How to File an Asbestos Claim
An asbestos claim is a legal proceeding against companies that exposed someone to asbestos. Lawsuits must be filed within a certain time period called the statute of limitations.
Asbestos lawsuits can be filed by victims who are still alive or their families. If a plaintiff dies the estate representative of their estate may continue the case despite wrongful death.
Work History
Asbestos victims need to submit to their lawyer documents that clearly state the date of their exposure to asbestos, the nature of their job entailed and the length of time. This information will allow the lawyer to establish a direct connection between the asbestos exposure and the victim's illness. A lawsuit involving asbestos may not be successful if the evidence isn't there.
Workers in a workplace are most likely to be exposed to asbestos. However, exposure to asbestos is common in churches, schools, hospitals, military bases and in private homes. Asbestos is present in shingles, pipes insulation, fireproofing, and insulation materials. People who are exposed to these materials may inhale asbestos fibers and develop respiratory problems and other illnesses, such as mesothelioma.
Many of the companies that produced asbestos were aware of the dangers, but decided to keep the information secret. This was a choice made in order to increase profits and protect the industry. It wasn't until the first asbestos lawsuits were filed that these companies started to pay compensation to those who were diagnosed with mesothelioma and the other illnesses caused by exposure to asbestos.
A lawsuit against a business that produces asbestos is a difficult task. Because asbestos is no longer used, it can be difficult to identify the responsible parties. There are a number of laws that help victims identify the companies responsible for their asbestos exposure. These include the Clean Air Act, the Occupational Safety and Health Administration (OSHA), Comprehensive Environmental Response, Compensation and Liability Act or Superfund as well as the Safe Drinking Water Act and the Resource Conservation and Recovery Act.
Asbestos trust funds are usually accountable for the payment of asbestos victims. These funds were established to help injured victims receive compensation if 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.
Families of people who died from mesothelioma, or another asbestos-related disease, can bring wrongful death lawsuits. This type of claim seeks damages for unpaid funeral costs, medical expenses and loss of income. These lawsuits also aim to hold asbestos companies accountable for their wrongful conduct.
Testimonials
You can sue the businesses that put you at risk if you're diagnosed with mesothelioma or another asbestos-related disease. Your legal team will collect evidence to prove the businesses that harmed you, including medical proof of your diagnosis as well as the identification of the asbestos product. 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 careers.
A lawyer with a specialization in mesothelioma cases will be able to find the appropriate defendants for your case, even if these companies have been declared 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 worked on hundreds of mesothelioma cases. He has also helped to settle more than $2 billion in asbestos litigation.
In the past law firms that were specialized in asbestos litigation would approach clients and then "bundle" them together into groups to file lawsuits in massive quantities. The aim was to overload the judicial system and make lawyers richer. According to the U.S. Department of Justice this skewed approach to litigation has harmed plaintiffs. It has also depleted funds that could have been made available to people who are likely to contract more serious illnesses in the near future.
The average payout for asbestos claims current compensation system demands that attorneys group claims based on the diagnosis. This has led to a decrease in the number of mesothelioma lawsuits. In addition, some states have enacted tort reforms which have resulted in stricter medical criteria and an inactive docket these changes have led to the reduced levels of new claim filings from 2004 to 2006.
In addition to mesothelioma claims, you can make claims for wrongful death for family members who lost a loved one because of asbestos exposure. New York state laws allow families to file a legal claim within three years of when they were aware (or should have been aware) 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 an expiration date for filing a legal claim. These deadlines vary from state to state. These deadlines are usually based on when the victim was exposed to asbestos or diagnosed with an asbestos-related illness. There are many factors that could make it difficult to determine the correct rules.
Many people exposed to asbestos do not know they have been diagnosed with a condition until decades after their initial exposure. This is due the mesothelioma's latency time, and other asbestos-related illnesses. It is crucial that mesothelioma sufferers and their families file a lawsuit right away due to the latency period.
The statute of limitations is different in each state, but they generally start with the date of diagnosis. Certain states have different statutes of limitations for personal injury and wrongful death claims. In general, wrongful-death statutes of limitations are shorter than those for personal injury claims.
Asbestos victims and their families should think about hiring mesothelioma lawyers as soon as is feasible. The lawyer can review the various options for compensation and offer guidance on where, how and when to file. A knowledgeable mesothelioma attorney can help in the event that the statute of limitations has already expired.
Mesothelioma lawyers can suggest options for obtaining compensation even when the statute of limitations has passed, such as trust fund claims or other sources of financial assistance. They might also be able to file the claim in a different jurisdiction where the statute of limitations has not yet expired.
If the victim is not diagnosed with mesothelioma, the statute of limitation begins when they are diagnosed as having an associated condition, like asbestosis or lung cancer. Certain states have "discovery statutes" which apply the same as the traditional statutes of limitations but begin with the date of diagnosis, not exposure.
Mesothelioma lawyers must always discuss the statute of limitations with their clients and family members. A mesothelioma lawyer can explain the law of the state and also the situations in which a statute of limitation may be suspended or tolled.
Hire a Lawyer
Asbestos lawyers are able to navigate the complex asbestos litigation. They will collaborate with other lawyers to ensure that your case gets the best possible outcome.
Asbestos lawsuits differ from other personal injury cases. The asbestos exposure was several decades ago, and a large number of those companies have gone out of business or declared bankruptcy. Many times, those who were exposed to asbestos don't even remember where they worked and it is difficult for them to determine the places where they might have been exposed. This is where an experienced attorney is crucial since he or she can make use of the resources at his disposal to discover the names of the companies that were exposed and the dates they worked for them.
When the asbestos attorney has a better idea of the location and how the victim was exposed to asbestos, he is able to get medical experts to review and write reports on the cause of mesothelioma. It is crucial that the asbestos lawyer is able determine the causation element of the case, because without it, the victim might not be eligible for compensation.
A mesothelioma lawyer will also be able to collect the information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's job, asbestos-related injuries and medical records. It also includes testimonies of other victims. A mesothelioma lawyer must be familiar with the various kinds of financial aid that is available to victims and their families. This includes benefits from health insurance as well as disability insurance. Social Security benefits.
Employing an expert asbestos lawyer is essential for anyone diagnosed with mesothelioma, or other asbestos-related illness. A lawyer can help people decide on the type of claim they should make and help them fill out the forms. A mesothelioma lawyer can help those with other asbestos-related illnesses file for compensation. This includes trust fund and VA claims.