asbestos, the nature of their work and the time for exposure. This will enable the lawyer to establish a direct connection between the asbestos exposure and the victim's health condition. A lawsuit involving asbestos may not be successful if evidence isn't there.
Asbestos is more likely to be discovered in industrial settings. This exposure can also occur in schools and churches, hospitals, bases of military and private homes. Asbestos is found in fireproofing and insulation materials pipes, shingles, and pipes. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma among those who are exposed to this material.
Many companies that made asbestos were aware of the dangers however, they chose to not speak about it. This was done in order to ensure the safety of the industry and to increase profits. The companies did not begin to compensate those who contracted mesothelioma and other diseases because of asbestos exposure until the first lawsuits were filed.
A lawsuit against an asbestos-related company can be a difficult task. It is difficult to determine responsible parties because asbestos is no more used. However, there are many laws that can help victims identify 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) The Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.
Asbestos trust funds are generally responsible for paying compensation to asbestos victims. These funds are set up to help injured victims get compensation when the companies which exposed them have gone into bankruptcy. In these instances, an experienced attorney specializing in asbestos litigation will know how to negotiate with these funds and ensure you receive the highest amount of compensation possible.
Wrongful death cases are filed by the family members of those who died due to mesothelioma or another asbestos-related disease. This type of lawsuit seeks compensation for the unreimbursed funeral expenses, medical costs and loss of income for the deceased. These lawsuits are also designed to hold the asbestos companies responsible for their negligence.
Testimonials
You can sue the businesses that put you at risk if you are diagnosed with mesothelioma, or any other asbestos-related illness. Your legal team will collect evidence to prove the companies who caused you harm, such as medical proof of your diagnosis and asbestos product identification. A lot of lawsuits involve dozens of defendants, since it is common for plaintiffs to have been exposed to various asbestos-related products throughout their careers.
A lawyer who specializes on mesothelioma cases will be able find the right defendants for your case even if they've been bankrupt. Young Conaway Stargatt & Taylor has been focusing on 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 of asbestos litigation.
Law firms that specialized in asbestos litigation would "bundle" clients to file lawsuits in bulk. The goal was to overwhelm the legal system and benefit 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 near future.
The current compensation systems in place require that attorneys group claims based on diagnosis. This has led to a decreased number of mesothelioma cases being filed. In addition, some states have enacted tort reforms which have resulted in stricter medical criteria 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 claims you can also claim wrongful death compensation for family members who lost loved ones because of asbestos exposure. New York state laws allow families to take legal action within three years from the time they knew (or should have had the knowledge) of the injury. Other states have different statutes of limitation. New Jersey and Pennsylvania require legal action within two years.
Statute of limitations
A statute of limitations is a law that establishes a time limit for filing an action in court. These deadlines differ by state. The deadlines are typically determined by the time that the victim was exposed to asbestos or was diagnosed with an asbestos-related illness. However, there are several factors that can complicate the rules.
Many people who have been exposed to asbestos are not aware that they have a disease for decades after the initial exposure. This is due to the mesothelioma latency period and other asbestos-related ailments. Due to the time of latency it is crucial for mesothelioma patients and their families to make claims for asbestos a claim as soon as possible.
The statute of limitations differs between states, but in most cases it starts with the date of diagnosis. There are also states with different statutes of limitations for wrongful death cases as opposed to personal injury claims. In general, the statutes of limitations are less than personal injury ones.
Asbestos patients and their families should hire a mesothelioma attorney immediately. The lawyer will go over all of the potential sources of compensation for clients and advise on the best time, place and the best way to file. A mesothelioma lawyer can assist in cases where the statute has expired.
Lawyers for mesothelioma can suggest options to obtain compensation even if the statute of limitations has expired. This includes trust fund claims as well as other sources of financial assistance. They might also be in a position to file the claim in a different jurisdiction where the statute of limitations hasn't yet expired.
If the victim is not diagnosed with mesothelioma the statute of limitations starts when they are diagnosed with an associated condition, such as asbestosis or lung cancer. Some states have "discovery" statutes, which follow the same rules as a traditional statute of limitations, but start with the date of diagnosis, not the initial exposure.
Mesothelioma attorneys must always discuss the statute of limitations with their clients and their loved relatives. A mesothelioma attorney can explain the state law as well as the circumstances in which the statute of limitations could be suspended or tolled.
Employ a lawyer
Asbestos lawyers are able to navigate the complex asbestos litigation. They will work with other attorneys to ensure that your case gets the most favorable outcome.
Asbestos claims are distinct from other personal injury claims. The main reason is that the exposure to asbestos occurred several decades ago and many of the companies that were exposed have either declared bankruptcy or have gone out of business. The majority of the workers who were exposed to asbestos don't even remember where they worked and it is hard to pinpoint the locations in which they could have been exposed. This is why a seasoned attorney is crucial since they will be able to use the resources at his disposal to determine the names of the companies that were exposed and the dates when they worked for them.
Once the asbestos attorney has a better understanding of the place and how the victim was exposed to asbestos, he can engage medical experts to examine and write reports on the causes of mesothelioma. It is essential that the asbestos lawyer is able to establish the causation element of the case since without it, the victim might not be able to claim compensation.
A mesothelioma lawyer can be able to gather the information required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's work or work-related asbestos-related injuries as well as medical records. Also, it includes the testimonies of other victims. In addition, a mesothelioma lawyer should be acquainted with all of the different types of financial assistance available to patients and their families. This includes health insurance, disability insurance, and Social Security benefits.
Employing an experienced asbestos lawyer is essential for anyone who has been diagnosed with mesothelioma or another asbestos-related illness. A lawyer can help people determine the kind of claim they need to make and help them fill out the paperwork. An attorney for mesothelioma can assist those suffering from other asbestos-related illnesses file for compensation. This includes trust funds and VA claims.