A Guide To Asbestos Claim From Beginning To End
How to File an Asbestos Claim
An asbestos claim is a legal action brought 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 can be filed by victims who are alive or their families. When a plaintiff passes away the estate representative of their estate may continue the case under the doctrine of wrongful death.
Work History
Asbestos-related victims must give their lawyer's papers that clearly state the date they were exposed to asbestos, the nature of their work and the time for exposure. This information will help the lawyer establish a direct link between that exposure and the patient's condition. A lawsuit involving asbestos could not be successful if the evidence isn't there.
Asbestos is more likely to be discovered in industrial settings. However, this exposure also can occur in churches, schools and hospitals, military bases and private homes. Asbestos can be present in shingles, pipes, insulation, and fireproofing materials. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma among those who are exposed to this material.
Many of the companies that produced asbestos were aware of the dangers, but chose to keep this information quiet. This was done to ensure the safety of the industry and to increase profits. It wasn't until the first asbestos lawsuits were filed that these companies began to pay compensation to those who contracted mesothelioma or other ailments due to exposure.
A lawsuit against a company which manufactures asbestos can be a complicated process. Since asbestos is no longer in use it can be difficult to determine who is responsible. However, there are many 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 just a few examples.
Asbestos victims typically get compensated by asbestos trust funds. These funds are established to help injured victims get compensation if the businesses responsible for their exposure have gone bankrupt. Charlotte asbestos lawsuit who specializes in asbestos litigation can negotiate these funds and get the maximum compensation.
Families of people who died from mesothelioma, or another asbestos-related illness, can file wrongful death cases. This type of claim seeks to recover the unpaid funeral expenses, medical costs and loss of income for the deceased. These lawsuits also aim to hold asbestos companies accountable for their wrongful conduct.
Testimonials
Once you have been diagnosed with mesothelioma or an asbestos-related illness, you can file a lawsuit against the businesses that put you in harm's way. Your legal team will gather evidence to prove the businesses who caused you harm, such as medical proof of your diagnosis as well as the identification of the asbestos product. A lot of lawsuits involve dozens of defendants, since it is typical for plaintiffs to have been exposed to various asbestos-related products during their careers.
A lawyer who specializes on mesothelioma cases can to identify the right defendants in 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 has worked on hundreds mesothelioma lawsuits and helped resolve asbestos-related litigation that amounted to more than $2 billion.
Law firms that specialized in asbestos litigation would "bundle" clients together to file lawsuits on a mass basis. The aim was to overload judicial systems and enrich lawyers. According to the U.S. Department of Justice, this skewed litigation approach has been detrimental to plaintiffs. It also has drained funds that could have been made available to people who are likely to develop more serious illnesses in the future.
The current compensation system demands that attorneys group claims based on the diagnosis. This has led to an increase in mesothelioma lawsuits being filed. Combined with the fact that certain states have implemented tort reforms that have resulted in more stringent medical criteria and an inactive docket these changes have contributed to the reduced levels of new claim filings from 2004 to the year 2006.
In addition to mesothelioma lawsuits you can also make claims for wrongful death for family members who have lost loved ones because of asbestos exposure. New York law allows families to start an action within three years of the time they were aware (or were aware) of an injury. In other states the statutes of limitation are different, with New Jersey and Pennsylvania requiring legal action within two years.
Statute of Limitations
A statute of limitations is a law that sets an expiration date for filing a legal claim. The deadlines for filing a claim vary from state to state. The deadlines are typically determined by the time that the victim was exposed to asbestos or was diagnosed with an asbestos-related disease. However, there are a variety of factors that could complicate these rules.
Many people who have been exposed to asbestos are unaware that they are suffering from a disease for decades after the initial exposure. This is due to the mesothelioma's latency time, and other asbestos-related diseases. Due to the latency period, it is important for mesothelioma victims and their families to make a claim as soon as possible.
The time limit for a statute of limitations differs according to state, but the majority start from the date of diagnosis. There are also states with different statutes of limitations for wrongful deaths versus personal injury claims. In general, wrongful-death statutes of limitation are less than those for personal injury claims.
Asbestos patients and their families must hire a mesothelioma attorney immediately. The lawyer will be able to review all possible sources of compensation and provide advice on the best way, where and when to file. Additionally, an experienced mesothelioma attorney can help when the statute of limitation has already expired.
Mesothelioma lawyers can suggest options to obtain compensation even in the event that the statute of limitations has expired, such as trust fund claims or other sources of financial aid. They may also be able to file the claim in another jurisdiction where the statute of limitations has not yet expired.
If the patient is not diagnosed with mesothelioma the statute of limitations starts when they are diagnosed with a related condition like lung cancer or asbestosis. Certain states have "discovery" statutes that apply the same as a traditional statute of limitations, but start from the date of the diagnosis, not the initial exposure.
Mesothelioma attorneys must always discuss limitations statutes with their clients and loved family members. A knowledgeable mesothelioma lawyer can explain state laws and specific circumstances where a statute of limitations may be suspended or tolled.
Hire a lawyer
Asbestos lawyers know how to navigate the complex asbestos litigation. They work with other lawyers to ensure that your case receives the highest chance of success.
Asbestos cases are very different from other personal injury cases. The reason for this is that asbestos exposure happened several decades ago and many of the companies that were exposed have either declared bankruptcy or gone out of business. Many of the workers who were exposed to asbestos do not remember the places they worked in and it is difficult to identify the places they might have been in. A knowledgeable attorney can assist you with this because he/she can use the tools available in order to determine which companies were affected and when they worked for them.
Once the asbestos attorney has a better idea of where and how the victim was exposed to asbestos, he will be able to have medical experts review and prepare reports on the causes of mesothelioma. It is essential that the asbestos lawyer can establish the causation element of the case because without it, the victim could not be eligible for compensation.
A mesothelioma attorney will also be able gather the information required to make a claim against asbestos as well as a trust fund claim for the victim. This includes gathering information on the victim's occupation, asbestos-related injuries and medical records. Additionally, they can gather testimony from other victims. Additionally, a mesothelioma lawyer should be acquainted with the various kinds of financial aid 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 diagnosed with a mesothelioma or another asbestos-related illness. An attorney can help decide on the kind of claim they should submit and assist in filling the necessary paperwork. A mesothelioma lawyer can help those with other asbestos-related diseases to file for compensation. This includes trust fund and VA claims.