How to File an Asbestos Claim
A legal action is initiated against companies who exposed a person or company to asbestos. The statute of limitations is a time limit within which lawsuits have to be filed.
Asbestos lawsuits can be filed by victims who are alive or their families. When a plaintiff dies and their estate representative is appointed, they can continue the case under wrongful death.
Work History
Asbestos sufferers must submit to their lawyer documents that clearly indicate the date they were exposed to asbestos, their job entailed and for how long. This information will allow the lawyer to establish a direct link between exposure to asbestos and the patient's condition. A lawsuit involving asbestos may not be successful if the evidence isn't there.
People who work in a workplace are most likely to be exposed to asbestos. This exposure can also occur in schools and churches, hospitals, bases of military, and private homes. Asbestos is found in fireproofing, insulation pipes, shingles, and pipes. Escondido asbestos lawsuit who is exposed to these materials could inhale asbestos fibers and develop respiratory problems and illnesses such as mesothelioma.
Many asbestos-producing companies 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 protect the industry. It was not until the first asbestos lawsuits were filed that the companies began to compensate those who contracted mesothelioma or other illnesses caused by exposure to asbestos.
A lawsuit against a business which manufactures asbestos is a difficult task. It is difficult to determine the parties responsible since asbestos is no longer in use. There are however many laws that assist victims in identifying the companies that are 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, the Safe Drinking Water Act and the Resource Conservation and Recovery Act.
Asbestos victims are typically compensated by asbestos trust funds. These are funds that are set up to help victims receive compensation when the companies responsible for their exposure have gone bankrupt. In these instances an experienced lawyer who specializes in asbestos litigation will know how to negotiate with these funds to ensure you receive the highest amount of compensation possible.
Wrongful death cases are filed by relatives of those who have died due to mesothelioma or an asbestos-related disease. This type of claim seeks damages for the deceased person's unreimbursed funeral costs, medical expenses and loss of income. These lawsuits also aim to hold asbestos companies accountable for their negligence.
Testimonials
If you've been diagnosed with mesothelioma or another asbestos-related illness, you can file a lawsuit against the companies that put you in danger. Your legal team will collect evidence to prove that the companies that harmed you, including medical proof of your diagnosis as well as the identification of the asbestos product. Because it is commonplace for plaintiffs have been exposed to various asbestos-related products throughout their careers, many lawsuits involve multiple defendants.
A lawyer that specializes in mesothelioma cases will be able to identify the right defendants in your case even if they've been bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been working on 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 in asbestos litigation.
Law firms that specialized asbestos litigation would "bundle" clients together to file lawsuits in mass. The aim was to overload the legal system and benefit lawyers. This biased approach to litigation has harmed plaintiffs according to the U.S. Department of Justice. It also has drained funds that could have been made available to people who are likely to develop more serious diseases in the future.
The current compensation system requires that attorneys categorize claims based on diagnosis. This has resulted in the reduction of mesothelioma cases being filed. These changes, as well as the fact that certain states have enacted reforms in tort law, which have led to in a stricter medical criterion as well as an inactive docket, have led to a decrease in the number of new claims that were filed from 2004 to 2006.
You can also file wrongful death lawsuits for family members of a loved one who died who died as a result of asbestos exposure. New York state laws allow families to take legal action within three years from the time they knew (or should have known) of the injury. In other states the statutes of limitations are different in New Jersey and Pennsylvania requiring legal action within two years.
Statute of limitations
A statute of limitations is a law that imposes the deadline for filing an action in court. The deadlines vary by state. The deadlines are typically dependent on the date that the victim was exposed to asbestos or was diagnosed with an asbestos-related disease. There are however a number of factors that could complicate these rules.
Many people who have been exposed to asbestos do not realize of the existence of a condition for a long time after initial exposure. This is due to the mesothelioma's latency time, and other asbestos-related illnesses. Because of the latency period, it is important for mesothelioma patients and their families to start a lawsuit as soon as possible.
The time limit for a statute of limitations varies from state to state however, in the majority of cases, it begins with the date of diagnosis. There are states that have different statutes of limitation for wrongful deaths versus personal injury claims. In general, wrongful death statutes of limitations are shorter than personal injury ones.
Asbestos victims and their families should consider hiring a mesothelioma lawyer as early as is feasible. The lawyer will be able to review the various options for compensation and provide advice on the best way, where and when to file. Additionally, an experienced mesothelioma lawyer can help if the statute of limitations has already expired.
Lawyers for mesothelioma can suggest ways to get compensation even if the statute has expired. These include trust fund claims as well as other sources of financial aid. They may also be able to file the claim in a different jurisdiction where the statute of limitations hasn't yet expired.
If the person hasn't been diagnosed with mesothelioma, the statute of limitations begins when they are diagnosed with a related condition like asbestosis or lung cancer. Certain states have "discovery statutes" that apply the same as the traditional statutes of limitations, but start at the date of diagnosis instead of exposure.
Mesothelioma lawyers must always discuss the statute of limitations with their clients and loved ones. A mesothelioma lawyer who is knowledgeable can provide state-specific laws as well as specific situations where the statute of limitations could be extended or suspended.
Hire a lawyer
Asbestos lawyers know how to navigate the complexities of asbestos litigation. They work with other lawyers to ensure that your case receives the best possible outcome.
Asbestos claims are distinct from other personal injury claims. The main reason is that asbestos exposure happened several decades ago and many of the companies that were exposed have either filed for bankruptcy or are out of business. The majority of the workers who were exposed do not even remember where they worked, and it's difficult for them to determine 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 at her disposal to find out the names of the businesses which were exposed as well as the dates that they worked there.
Once the asbestos lawyer has a better understanding of where the individual was exposed to asbestos and what they did in the area, he or she can then engage medical experts to examine the evidence and prepare reports on how exposure to asbestos triggered the mesothelioma. It is essential that the asbestos lawyer is able to establish the causation element of the case as without it, the victim may not be eligible for compensation.
A mesothelioma lawyer can be able to gather the necessary information that is required to file an asbestos lawsuit and trust fund claim on behalf of the victim. This includes obtaining information about the victim's occupation or work-related asbestos-related injuries as well as medical records. Additionally, they can gather testimonies of other victims. A mesothelioma lawyer must be familiar with the various kinds of financial aid available to patients and their families. This includes health insurance benefits as well as disability insurance and Social Security benefits.
Employing an experienced asbestos lawyer is crucial for anyone diagnosed with mesothelioma or any other asbestos-related disease. A lawyer can be in a position to assist patients determine which type of claim is best for them and then help them file the appropriate paperwork. An experienced mesothelioma lawyer will assist people suffering from other asbestos-related illnesses file for compensation, including trust fund and VA claims.