How to File an Asbestos Claim
A legal action is initiated against companies who exposed a person to asbestos. The statute of limitations is a period within which lawsuits must be filed.
Asbestos lawsuits can be filed by the living victims or their families. When a plaintiff dies and their estate representative is appointed, they can continue the case in the event of the wrongful death.
Work History
Asbestos victims need to provide their lawyer with documents that clearly state the date of their exposure to asbestos, the nature of their job entailed and the length of time. This will enable the lawyer to establish a direct link between asbestos exposure and the victim’s health condition. Without the right evidence that an asbestos lawsuit has, it may not be able to move forward.
Asbestos is more likely to be discovered in industrial settings. However, asbestos exposure is common in churches, schools or military bases, hospitals and private homes. Asbestos is present in fireproofing, insulation pipes, shingles and pipes. People who are exposed to these materials can inhale asbestos fibers and develop respiratory problems and illnesses such as mesothelioma.
Many companies that made asbestos were aware of the dangers however, they chose to remain silent about the dangers. 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 were diagnosed with mesothelioma or other diseases because of asbestos exposure until the first lawsuits were filed.
A lawsuit against an asbestos company is a complex task. It can be difficult to identify the parties responsible since asbestos is no more in use. There are a variety of laws that can help victims find the companies responsible for their exposure to asbestos. 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 created to help injured victims receive compensation when the companies who exposed them went bankrupt. A skilled attorney who specializes in asbestos litigation is able to negotiate these funds and ensure the most compensation.
Families of those who have died from mesothelioma, or another asbestos-related disease, can bring wrongful death lawsuits. This type of lawsuit seeks compensation for unreimbursed funeral expenses, medical costs and loss of income for the deceased. These lawsuits are also designed to hold the asbestos companies responsible for their wrongful conduct.
Testimonials
If you've been diagnosed with mesothelioma or an asbestos-related illness, you can file a lawsuit against the companies who put you in harm's way. Your legal team will gather proof to prove that the companies caused harm to you. This includes medical evidence of your diagnosis and asbestos product identification. Many lawsuits involve dozens or more defendants, since it is common for plaintiffs to have been exposed to a variety of asbestos products throughout their professional careers.
A lawyer who is specialized in mesothelioma lawsuits will be able to identify the most suitable defendants for your case even if the companies have declared bankruptcy. Young Conaway Stargatt & Taylor has 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 settle more than $2 billion of asbestos litigation.
Firms that were specialized in asbestos litigation would "bundle" clients together to file lawsuits in bulk. The goal was to overwhelm the legal system and benefit lawyers. According to the U.S. Department of Justice this biased approach to litigation has hurt plaintiffs. The result is that funds are being drained that could have been made accessible to people who develop more serious illnesses in the future.
The current compensation systems in place require that attorneys group claims based on diagnosis. This has led to a decrease in the number of mesothelioma lawsuits. In addition, some states have enacted tort reforms that resulted in stricter medical requirements and an inactive docket, these changes have contributed to the decrease in new claim filings between 2004 and the year 2006.
In addition to mesothelioma cases you can also file wrongful death claims for family members who lost a loved one because of asbestos exposure. New York state laws allow families to take legal action within three years from the time they were aware (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.
Fort Worth asbestos lawyers of limitations
A statute of limitations is a law that establishes the deadline for filing a legal claim. The deadlines vary according to the state. They usually are determined by the date of the victim's exposure to asbestos or the date they were diagnosed with an asbestos-related illness. However, there are several aspects that can alter the rules.
Many people who have been exposed to asbestos do not know they have been diagnosed with a condition until decades after their initial exposure. This is due the latency period for mesothelioma, and other asbestos-related diseases. It is crucial that mesothelioma patients as well as their families file a lawsuit right away due to the latency period.
The statute of limitations is different according to state, but the majority begin from the date of diagnosis. Some states have different statutes for personal injury and wrongful death claims. In general, the statutes of limitations are shorter than personal injury ones.
Asbestos victims and their families ought to consider hiring mesothelioma attorneys as early as is feasible. The lawyer will be able to review the various options for compensation and offer suggestions on where, how and when to file. A mesothelioma lawyer can assist in cases where the statute is expired.
Lawyers for mesothelioma can suggest options to obtain compensation, even if the statute has expired. These include trust fund claims and other sources of financial aid. They may also be in a position 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 an associated condition, like lung cancer or asbestosis. Certain states have "discovery statutes" which apply the same as the traditional statutes of limitations but begin with the date of diagnosis, not the date of exposure.
Mesothelioma lawyers should always be able to discuss the statute of limitations with their clients and family members. A mesothelioma attorney can explain the law of the state as well as the circumstances where a statute of limitation may be tolled or suspended.
Hire a lawyer
Asbestos lawyers know how to navigate the maze of asbestos litigation. They will work with other lawyers to ensure that your case gets the most favorable outcome.
Asbestos cases are very different from other personal injury claims. The asbestos exposure was decades ago, and many of the companies affected have gone out of business or have filed for bankruptcy. Many of the workers who were exposed to asbestos do not remember the places they worked in and it may be difficult for them identify the places they might have worked in. A knowledgeable attorney can assist you in this regard as he or she can use the resources available to him/her for determining which companies were exposed and the time they worked for them.
Once the asbestos attorney has a clear understanding of the place and how the victim was exposed to asbestos, he is able to have medical experts review and write reports regarding the cause of mesothelioma. It is vital that the asbestos lawyer can determine the causation aspect of the case because without it, the victim could not be eligible for compensation.
A mesothelioma lawyer can be able to gather the necessary information that is required to submit an asbestos lawsuit and trust fund claim on behalf of the victim. This includes gathering information on the victim's work, asbestos-related injuries medical records, testimony from other victims and more. In addition, a mesothelioma lawyer should be acquainted with all of the different types of financial assistance that are available to victims and their families. This includes benefits from health insurance as well as disability insurance and Social Security benefits.
Engaging an experienced asbestos lawyer is crucial for anyone diagnosed with mesothelioma or any other asbestos-related disease. A lawyer can help people decide on the type of claim they should make and help them fill the necessary paperwork. An experienced mesothelioma lawyer can also help people with other asbestos-related diseases file claims for compensation, which includes trust fund and VA claims.