How To Identify The Asbestos Claim Which Is Right For You
How to File an Asbestos Claim
An asbestos claim is a legal proceeding against companies that exposed someone to asbestos. The statute of limitations is a period within which lawsuits must be filed.
Asbestos lawsuits can be filed by victims who are living or their families. When a plaintiff dies, their estate representative can continue the case as a lawsuit for wrongful deaths.
Work History
Asbestos-related victims have to give their lawyer documents that clearly state when they were exposed to asbestos, what their job responsibilities are and the length of time they were exposed to asbestos. This information will help the lawyer establish a direct connection between the exposure and the illness of the victim. A lawsuit that involves asbestos may not be successful if the evidence is not there.
Asbestos is most likely to be discovered in industrial environments. However, exposure to asbestos could occur in schools, churches, military bases, hospitals and private homes. Asbestos can be found in shingles, pipes, insulation, and fireproofing materials. Anyone who is exposed to these materials can inhale asbestos fibers and develop respiratory issues and illnesses such as mesothelioma.
Many asbestos-producing companies were aware of its dangers, but chose to remain silent about the dangers. This decision was made to protect the industry and increase profits. These companies did not begin to compensate those who developed mesothelioma or other illnesses because of asbestos exposure until the first lawsuits were filed.
A lawsuit against an asbestos-related company is a complex task. It can be difficult to identify responsible parties because asbestos is no more in use. There are many laws that can help victims determine the companies accountable 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 and the Safe Drinking Water Act and the Resource Conservation and Recovery Act.
Asbestos victims are usually compensated by asbestos trust funds. These funds are set up to help victims receive compensation if the companies responsible for their exposure have gone under. An experienced attorney who specializes in asbestos litigation is able to negotiate these funds to ensure the maximum compensation.
Wrongful death cases are filed by family members of people who have died due to mesothelioma or another asbestos-related disease. This type of lawsuit seeks damages for unpaid funeral costs, medical expenses and loss of income. These lawsuits are also designed to hold the responsible asbestos companies accountable for their negligence.
Testimonials
You can sue the companies who put you at risk if you're diagnosed with mesothelioma or another asbestos-related condition. Your legal team will gather evidence to show that the businesses harmed you. This includes medical evidence of your diagnosis and asbestos product identification. Many lawsuits involve dozens or more defendants, as it's common for plaintiffs to have been exposed to different asbestos-related products throughout their professional careers.
A lawyer who is specialized in mesothelioma cases will be able to identify the right defendants for your case even if they've gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been working on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma lawsuits and has helped settle asbestos litigation worth more than $2 billion.
In the past, law firms that specialize in asbestos litigation would approach clients and then "bundle" them together into groups to file lawsuits in bulk. The goal was to overwhelm the judicial system and enrich the lawyers. This skewed approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. This has also drained funds that could have been made available to those who develop more serious illnesses in the future.
The current compensation systems require that attorneys group claims based on diagnosis. This has resulted in the reduction of mesothelioma lawsuits being filed. Combined with the fact that certain states have passed tort reforms that resulted in more stringent medical criteria and an inactive docket these changes have contributed to the reduced levels of new claim filings between 2004 and 2006.
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 state laws allow families to pursue legal action within three years of the date they knew (or should have been aware) of the injury. Other states have different statutes of limitations. New Jersey and Pennsylvania have a two-year deadline for legal action.
Statute of limitations
A statute of limitations is a law that sets a time limit for filing an action in court. These deadlines vary from state to state. They are usually based on the date of the person's exposure to asbestos or the date they were diagnosed with an asbestos-related disease. However, there are several factors that can complicate the rules.
Many asbestos-related exposure victims don't realize they've been diagnosed with a condition until years after their initial exposure. This is due to the mesothelioma latency period and other asbestos-related diseases. It is crucial that mesothelioma patients and their families file a lawsuit as soon as possible due to the latency period.
The statute of limitation varies between states, however, in the majority of cases, it begins with the date of diagnosis. Certain states have different statutes for wrongful-death cases and personal injury claims. In general, wrongful-death statutes of limitation are less than those for personal injury claims.
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 give guidance on where, how and when to file. Additionally, an experienced mesothelioma lawyer can assist if the statute of limitations has already expired.
Mesothelioma lawyers can suggest options to seek compensation even in the event that the statute of limitations has passed for example, trust fund claims or other sources of financial aid. They might also be in a position to file the claim in a different jurisdiction where the statute of limitations has not yet expired.
If the patient has not been diagnosed with mesothelioma, their time limit begins when they are diagnosed with a related illness like asbestosis or lung cancer. Some states have "discovery" statutes that follow the same rules as a traditional statute of limitations but start at the time of the diagnosis instead of the original exposure.
Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and family members. A mesothelioma lawyer who is knowledgeable can explain the laws of the state and specific circumstances where a statute of limitations may be extended or suspended.
Hire a Lawyer
Asbestos attorneys know how to navigate the complex asbestos litigation. They will work with other lawyers to ensure that your case gets the most favorable outcome.
Asbestos lawsuits differ from other personal injury cases. The exposure to asbestos took place years ago, and a lot of the companies affected have been shut down or filed for bankruptcy. Many workers who were exposed to asbestos can't remember the places they worked in and it may be difficult for them identify the exact locations they could have worked in. This is why an experienced attorney is crucial since they can make use of the resources at his disposal to determine the names of the companies that were harmed and the dates when they worked for them.
Once the asbestos attorney has an understanding of the location to which the person was exposed and what they did there and what they did, he or she will then call in medical experts to examine the evidence and prepare reports about how the exposure to asbestos triggered the mesothelioma. It is important that the asbestos lawyer can establish the causation aspect of the case, as without it, the victim may not qualify for compensation.
Arlington Heights asbestos lawyers will also be able to gather the data required to bring a lawsuit against asbestos as well as an appeal to a trust fund for the victim. This includes gathering information about the victim's work and asbestos-related injuries, medical records, testimonies from other victims and much more. A mesothelioma lawyer should be acquainted with all of the different kinds of financial assistance that is available to victims and their families. This includes health insurance, disability insurance and Social Security benefits.
Employing an experienced asbestos lawyer is crucial for anyone who has been diagnosed with a mesothelioma or another asbestos-related illness. A lawyer can assist patients determine what kind of claim they need to submit and assist in filling the necessary paperwork. An experienced mesothelioma lawyer will assist those suffering from other asbestos-related illnesses file claims for compensation, such as trust fund and VA claims.