How to File an Asbestos Claim
Legal action is taken 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 the living victims or their families. When a plaintiff dies and their estate representative is appointed, they can continue the case as a lawsuit for wrongful death.
Work History
Asbestos victims need to submit to their lawyer documents that clearly state the date they were exposed to asbestos, the nature of their job was and the length of time. This information will allow the lawyer to establish a direct link between that exposure and the illness of the victim. A lawsuit that involves asbestos may not be successful if the evidence is not there.
Those who work in an industrial environment are more likely to be exposed to asbestos. However, asbestos exposure is common in churches, schools, military bases, hospitals and private residences. Asbestos is found in shingles, pipes insulation, fireproofing materials. People who are exposed these materials can inhale asbestos fibers and develop respiratory problems and illnesses such as mesothelioma.
Many of the companies that manufactured asbestos were aware of the dangers, but decided to keep the information secret. This was a choice made to boost profits and protect the industry. It wasn't until first asbestos lawsuits were filed that these companies began to compensate those who contracted mesothelioma or other diseases due to exposure to asbestos.
A lawsuit against a business that produces asbestos can be a complicated process. It can be difficult to identify responsible parties because asbestos is no longer in use. There are however many laws that can help victims identify the companies responsible for their 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.
Trust funds for asbestos are typically responsible for compensating asbestos victims. These funds are set up to assist victims of asbestos get compensation when the companies which exposed them have gone bankrupt. In these situations an experienced attorney who specializes in asbestos litigation will know how to negotiate with these funds to ensure you receive the highest amount of amount of compensation you can get.
Families of those who died from mesothelioma, or another asbestos-related disease, can file wrongful death cases. This type of lawsuit seeks compensation for the unreimbursed funeral costs, medical expenses and loss of income for the deceased. These lawsuits also seek to hold the responsible asbestos companies accountable for their wrongful conduct.
Testimonials
You can sue the businesses who put you at risk if you're diagnosed with mesothelioma, or another asbestos-related disease. Your legal team will collect evidence to prove that the companies harmed you. This includes medical proof of your diagnosis as well as asbestos product identification. Many lawsuits involve dozens of defendants, as it's typical for plaintiffs to have been exposed to a variety of asbestos products throughout their professional careers.
A lawyer who specializes in mesothelioma cases can help you find the appropriate defendants for your case even if these businesses have been declared 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 been involved in hundreds of mesothelioma cases. The firm has helped settle more than $2 billion of asbestos litigation.
Law firms that specialized asbestos litigation would "bundle" clients to file lawsuits on a mass basis. The idea was to overburden the legal system asbestos poisoning claim and benefit lawyers. This unbalanced 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 future.
The current compensation systems in place require attorneys to group claims based on the diagnosis. This has resulted in a decrease in the number of mesothelioma lawsuits. This is in addition to the fact that certain states have passed tort reforms which have resulted in more stringent medical criteria and an inactive docket these changes have contributed to a decrease in new claims being filed from 2004 to the year 2006.
In addition to mesothelioma claims you can also file wrongful death claims for family members who lost a loved one due to asbestos exposure. New York state laws allow families to pursue legal action within three years from the time they became aware (or should have had the knowledge) 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 a legal claim. The deadlines vary by state. They are often dependent on the date of the person's exposure to asbestos or when they were diagnosed with an asbestos-related illness. However, there are several factors that could complicate these rules.
Many asbestos-related exposure victims do not realize they have been diagnosed with a condition until decades after their first exposure. This is due to the time frame of mesothelioma's latency and other asbestos-related ailments. It is important that mesothelioma patients and their families file a lawsuit as soon as possible due to the latency period.
The statute of limitations is different by state, but most begin from 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 consider hiring mesothelioma lawyers as soon as possible. The lawyer will review all the possible sources of compensation for clients and advise on the best time, place and the best way to file. A mesothelioma lawyer can assist if the statute is expired.
Mesothelioma lawyers can recommend options to seek compensation even when the statute of limitations has run out, such as trust fund claims or other sources of financial aid. They might be able to file the claim in a state where the statute has not expired.
If the person is not diagnosed with mesothelioma the statute of limitations starts when they are diagnosed as having another related illness, like lung cancer or asbestosis. Some states have "discovery statutes" which apply the same as traditional statutes of limitations, but start at the date of diagnosis instead of exposure.
Mesothelioma attorneys should always discuss the statute of limitations with their clients and their loved ones. A mesothelioma lawyer who is knowledgeable can explain the laws of the state, as well as specific situations where the statute of limitations could be tolled or suspended.
Hire a lawyer
Asbestos lawyers are able to navigate the maze of asbestos litigation. They will collaborate with other lawyers to ensure that your case receives the best possible outcome.
Asbestos claims are distinct from other personal injury claims. The exposure to asbestos occurred several decades ago, and a large number of the companies affected have been closed or filed for bankruptcy. Many of the workers who were exposed to asbestos don't remember where they worked and it may be difficult to identify the locations they may have worked in. This is why a seasoned attorney is crucial since he or she can make use of the resources at his disposal to determine the name of the companies that were exposed and the dates they worked there.
When the asbestos attorney has a better idea of the location and how the victim was exposed to asbestos, he will be able to engage medical experts to examine and prepare reports on the cause of mesothelioma. It is vital that the asbestos lawyer is able to determine the causation aspect of the case as without it, the victim might not be able to claim compensation.
A mesothelioma attorney will also be able gather the information needed to bring a lawsuit against asbestos and trust fund claims for the victim. This includes gathering information about the victim's occupation as well as asbestos-related injuries, and medical records. Additionally, they can gather testimony from other victims. A mesothelioma lawyer must also be familiar with the various kinds of financial aid that are available to patients and their family members. This includes health insurance, disability insurance and Social Security benefits.
Anyone diagnosed with mesothelioma or any other asbestos-related disease is advised to consult an asbestos lawyer. A lawyer can assist patients determine the kind of claim they need to make and help them fill the necessary paperwork. A mesothelioma lawyer who is experienced can assist people suffering from other asbestos-related illnesses file for compensation, including trust fund and VA claims.