How to File an Asbestos Claim
Legal action is taken against companies that exposed a person to asbestos. Lawsuits must be filed within a certain time frame called the statute of limitations.
Asbestos lawsuits can be filed by living victims or their families. If Frisco asbestos lawsuits and their estate representative is appointed, they can continue the case despite the doctrine of wrongful death.
Work History
Asbestos-related victims must give their lawyer's documents that clearly specify when they were exposed to asbestos, what their job responsibilities are and the time for exposure. This information will allow the lawyer to establish a direct link between the asbestos exposure and the victim’s illness. A lawsuit involving asbestos could not be successful if evidence is not there.
People who work in an industrial setting are most likely to be exposed to asbestos. This exposure can also occur in churches and schools as well as hospitals, bases of military and private residences. Asbestos can be found in fireproofing and insulation materials, pipes and shingles. Asbestos fibers can cause respiratory issues and diseases, such as mesothelioma for those who are exposed to asbestos.
Many of the companies who produced asbestos knew of its dangers, but decided to keep this information from the public. This was done in order to ensure the safety of the industry and to increase profits. It wasn't until the first asbestos lawsuits were filed that these companies started to compensate those who contracted mesothelioma or other ailments caused by exposure to asbestos.
A lawsuit against a company which manufactures asbestos can be a complicated process. Because asbestos is no longer in use it can be difficult to identify the responsible parties. There are a number of laws that help victims identify the companies responsible for their asbestos exposure. They 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 typically compensated by asbestos trust funds. These funds were established to help injured victims receive compensation when the companies responsible for their exposure have gone under. In these instances an experienced lawyer who specializes in asbestos litigation will know how to negotiate with these funds and get you the most amount of compensation you can get.
Wrongful death cases are filed by family members of people who have died due to mesothelioma or another asbestos-related disease. This type of claim seeks damages for unpaid funeral costs, medical expenses and loss of income. These lawsuits also seek to hold the asbestos companies responsible for their wrongful conduct.
Testimonials
You can sue the companies that put you at risk if you are diagnosed with mesothelioma, or another asbestos-related condition. Your legal team will collect 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 of defendants, as it's typical for plaintiffs to be exposed to various asbestos-related products over the course of their 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 been declared bankrupt. Young Conaway Stargatt & Taylor has been involved in asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped settle asbestos-related litigation that amounted to more than $2 billion.
Law firms that specialized in asbestos litigation would "bundle" clients to file lawsuits on a mass basis. The goal was to overwhelm the legal system and benefit lawyers. This biased approach to litigation has hurt plaintiffs, according to the U.S. Department of Justice. This has also drained funds that could have been made accessible to people who develop more serious illnesses in the near future.
The current compensation systems in place require attorneys to group claims based on the diagnosis. This has resulted in an increase in mesothelioma cases being filed. These changes, as well as the fact that some states have passed reforms to tort law, which have led to a stricter medical criterion and an inactive docket have led to a decrease in the number of new claims filed between 2004 to.
You can also make wrongful death lawsuits on behalf of relatives of a deceased loved one who died as a result of asbestos exposure. New York law allows families to bring an action within three years of the date they learned (or should have known) 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 establishes the deadline for filing a legal claim. These deadlines vary from state to state. They are usually determined by the date of the victim's asbestos exposure or when they were diagnosed with an asbestos-related disease. There are however a number of aspects that can alter the rules.
Many people who have been exposed to asbestos are not aware of the existence of a condition for a long time after initial exposure. This is due to the mesothelioma latency period and other asbestos-related diseases. It is crucial that mesothelioma patients as well as their families file a lawsuit as soon as possible due to the latency period.
The statute of limitation varies from state to state but in most cases it begins with the date of diagnosis. Some states have different statutes for personal injury and wrongful death claims. In general, the statutes of limitation are shorter than those for personal injury claims.
Asbestos patients and their families must hire a mesothelioma attorney as soon as possible. The lawyer can review all possible sources of compensation for clients and provide advice on the best time, place and the best way to file. A mesothelioma lawyer may assist if the statute is expired.
Mesothelioma lawyers can suggest options for obtaining compensation even if the statute of limitations has run out for trust fund claims or other sources of financial aid. They may be able file the claim in a state where the statute has not expired.
If the person hasn't been diagnosed with mesothelioma or other cancers, the statute of limitations begins when they are diagnosed with a related illness like asbestosis or lung cancer. Certain states have "discovery statutes" which apply the same as traditional statutes of limitations but begin at the time of diagnosis, not exposure.
Mesothelioma attorneys should always discuss the statute of limitations with clients and their loved relatives. An attorney for mesothelioma can explain state law, as well as situations where the statute of limitations could be tolled or suspended.
Hire a lawyer
Asbestos lawyers know how to navigate the maze of asbestos litigation. They will collaborate with other attorneys to ensure that your case receives 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 those companies have been shut down or filed for bankruptcy. Many times, those who were exposed do not even remember where they worked and it is difficult for them to determine the locations in which they could have been exposed. An experienced attorney can help you with this because he/she will be able to use the resources available to in order to determine which companies were affected and when they worked at the place.
Once the asbestos lawyer has an understanding of the location to which the individual was exposed and what they did there and what they did, he or she can then engage medical experts to review the evidence and create reports about how the exposure to asbestos led to mesothelioma. It is important that the asbestos lawyer is able to establish the causation aspect of the case, because without it, the victim may not be eligible for compensation.
A mesothelioma lawyer will 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 obtaining information about the victim's occupation, asbestos-related injuries and medical records. Also, it includes the testimony from other victims. In addition, a mesothelioma lawyer should be familiar with all of the different kinds of financial aid that are available to victims and their families. This includes disability insurance, health insurance insurance and Social Security benefits.
Anyone diagnosed with mesothelioma, or any other asbestos-related disease, should hire an asbestos lawyer. An attorney can help determine what kind of claim they need to submit and assist in filling out the forms. A mesothelioma attorney can also assist those suffering from other asbestos-related illnesses file for compensation. This includes trust fund and VA claims.