5 Reasons Asbestos Claim Is Actually A Good Thing
How to File an Asbestos Claim
Legal action is taken against companies who exposed a person to asbestos. Lawsuits must be filed within a certain time period, also called the statute of limitations.
Asbestos lawsuits can be filed by living victims or their families. When a plaintiff passes away the estate representative of their deceased victim can pursue the case as a lawsuit for wrongful death.
Work History
Asbestos victims must give their lawyer documents that clearly indicate the date of their exposure to asbestos, what their job involved and the length of time. This will enable the lawyer to establish a direct connection between the asbestos exposure and the victim’s illness. Without the correct evidence that an asbestos lawsuit has, it may not be able to move forward.
Workers in an industrial environment are more likely to be exposed to asbestos. This exposure can also occur in schools and churches, hospitals, bases of military, as well as private homes. Asbestos is found in pipes, shingles, insulation, and fireproofing materials. People who are exposed these materials can inhale asbestos fibers and suffer respiratory problems and diseases like mesothelioma.
Many of the companies who produced asbestos were aware of the dangers, but decided to keep this information quiet. This was a decision made in order to increase profits and safeguard the industry. The companies didn't begin to pay compensation to those who contracted mesothelioma and other diseases because of asbestos exposure until the first lawsuits were filed.
A lawsuit against an asbestos company can be a difficult task. Since asbestos is no longer in use it can be difficult to determine who is responsible. However, there are many laws that assist victims in identifying the companies that are responsible for their exposure. They 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 generally accountable for the payment of asbestos victims. These funds were set up to help victims receive compensation if the companies responsible for their exposure have gone bankrupt. An experienced attorney who is skilled in asbestos litigation knows how to negotiate these funds to ensure the maximum compensation.
These cases are filed by family members of those who have died from mesothelioma, or another asbestos-related disease. This type of claim seeks compensation for the unreimbursed funeral costs, medical expenses and loss of income for the deceased. These lawsuits also seek to hold asbestos companies accountable for their negligence.
Testimonials
You can sue the companies who put you at risk if you are diagnosed with mesothelioma, or another asbestos-related condition. Your legal team will gather evidence to prove that the companies harmed you. This includes medical evidence of your diagnoses and asbestos product identification. As it is common that plaintiffs have had exposure to various asbestos-related products throughout their career A lot of lawsuits involve multiple defendants.
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 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. He has also helped resolve over $2 billion of asbestos litigation.
Law firms that specialized in asbestos litigation would "bundle" clients to file lawsuits in mass. The idea was to overburden judicial systems and enrich lawyers. This biased approach to litigation has hurt plaintiffs according to the U.S. Department of Justice. It has also depleted funds which could have been provided to those who are likely to develop more serious diseases in the future.
The current compensation systems require that attorneys group claims based on diagnosis. This has led to an increase in the number of mesothelioma lawsuits. In addition, certain states have implemented tort reforms that have resulted in stricter medical requirements and an inactive docket these changes have led to a decrease in new claims being filed between 2004 and the year 2006.
In addition to mesothelioma cases, you can make claims for wrongful death for family members who have lost loved ones due to asbestos exposure. New York law allows families to bring lawsuits within three years of the date they learned (or should have known) of the 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 establishes an expiration date for filing an action in court. The deadlines for filing a claim vary from state to state. The deadlines are typically based on when the victim was exposed to asbestos attorney or diagnosed with an asbestos-related illness. There are several factors which can complicate the rules.
Many people who have been exposed to asbestos do not realize they have been diagnosed with a condition until decades after their initial exposure. This is due to the time frame of mesothelioma's latency and other asbestos-related illnesses. Because of the latency period, it is important for mesothelioma patients and their families to start a lawsuit immediately if they are able to.
The time limit for a statute of limitations varies between states, but in most cases it starts with the date of diagnosis. Certain states have different statutes of limitations for wrongful-death cases and personal injury claims. In general, the statutes of limitations are less than personal injury ones.
Asbestos patients and their families must hire a mesothelioma attorney as soon as possible. The lawyer will be able to evaluate the various options for compensation and give advice on the best way, where and when to file. A knowledgeable mesothelioma lawyer can assist if the statute of limitations has already expired.
Lawyers for mesothelioma can suggest ways to get compensation even if the statute has expired. This includes trust fund claims and other sources of financial assistance. They may be able to file the claim in a jurisdiction where the statute of limitations hasn't expired.
If the victim has not been diagnosed with mesothelioma or other cancers, the statute of limitations starts when they are diagnosed with a congenital condition, such as asbestosis or lung cancer. Some states have "discovery statutes" that use the same rules as the traditional statutes of limitations but begin with the date of diagnosis, not exposure.
Mesothelioma lawyers should always discuss the statute of limitations with their clients and loved ones. An attorney for mesothelioma can explain state law, as well as situations where a statute of limitation may be suspended or tolled.
Employ a lawyer
Asbestos lawyers are able to navigate the complex asbestos litigation. They will collaborate with other attorneys to ensure your case has the most favorable outcome.
Asbestos claims differ from other personal injury cases. The main reason is that asbestos exposure occurred decades ago and many of the companies exposed have either declared bankruptcy or have gone out of business. Often, the workers who were exposed don't even remember where they worked, and it is hard for them to identify the places where they might have been exposed. This is why a seasoned attorney is crucial since they will be able to use the resources available to him or his disposal to discover the name of the companies that were harmed and the dates they worked for them.
Once the asbestos attorney has a better understanding of where the individual was exposed to asbestos and what they did in the area the lawyer can then get medical experts to examine the evidence and prepare reports about how the exposure to asbestos triggered mesothelioma. It is vital that the asbestos lawyer can establish the causation component of the case as without it, the victim might not be eligible for compensation.
A mesothelioma lawyer will also be able to collect the required information required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's work as well as asbestos-related injuries, and medical records. Also, it includes the testimonies of other victims. A mesothelioma lawyer should be familiar with all of the different kinds of financial assistance that are available to victims and their families. This includes health insurance benefits, disability insurance, and Social Security benefits.
Engaging an experienced asbestos lawyer is crucial for anyone who has been diagnosed with mesothelioma, or other asbestos-related illness. A lawyer can assist patients determine what type of claim they should make and help them fill the necessary paperwork. A mesothelioma lawyer who is experienced can assist people suffering from other asbestos-related diseases file for compensation, including trust fund and VA claims.
