How to File an Asbestos Claim
An asbestos claim is a legal proceeding against companies that exposed someone to asbestos. Lawsuits must be filed within a specified time period called the statute of limitations.
Asbestos lawsuits can be filed by those who are alive or their families. When a plaintiff dies, their estate representative may continue the case in the event of wrongful death.
Work History
Asbestos-related victims have to give their lawyer's documents that clearly specify the date they were exposed to asbestos, what their job responsibilities are and the length of time they were exposed to asbestos. This will enable the lawyer to establish a direct connection between asbestos exposure and the victim’s health condition. A lawsuit that involves asbestos may not be successful if the evidence is lacking.
Asbestos is most likely to be discovered in industrial environments. However, this exposure also is common in churches, schools, hospitals, military bases and private homes. Asbestos is present in fireproofing and insulation materials pipes, shingles, and pipes. People who are exposed to these materials can inhale asbestos fibers and develop respiratory problems and other illnesses, such as mesothelioma.
Many companies that made asbestos were aware of its dangers however they decided to remain silent about the dangers. This was done in order to safeguard the industry and increase profits. It was not until the first asbestos lawsuits were filed that these companies began to compensate people who developed mesothelioma and other ailments due to exposure.
A lawsuit against a business that manufactures asbestos is a complicated task. It is difficult to determine the responsible parties since asbestos is no more in use. There are many laws that can assist victims find the companies responsible for their exposure to asbestos. 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 all examples.
Asbestos trust funds are generally responsible for compensating asbestos victims. These funds were established to help injured victims receive compensation when the companies responsible for their exposure have gone under. An experienced attorney who specializes in asbestos litigation knows how to negotiate these funds and get the most compensation.
Families of people who died from mesothelioma or another asbestos-related illness, may make wrongful death claims. This type of claim seeks compensation for the deceased person's unreimbursed funeral costs, medical expenses and
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Testimonials
If you've been diagnosed with mesothelioma, or another asbestos-related illness, you can make a claim against the companies that put you in harm's way. Your legal team will collect evidence to prove the companies that harmed you, including medical proof of diagnosis and the identification of asbestos products. Because it is commonplace for plaintiffs have had exposure to various asbestos-related products throughout their career Many lawsuits involve multiple defendants.
A lawyer who specializes in mesothelioma cases can help you find the most suitable defendants for your case, even if these companies have gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have worked on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped settle asbestos litigation worth more than $2 billion.
Firms that were specialized in asbestos litigation would "bundle" clients together to file lawsuits in mass. The idea was to overburden the judicial system and make lawyers richer. According to the U.S. Department of Justice this skewed approach to litigation has hurt plaintiffs. The result is that funds are being drained that could have been made available for individuals who will develop more serious illnesses in the future.
The current compensation systems in place require attorneys to classify claims based on diagnosis. This has led to a decreased number of mesothelioma lawsuits being filed. These changes, as well as the fact some states have passed reforms to tort law, which have led to the use of a more strict medical criterion and an inactive docket have contributed to a decrease in the number of new claims that were filed from 2004 to 2006.
In addition to mesothelioma lawsuits you can also make claims for wrongful death for family members who have lost a loved one because of asbestos exposure. New York state laws allow families to take legal action within three years of the date they knew (or should have been aware) of the injury. In other states the statutes of limitations differ in New Jersey and Pennsylvania requiring legal action within two years.
Statute of Limitations
A statute of limitations is a law that sets the deadline for filing a legal claim. The deadlines for filing a claim vary from state to state. These deadlines are usually based on when the victim was exposed to asbestos or was diagnosed with an asbestos-related disease. There are several factors which can make it difficult to follow the rules.
Many people who have been exposed to asbestos are unaware of the existence of a condition for decades after the initial exposure. This is due to the mesothelioma's latency time, www.
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The statute of limitations differs from state to state but in most cases it starts with the date of diagnosis. Some states have different statutes of limitations for wrongful-death cases and personal injury claims. In general, the statutes of limitation are shorter than those for personal injury claims.
Asbestos patients and their families must hire mesothelioma lawyers as soon as possible. The lawyer will be able to review all possible sources of compensation and give guidance on how, where and when to file. A knowledgeable mesothelioma attorney can help in the event that 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 run out for example, trust fund claims or other sources of financial assistance. They might also be able to file the claim in a different jurisdiction where the statute of limitations hasn't yet expired.
If the patient is not diagnosed with mesothelioma, the statute of limitation begins when they are diagnosed as having an associated condition, such as lung cancer or asbestosis. Certain states have "discovery statutes" which apply the same as the statutes of limitations that are used in traditional cases however they begin at the date of diagnosis, not the date of exposure.
Mesothelioma attorneys must always discuss the statute of limitations with clients and their loved relatives. A mesothelioma lawyer who is knowledgeable can explain the laws of the state and specific situations where the statute of limitations could be tolled or suspended.
Hire a Lawyer
Asbestos lawyers are able to navigate the complex asbestos litigation. They work with other attorneys to ensure that your case gets the highest chance of success.
Asbestos claims are different from other personal injury cases. The asbestos exposure was several decades ago, and a large number of the companies affected have been shut down or have filed for bankruptcy.