How to File an Asbestos Claim

An asbestos claim is a legal action brought against companies that exposed someone to asbestos. Lawsuits must be filed within a specified time frame known as the statute of limitations.

Asbestos lawsuits can be filed by the living victims or their families. When a plaintiff dies the estate representative of their deceased victim may continue the case in a wrongful death lawsuit.

Work History

Asbestos sufferers must submit to their lawyer documents that clearly indicate the date of their exposure to asbestos, the nature of their job involved and for how long. This information will allow the lawyer to establish a direct link between that exposure and the victim's illness. A lawsuit that involves asbestos may not be successful if the evidence isn't there.

Those who work in an industrial setting are most likely to be exposed to asbestos. It can also happen in schools and churches, hospitals, bases of military, and private homes. Asbestos is found in shingles, pipes, insulation, and fireproofing materials. Asbestos fibers can cause respiratory problems and diseases, such as mesothelioma for those who are exposed to this material.

Many companies that made asbestos were aware of the dangers, but chose to keep it quiet. This was a decision made to boost profits and safeguard the industry. It wasn't until the first asbestos lawsuits were filed that these companies started to compensate people who were diagnosed with mesothelioma and the other ailments due to exposure to asbestos.

A lawsuit against a company that produces asbestos can be a complicated process. It can be difficult to identify the parties responsible since asbestos is no more in use. There are a number of laws that can help victims identify 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) as well as the Safe Drinking Water Act and Resource Conservation and Recovery Act are all examples.

Asbestos victims are typically compensated by asbestos trust funds. These funds are set up to help injured victims receive compensation when the companies which exposed them have gone into bankruptcy. A skilled attorney who specializes in asbestos litigation can negotiate these funds to ensure the most compensation.

Families of those who died from mesothelioma or another asbestos-related disease, can make wrongful death claims. This type of lawsuit seeks to recover the unpaid funeral costs, medical expenses and loss of income of the deceased. These lawsuits are also designed to hold the responsible asbestos companies accountable for their negligence.

Testimonials

You can sue the companies that put you at risk, if you're diagnosed with mesothelioma or another asbestos-related disease. Your legal team will collect evidence to prove the businesses that harmed you, including medical proof of diagnosis as well as the identification of the asbestos product. Because it is commonplace for plaintiffs have been exposed different asbestos products throughout their career, many lawsuits contain multiple defendants.


A lawyer who is specialized in mesothelioma claims will be able to identify the most suitable defendants for your case even if the companies have gone bankrupt. The lawyers at Young Conaway Stargatt & Taylor have been working on asbestos bankruptcy cases for more than 30 years. James Patton has worked on hundreds of mesothelioma cases and helped resolve asbestos-related litigation that amounted to more than $2 billion.

In the past, law firms that specialize in asbestos litigation would solicit clients and then "bundle" them into groups to file lawsuits in massive quantities. The goal was to overwhelm the judiciary and enrich 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 near future.

The current compensation systems require attorneys to classify claims based on diagnosis. This has led to the reduction of mesothelioma lawsuits being filed. These changes, as well as the fact 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.

In addition to mesothelioma cases, you can file wrongful death claims for family members who have lost a loved one due to asbestos exposure. New York state laws allow families to pursue legal action within three years of the date they knew (or should have known) of the injury. In other states the statutes of limitations differ, with New Jersey and Pennsylvania requiring legal action within two years.

Statute of Limitations

A statute of limitations is a law that sets an expiration date for filing a legal claim. The deadlines vary according to the state. Nashua asbestos lawyer are usually based on when the victim was exposed to asbestos or diagnosed with an asbestos-related disease. However, there are several aspects that can alter the rules.

Many asbestos-related exposure victims don't realize they've been diagnosed with a condition until decades after their first exposure. This is due to the mesothelioma latency period and other asbestos-related ailments. Due to the latency period, it is important for mesothelioma patients and their families to make a claim as soon as they can.

The statute of limitations differs between states, however, in the majority of cases, it starts with the date of diagnosis. There are some states with different statutes of limitation for wrongful death cases versus personal injury claims. In general, the statutes of limitations are less than personal injury ones.

Asbestos patients and their families must hire mesothelioma lawyers immediately. The lawyer will be able to review all potential sources of compensation and provide guidance on how, where and when to file. A mesothelioma lawyer may also help if the statute has expired.

Mesothelioma lawyers can recommend options for obtaining compensation even in the event that the statute of limitations has passed, such as trust fund claims or other sources of financial assistance. They may also be able to file the claim in a different jurisdiction where the statute of limitations hasn't yet expired.

If the patient has not been diagnosed with mesothelioma or other cancers, the statute of limitations begins when they are diagnosed with a related condition, such as asbestosis or lung cancer. Certain states have "discovery" statutes that have the same effect as a standard statute of limitations but start with the date of diagnosis instead of the first exposure.

Mesothelioma lawyers must always discuss the statute of limitations with their clients and loved ones. A knowledgeable mesothelioma lawyer can provide state-specific laws as well as specific situations in which a statute of limitations may be extended or suspended.

Hire a Lawyer

Asbestos attorneys know how to navigate the complicated asbestos litigation. They work with other lawyers to ensure that your case gets the best possible outcome.

Asbestos cases are different from other personal injury cases. The exposure to asbestos occurred decades ago, and many of those companies have been shut down or filed for bankruptcy. Often, the workers who were exposed do not even remember where they worked and it is hard to pinpoint the locations in which they could have been exposed. This is why an experienced attorney is critical because he or she can use the resources at his or her disposal to find out the names of the businesses which were exposed as well as the dates they worked for them.

After 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 will then call in medical experts to examine the evidence and write reports about how the exposure to asbestos caused the mesothelioma. It is crucial that the asbestos lawyer can establish the causation component of the case because without it, the victim may not be eligible for compensation.

A mesothelioma attorney will also be able to gather the data required to bring a lawsuit against asbestos and an appeal to a trust fund for the victim. This includes obtaining information about the victim's occupation, asbestos-related injuries and medical records. It also includes testimonials from other victims. A mesothelioma attorney should also be aware of the different kinds of financial aid that are available to victims and their family members. This includes disability insurance, health insurance insurance and Social Security benefits.

Anyone who is diagnosed with mesothelioma or any other asbestos-related illness is advised to consult an asbestos lawyer. An attorney can help decide on the kind of claim they need to make and help them fill the necessary paperwork. An experienced mesothelioma lawyer can also help people with other asbestos-related illnesses file claims for compensation, such as trust fund and VA claims.